Search Results

Adding someone to the deed of a property may seem like a good idea but there are often unintended consequences. Before you proceed further, we ask that you consider the following: Loss of Control Adding someone’s name to your deed means that you are giving up control of the property. You give that person an ownership interest in your property. Think of it as equivalent to going into business with that person, the business being your property. You will not be able to sell the property, refinance your mortgage, or take out a new mortgage without this new owner’s permission. You will not be able to undo the transaction and remove your new co-owner from the deed without his or her consent. Your new co-owner can transfer his or her interest in the property to another individual without your consent. Increased Tax Consequences You might be motivated to add someone to your deed by a desire to avoid inheritance tax. Adding a child or other non-spouse to your deed may result in increased capital gains tax. The inheritance tax rate for transfers to a child is 4.5%. The capital gains tax rate is typically between 15-20%. When you give away your property, the tax basis (or the original cost) of the property for the donor (you) becomes the tax basis for the done (your child or other non-spouse). For example, suppose you bought the property years ago for $50,000 and it is now worth $200,000. If you give the property to your children and they sell the property, they will pay capital gains taxes on the difference between $50,000 and the selling price. You saved $9,000 in inheritance taxes but your child paid $27,000 in capital gains tax. Conversely, if your children inherit the house after your death, they’ll instead pay inheritance tax but no capital gains tax, an overall tax savings of $18,000. Calculate capital gains tax. Transfer Tax If you add a non-spouse or child to your deed, you’ll have to pay realty transfer tax. The tax is typically between 2-4% on the fair market value of the share of the property you are giving away. For example, if your property is worth $200,000 and you are adding a sibling to the deed resulting in two of you being the owners, you’ll pay transfer tax of 2% of one-half the value, or $2,000. Creditors Adding co-owners to the deed may expose that property to the claims of your co-owner’s creditors. For example, a judgment against your co-owner will be a lien on your property (even if the judgment is unrelated to the property). You will be required to pay that judgment to sell or mortgage your property. Your property could get drawn into a co-owner’s divorce, bankruptcy, collections lawsuits, tax problems and their own estates if they predecease you (you might have to pay inheritance tax on your own property!). We can do a judgment search for your intended co-owner for $99. Mortgage Is there a mortgage on the property? If yes, adding a co-owner may trigger the “due on sale” clause in your mortgage agreement, requiring you to pay off the mortgage in full. You’ll want to find out whether you must obtain your lender’s permission prior to transfer to avoid this. Federal Gift Tax Giving someone else an interest in your property — without being paid for it — constitutes a gift and could trigger the need to file a federal gift-tax return. Under current federal tax law, an individual can give another individual who is not a spouse no more than $15,000 in a calendar year without having to file a gift-tax return. We can file a gift tax return for $99. Medicaid Coverage Adding a co-owner to your title can affect your ability to qualify for Medicaid coverage for skilled nursing care. Gifts or transfers of real property made within five (5) years of applying for Medicaid can lead to a penalty and may disqualify you from receiving benefits. If you’d like help with adding someone to your deed, you can get the process started by answering a few simple questions here. One of our real estate attorneys will be in touch within 8 business hours.

In business, the concept of loyalty extends beyond customer relationships to encompass the duty that partners owe to their own enterprises and business partners. Members of a limited liability company have a duty to the members to act in good faith and promote the interests of the LLC.  This duty, known as the duty of loyalty, helps maintain the integrity of the business and promotes its long-term success. What is the Duty of Loyalty? The duty of loyalty is a legal and ethical obligation that requires business owners to prioritize the interests of the business above their personal interests. It requires owners to act honestly and in good faith, and to avoid conflicts of interest that may harm the business. This duty is particularly important in closely-held businesses, where owners often have a significant degree of control over the company's operations. Key Aspects of the Duty of Loyalty 1. Account for Business Profits A member’s fiduciary duty of loyalty includes the duty to account to the LLC and hold as trustee any property, profit, or benefit derived by the member from a use by the member of the LLC’s property.  For example, if a member uses a truck owned by the company for a side job, the member should pay the company for use of the truck at the least or pay over the compensation for the job to the company because it was derived almost entirely from use of company property. 2.  Theft of Company Opportunity: A company opportunity is any opportunity for the company to make a profit in their line of work.  A company opportunity exists when a certain activity is reasonably related to the business’ present or prospective business and is one in which the corporation has the ability to do.  A classic theft of corporate opportunity claim is a situation where a member of the business transfers company assets to a new LLC that operates in the same line of business, in order to avoid sharing profits with business partners. 3.  Avoiding Conflicts of Interest: Business owners must avoid situations where their personal interests conflict with the interests of the business. This includes refraining from engaging in transactions that benefit them personally at the expense of the business. 4.  Acting in Good Faith: Owners are expected to act honestly and in the best interests of the business. This means making decisions that are based on the merits of the situation and not influenced by personal gain.  This also means the owners cannot refuse to participate in business matters or sign documents because of a person problem or vendetta they have against another owner. 5.  Acting Contrary to Company’s Interests: The member’s duty of loyalty also includes refraining from dealing with the LLC as or on behalf of a person with an interest adverse to the LLC. Consequences of Breaching the Duty of Loyalty Failure to uphold the duty of loyalty can have serious consequences for business owners. In addition to potential legal action, such as lawsuits for breach of fiduciary duty, owners may also face reputational damage that can harm their future business prospects. Furthermore, breaches of the duty of loyalty can erode trust among stakeholders, leading to a breakdown in the business's operations. Conclusion The duty of loyalty is a fundamental principle that governs the relationship between business owners and their businesses. By understanding and upholding this duty, owners can help ensure the long-term success and integrity of their businesses.  A attorney should be consulted to ensure the LLC is properly formed and that the operating agreement is properly drafted to identify these duties and give the company remedies against any owners who violate their duties. If you are facing a theft of corporate opportunity matter or a situation where a member of the company is violating their duty of loyalty, it’s crucial to have experienced representation to help you navigate the legal process. The Pittsburgh and Philadelphia business attorneys at Fiffik Law Group provide skillful counsel for a wide variety of commercial matters, including those involving theft of corporate opportunity claims. Call (412) 391-1014 or send us a message to learn more about how we can help.

In businesses with two or more owners, harmony and cooperation are often paramount to success. However, when one partner fails to fulfill their obligations or hinders the progress of the business, it can strain the relationship and jeopardize the enterprise. Knowing how to handle a non-performing business partner is crucial to protecting your investment and the future of your business. Here are some legal remedies and strategies to consider: 1. Review the Partnership Agreement: The first step in addressing a non-performing partner is to review the business documents such as the operating agreement, bylaws or partnership agreement. These documents should outline the rights, responsibilities, and obligations of each partner, as well as the procedures for resolving disputes. It may contain provisions for removing or buying out a non-performing partner.  If they do not, then consider having the agreements revised.  You may be able to accomplish that without the consent of a minority owner.  One of the experienced business attorneys at Fiffik Law Group can help you understand and revise these agreements to suit your particular business. 2. Communication: Open and honest communication is key to resolving issues with a non-performing partner. The natural tendency is to avoid confronting the issues.  That will only deepen resentments and perhaps costs that need to be addressed.  Don’t let a crisis or business decision force you to address the problem.  Discuss your concerns, clarify expectations, and explore potential solutions. Document all communications in writing to create a record of your efforts to resolve the issue. 3. Mediation or Arbitration: If direct communication fails to resolve the issue, consider using mediation or arbitration to settle the dispute. These methods are often less costly and time-consuming than litigation and can help preserve the business relationship. 4. Buyout Provision: Well-drafted operating and partnership agreements include a buyout provision that allows the remaining partners to buy out a non-performing partner's interest in the business. This can be a mutually beneficial solution that allows the business to move forward without the non-performing partner.  However, in the absence of such a provision, unless the remaining owners can prove wrongdoing by the minority partner, including embezzlement or other financial impropriety, legally forcing the partner out of the business is difficult to impossible. 5. Legal Action: In cases where a non-performing partner is causing significant harm to the business, legal action may be necessary. This could include filing a lawsuit for breach of contract, seeking an injunction to prevent further harm, or pursuing other legal remedies available under the partnership agreement or applicable law. 6. Dissolution of the Business/Partnership: If the operating or partnership agreement allows for it, the partners may agree to dissolve the partnership and liquidate its assets. This can be a last resort option if all other attempts to resolve the issue have failed. Seek Legal Advice for Ownership Disputes Dealing with a non-performing partner can be complex, and it's important to seek legal advice early in the process. The knowledgeable attorneys at Fiffik Law Group can help you understand your rights and options and guide you through the process of resolving the issue.  Dealing with a non-performing or difficult business partner requires careful consideration and a strategic approach. Protect your investment and the future of your business.  Contact us today for help.

In today's digital age, privacy concerns are more prevalent than ever. With the proliferation of smartphones, video calls and hidden cameras, individuals face an increased risk of being recorded without their consent, especially in private settings. It can be devastating to find that private, intimate images of yourself are posted online for everyone to see. Perhaps your cloud was hacked, or an ex-partner posted an explicit video that you shared with them in confidence. No matter the origin, capturing and distributing intimate images without your consent, often referred to as voyeurism or considered revenge porn - and it is unlawful. To address this issue, the federal government enacted the Video Voyeurism Prevention Act (VVPA) in 2004, which criminalizes the unauthorized recording of individuals in private spaces.  There is also a civil cause that exists at the federal level under the Violence Against Women Act (VAWA).  In this article, we’ll focus on unlawful Voyeurism. You can also read about revenge porn here. What is the Video Voyeurism Prevention Act? The VVPA defines video voyeurism as the act of capturing, transmitting, or viewing images of a person's intimate areas without their consent, under circumstances where the individual has a reasonable expectation of privacy. Examples of how this often happens include: Taking photographs on a mobile phone of someone during moments of intimacy in a non-public place; Taking screen shots of someone during a Facetime or Zoom call; Hacking someone’s phone or cloud storage and taking or downloading those images without consent; Using a hidden camera to record someone in a private dressing room, bathroom, or bedroom; Many domestic abusers and sex traffickers use nonconsensual intimate images to harass and control their victims. They threaten to share explicit images of their partners as a way to keep them in the relationship and control their behavior. Take Action if You are a Victim of Video Voyeurism If you believe that someone has captured nude images of you without your consent, it's important to take action to protect your rights. Here are the steps you should consider: 1.  Demand the Files be Deleted: If you suspect that someone captured intimate images of you, you should make clear, in writing, that you did not give them consent to capture the images and demand that the person delete all files permanently from all devices.  You can advise them that it is a crime to retain those images without your consent. 2.  Contact Law Enforcement: If you suspect that you have been a victim of video voyeurism, report the incident to your local law enforcement agency. Provide as much detail as possible, including any evidence or information you have regarding the incident.  If you were underage when the images were taken, the perpetrator likely committed child pornography. This offense is always penalized very strictly, and perpetrators can be prosecuted under both state and federal law. If you are an adult victim, the perpetrator may still likely face large fines and jail time in 48 states and the District of Columbia. 3. Seek Legal Advice: If your contact with the perpetrator does not work, your attorney may need to send a demand letter informing the perpetrator that you will take legal action if they do not delete the content. That letter alone may be sufficient to convince the perpetrator to erase the harmful content on their own. Consult with an attorney who specializes in privacy law to understand your legal options. We can advise you on the best course of action to protect your rights and seek justice, including filing a lawsuit to hold the perpetrator accountable. Just as importantly, we can provide a judgment-free, supportive presence during this difficult time. 4. Document Evidence: Keep any evidence related to the incident, such as screenshots, messages, or witness statements. This information may be crucial in building a case against the perpetrator. 5. Protect Your Privacy: Take steps to protect your privacy moving forward. This may include changing your passwords, securing your devices, and being cautious about sharing personal information online. 6. Utilize Online Monitoring Tools:  The danger of someone having intimate images of you is that they will post them online. Online tools and services can help you monitor the web and social media sites for specified content. For example, Google Alerts is a free and effective tool to keep tabs on content that includes your name or other personally identifying information.  If they are posted, you can mitigate the damage by knowing about it right away and taking action to contact sites to have those images removed. 7.  Consider Counseling: Being a victim of video voyeurism can be a traumatic experience. Consider seeking counseling or therapy to help you cope with the emotional impact of the incident. File a Video Voyeurism Lawsuit If you are a victim of nonconsensual intimate voyeurism, you may have a civil or criminal claim - or both - against the perpetrator.  At Fiffik Law Group, we know how overwhelming and devastating it can be to have someone in possession of your intimate images without your consent. Whether you your partner captured images or videos during a private moment or had your phone or iCloud hacked, this is wrong and there is recourse. Criminal cases are prosecuted by the state; you have no control over how the case proceeds beyond reporting the incident to the district attorney or law enforcement. Private attorneys can advocate for victims and help gather evidence, but they generally do not participate in criminal cases before the court. Civil claims, on the other hand, are much more under your and your attorney’s control. You may be awarded monetary damages and obtain a restraining order or court order to remove the harmful content.  Our attorneys are here to talk with you – judgment free.  We will help you get your privacy back.  Contact us today.

A major change is coming to the real estate industry. On Friday, the National Association of Realtors agreed to eliminate rules on commissions in order to settle pending lawsuits. If approved by a federal court, the settlement is likely to have a significant effect on how the real estate industry does business.  If you are planning to buy or sell a home in 2024, this settlement may have a big impact on how much you pay for real estate commissions. Part of the settlement includes eliminating rules on realtor commissions which typically comes out to 6% of the sale price of the home.  How things work now is that home sellers sign a listing agreement with a realtor (the “listing agent”) that pays a commission of 5-6% of the final sales price for the home.  The listing agent’s commission is split 50/50 with the agent who works with the buyers, however, the full commission is paid from the seller’s proceeds while buyers pay nothing to either agent. Under the settlement, home sellers will no longer be compelled to pay commissions to both the listing agent and the buyer’s agent when selling their home. Instead, sellers and buyers will be free to negotiate commission paid to their respective agents. What does this mean if you’re a seller or buyer? It’s difficult to predict the practical impact of this settlement on Pennsylvania home buyers and sellers.  Eighteen states in the country already have separate seller and buyer agency agreements that explains compensation and how that’s negotiable.  The practices in those states may serve as a guide for the likely fallout of the settlement in Pennsylvania.  Here are some possibilities: For Sellers: Switching to a model where buyers and sellers pay for their own agents could save sellers $30 billion a year, a study by two Richmond Fed economists estimated. If Sellers pay only the listing agent, they’ll drop from paying a 6% to a 3% commission, which amounts to $12,000 on a median-priced $400,000 home. Some believe sellers will accept a reduced price for their homes because they are paying a reduced commission.  Others do not see this happening and expect sellers’ desire to maximize returns for home sales to remain unabated. Home sellers may negotiate more aggressively on commission agreements.  They may want one commission structure paid when selling to buyers without a buyer agent and a different commission paid when buyers have buyer agents, potentially bringing costs down. There may be additional negotiations with buyers concerning how much of the buyer agent’s commission will be paid by the respective parties. For Buyers: Buyers will face the stark possibility that buying a home might’ve just gotten more expensive for them.  If they are forced to pay a portion of the commissions currently paid by sellers, Buyers might need to come up with an additional. $12,000 on a median-priced $400,000 home.  Buyers should ask what services they are receiving for such a hefty fee. The biggest thing they’ll see is that they’ll be required to enter into some sort of a buyer’s representation agreement with the realtor they’re working with directly. Buyers will face uncertainly whether they’ll be the ones who are required to pay their agent’s commissions or if some or all those fees will be negotiated to be paid by the seller in an agreement.  Certainly buyers should negotiate conditions in buyer agent agreements to relieve them of the obligation to pay commissions when the seller is paying some or all of them. The possible changes could impact first-time home buyers, who could have to pay more for an agent because the commission would no longer come just from the seller.  For these buyers, it’s a struggle already to come up with the down payment and money to cover closing costs.  If they have to come up with an agent commission as well, it becomes very difficult for first-time home buyers to enter the market with representation. More first-time home buyers may choose to work without an agent to avoid having to come up with even more money to pay the agent’s commission. Buyers may negotiate commissions with their agents, overall reducing commissions paid to realtors in sales transactions. Buyers with VA or FHA loans may be adversely impacted because those loans already include restrictions on the value of concessions sellers can give in any deal.  It’s unknown whether the VA or FHA loan programs will change those seller concession limits to accommodate negotiations concerning buyer-agent commissions. More to Come The settlement hasn’t been approved by the court. Of course, the devil will be in the details, and there are several questions about how the changes will impact Pennsylvania home buyers and sellers. However, the prevailing thought among those in the industry is that real estate commissions will be reduced overall by additional negotiations, ultimately benefiting consumers. These changes are expected to go into effect in mid-July 2024.  We’ll stay on top of this issue and bring you the latest news.

The Economic Injury Disaster Loan (EIDL) program, administered by the U.S. Small Business Administration (SBA), was a lifeline for many businesses, providing crucial funds to help them survive economic hardships.  The SBA recently reversed course and is being more aggressive in pursuing repayment of these loans.  Many small business owners are finding it challenging to repay the EIDL loan. The SBA Inspector General estimated that there were about $62 billion in past-due EIDL loans worth $100,000 or less as of March 2023.  Many business owners, when they applied, did not have a good understanding about whether they’d have to pay back the EIDL loans.  Their confusion isn’t unwarranted.  Until December 2023, the SBA’s policy was not to aggressively pursue repayment.  Congress put pressure on the SBA and it reversed course.  We’ve heard from several business owners who received unhappy repayment notices.  In such cases, understanding the consequences and potential solutions is vital. 1. Impact on Credit Score Failure to repay an EIDL loan can significantly impact the business owner's credit score. This can make it difficult to secure financing in the future and may also affect personal credit. 2. Collection Efforts The SBA can employ various collection efforts to recover the outstanding loan amount. This can include contacting the borrower directly, sending demand letters, and even taking legal action. 3. Asset Seizure If the loan is not repaid, the SBA may seek to seize assets pledged as collateral for the loan. This could include business assets such as equipment, inventory, or real estate. 4. Personal Liability In some cases, business owners may be personally liable for repaying the EIDL loan. If you have defaulted on an EIDL loan of more than $200,000, your personal assets can be seized. That includes real property you pledged for security, the money in your personal bank account, investments, cars, and other personal assets. 5. Impact on Future Loans Defaulting on an EIDL loan can make it challenging to secure financing in the future. Lenders may view the borrower as high-risk, making it harder to access credit when needed. 6. Bankruptcy In some cases, filing for bankruptcy may be the only option for a business owner who cannot repay an EIDL loan. However, this should be considered as a last resort, as it can have long-lasting consequences. It’s crucial for business owners to understand the implications of not repaying an EIDL loan. Seeking assistance from financial advisors or the SBA can help explore options and find a solution that works best for their situation. It is always advisable to communicate openly with lenders and seek guidance to avoid serious consequences.

Welcome to our Women's History Month special Q&A series! We had the privilege of sitting down with some of the incredible women leaders at Fiffik Law Group to gain insight into their journeys, experiences, and aspirations in the legal field. Susan Green | COO What inspired you to pursue a career in law/at Fiffik Law Group? The opportunity to manage the change of ownership and moving offices. What's the most unusual or unexpected aspect of your job that people might not know about? Our youngest employee is 20 and our oldest is 80. We have employees from four different countries. Employees with families, caregivers for families and employees married with children, single with children, and single with no children, single with pets. So gratifiying to work with different ages and cultures. Can you share a success story or accomplishment that you are particularly proud of? Successfully moving everyone to a remote status during the pandemic. What is a piece of advice would you give to other women aspiring to be in the legal field? Women in business: Never stop learning- continue to learn new things and keep up to date on technology. For stay at home moms – which I was one for a time –  keep your hand in some part of the business environment- volunteering, working part time etc. , try to keep up to date on new technology so when they are ready to enter the workforce again with minimum loss in skills. If you could have dinner with any historical female figure, who would it be and why? Ruth Bader Ginsberg Karyn Coy, Esquire | Supervising Attorney What inspired you to pursue a career in law/at Fiffik Law Group? I honestly do not know but I have things from the age of 10 years that said when I grow up I want to be a lawyer. When I was older, my mother spoke of her job as a legal secretary and she always said she thought I had the personality to be an attorney.  I guess I argued or negotiated alot.  Also my dad had some legal issues with a property dispute that involved some parties with influence in a small county legal community.  It was the first time I saw how sometimes justice can be perverted by those in power and definitely drove me to want to not be that type of attorney. What's the most unusual or unexpected aspect of your job that people might not know about? Not really unusual or unexpected but will say that I find it fascinating with the law that I learn something every single day. Can you share a success story or accomplishment that you are particularly proud of? Being part of a firm whose attorneys' jobs are to provide access to an attorney and ultimately access to justice is something I am very proud of. What is a piece of advice would you give to other women aspiring to be in the legal field? If the job you have is due to the money you make, find a way to use the status as an attorney outside of that.  Be an influence or advocate for those in need. If you could have dinner with any historical female figure, who would it be and why? Florence Griffith Joyner, 1988 Olympian and World Record holder in the 100/200 meter dash. She was a force in the track world.  She had originality, style and was so dynamic of an athlete and person. Jennifer Bamonte, Esquire | Estate Planning Attorney What inspired you to pursue a career in law/at Fiffik Law Group? The opportunity to make a difference in the lives of others; to be able to educate, share my knowledge, problem solve and bring peace of mind to my clients motivates me. What's the most unusual or unexpected aspect of your job that people might not know about? The amount of compassion needed to be an effective attorney. Can you share a success story or accomplishment that you are particularly proud of? Handling over 20,000 estate planning matters in the course of my career so far. What is a piece of advice would you give to other women aspiring to be in the legal field? Show up, be yourself, know your worth, be accountable, find ways to connect with clients & colleagues. If you could have dinner with any historical female figure, who would it be and why? Mother Teresa. I would like to learn more about her selfless nature that drove her to tirelessly assist the suffering and hear her thoughts on the ways I could have the most impact on those around me.

If you think you might be marketing your business for sale in the next 6-12 months, you should be looking at ways you can increase the value of your business. One area often overlooked is the potential risks associated with employees. From intellectual property theft to unfair competition, these risks can significantly impact your business's value.  These issues, when left unresolved, represent a significant risk to a potential buyer. Dealing with these risks is a technique that will have a big impact on the value of your business in the shortest period of time and which also pose a low risk to implement. Here are some action steps for you to consider. Employment Agreements: One of the most effective ways to protect your business is through well-drafted employment agreements. These agreements clearly outline the terms and conditions of employment, including job responsibilities, compensation, benefits, and termination clauses. By clearly defining these aspects, you can minimize misunderstandings and potential legal disputes. Moreover, employment agreements can also include provisions related to confidentiality and intellectual property rights. These provisions ensure that employees understand their obligations regarding the protection of sensitive information and intellectual property. This can be crucial in industries where proprietary information is a key asset. Confidentiality Agreements: Confidentiality agreements, also known as non-disclosure agreements (NDAs), are essential for businesses that rely on proprietary information. These agreements prohibit employees from disclosing confidential information to third parties. By requiring employees to sign confidentiality agreements, you can protect your trade secrets, customer lists, and other sensitive information. Non-Solicitation Agreements: Non-solicitation agreements are another valuable tool for protecting your business. These agreements prevent employees from soliciting your customers, clients, or other employees for a specified period after leaving your company. By preventing unfair competition, non-solicitation agreements can help maintain the value of your business and protect your customer relationships. If you’re allowing your employees to use their own cell phones to communicate with your customers, you have another huge hole in your data control system.  We highly recommend that you take steps to control your data: Read More: Employee Cell Phone Usage – It’s a Problem for Businesses Reducing staff-related risks is a strategic approach to value maximization of your business.  These issues can be cleared up with minimal cost in a matter of several weeks by retaining one of the experienced business attorneys at Fiffik Law Group to prepare agreements and advise you how to have them signed in a way that they’ll be enforceable. Contact us to get started.

As life progresses, the need for long-term care, such as nursing home care, can become a reality for many individuals. It is estimated that 70% of seniors over age 65 will need to spend some time in a long-term care facility.  The cost of care can be shocking.  The average monthly rate for nursing care in Pennsylvania is almost $12,000.  This can bring about concerns regarding the protection of assets, particularly for the spouse who remains at home.  How will you pay to remain at home AND pay for nursing care?  Your life savings could be wiped out by the cost of care. It’s important to understand the options available to protect assets while ensuring that your loved one receives the care they need. Here are some strategies to consider: 1. It’s Not Too Late to Plan! The most effective planning to handle nursing home costs is done several years in advance.  But that doesn’t mean it’s too late to preserve assets once your loved one is in long-term care or nursing care.  An experienced elder law attorney can give you a variety of strategies to preserve your savings, so they aren’t all expended paying for care. 2.  Understand Medicaid Rules Medicaid is available to pay for nursing home care but has strict asset limits for eligibility. Understanding these rules can help you plan effectively. In many cases, the spouse living at home (referred to as the "community spouse") can retain a portion of the couple's assets without affecting the eligibility of the spouse in the nursing home. 3. Spousal Impoverishment Rules Medicaid rules include protections to prevent the community spouse from becoming impoverished. These rules allow the community spouse to keep a portion of the couple's combined income and assets, including the home, a car, some savings (Up to $150,000 in Pennsylvania in 2024) and personal belongings.  It may be necessary to re-title or spend savings to take advantage of some of these protections. 4. Asset Protection Trusts In some cases, setting up an irrevocable trust can help protect assets. Assets placed in the trust are no longer considered the property of the individual and may not be counted toward Medicaid eligibility.  They may also avoid a lien to repay Medicaid benefits after your loved one passes away.  This option requires careful planning and can be done even if you believe nursing care might be needed even in a year or two. 5. Review and Update Estate Planning Documents Ensure that your will, trusts, and other estate planning documents are up to date and reflect your current wishes. This can help ensure that your assets are protected and distributed according to your wishes.  It may be important for you to disinherit your spouse in the facility so that the money you leave them does not end up disqualifying them for Medicaid and goes to the nursing home instead of your family. 6. Consult with an Experienced Elder Law Attorney Asset protection and Medicaid rules can be complex, so it's essential to consult with an attorney or financial advisor who specializes in elder law. They can help you navigate the rules and develop a plan that best protects your assets. Call Us for Help We’re here to answer any questions that you have about asset protection and Medicaid benefits.  It's important to remember that each situation is unique, and what works for one couple may not work for another. The experienced attorneys at Fiffik Law Group understand the intricacies of Medicaid rules and asset protection can help you develop a plan that meets your specific needs and goals. By taking proactive steps, you can help protect your assets while ensuring that your spouse receives the care they need.

Accidents happen, and unfortunately, they're a part of life on the road. In Pennsylvania alone, the statistics are sobering: an average of 318 reportable traffic crashes occur daily, resulting in 3 fatalities and 184 injuries. These numbers underscore the importance of being adequately protected in the event of an accident. This is where Uninsured Motorist and Underinsured Motorist Coverage (UM/UIM) comes into play. UM/UIM coverage is often overlooked or misunderstood, yet it is one of the most critical types of automobile insurance you can purchase for yourself and your family. In essence, it acts as a safety net, ensuring that you are protected if you're involved in an accident caused by a driver who either has no insurance or insufficient coverage to compensate you for your losses. Consider This Scenario: You're driving along, obeying all traffic laws, when suddenly another driver runs a red light and plows into your car. The accident leaves you with significant medical bills, time off work due to injuries, and ongoing pain and suffering. If the at-fault driver doesn't have insurance or has minimal coverage that doesn't come close to covering your expenses, UM/UIM coverage steps in to fill the gap. In Pennsylvania, the state minimum insurance for bodily injury is $15,000/$30,000. However, this amount is often inadequate to cover the full extent of damages in a serious accident. This is where UM/UIM coverage becomes indispensable. It provides additional financial protection for you and your loved ones, ensuring that you're not left financially devastated due to someone else's negligence. So, why should you consider purchasing UM/UIM coverage? Protection for You and Your Family: UM/UIM coverage safeguards you and your loved ones in the event of an accident, providing peace of mind knowing that you're financially protected no matter what. Coverage When At-Fault Driver is Uninsured or Underinsured: It's a sobering fact that not all drivers on the road carry insurance, and even those who do may not have adequate coverage. UM/UIM steps in to ensure that you're not left holding the bag for someone else's lack of responsibility. Value for Money: Considering the relatively low cost of UM/UIM coverage compared to the potentially astronomical expenses of an accident, it's a wise investment that offers significant benefits in return. To ensure that you have the coverage you need, we recommend the following: Consult with Your Insurance Agent: Take the time to understand all the coverage options available to you, including UM/UIM. Your insurance agent can provide valuable insights and help you make informed decisions. Review Your Declarations Page: Let us review your insurance policy's declarations page at no cost to you. We can identify any gaps in coverage and make recommendations to ensure that you're adequately protected. UM/UIM coverage is not something to be overlooked or taken lightly. It's a crucial component of your auto insurance policy that provides essential protection for you and your family in the event of an accident. Don't wait until it's too late—take proactive steps today to ensure that you're prepared for whatever the road may bring. Contact the experienced attorneys at Fiffik Law Group to learn more.

Suspecting that a family member may be a victim of financial exploitation is a distressing situation. Whether it's an aging parent, a vulnerable adult, or someone with diminished mental capacity, taking swift and decisive action is crucial to protecting their financial well-being and dignity. Recognizing the Signs Financial exploitation can take many forms, including unauthorized use of funds, coercion to change wills or estate plans, or deceitful practices to gain control over assets. Signs of exploitation may include: Sudden changes in financial accounts or assets Name of caregiver on loved one’s accounts Unexplained withdrawals or transfers of money Checks made to cash Missing personal belongings or valuables Unpaid bills despite having enough resources Changes in behavior or demeanor, especially around certain individuals Isolation from friends and family Common Characteristics of the Abuser or Exploiter Reacts inappropriately in situations with loved one Has a sense of entitlement to loved one’s money Expresses unrealistic expectations of the elder; blames the loved one that things they can’t control are deliberate Relates contradictory history when talking about loved one Unwilling to allow others contact with the loved one; loved one not allowed to talk with others without abuser in the room Aggressive behavior (threatens, insults or harasses) Previous history of abuse to others Steps to Take 1. Gather Information Begin by writing down any behaviors or situations that are consistent with abuse or exploitation.  In addition, collect any relevant documents or records that may help substantiate your concerns, such as bank statements, legal documents, or communication records. 2. Consult with an Attorney Seek advice from a legal professional specializing in elder law or financial exploitation. They can guide you on the best course of action and help protect your loved one's interests. 3. Report the Situation If you suspect criminal activity or abuse, report it to the authorities without delay. Contact the local Area Agency on Aging or the police to investigate and intervene if necessary. 4. Contact Financial Institutions Inform banks, credit card companies, and other financial institutions about your concerns. They may be able to freeze accounts or take other measures to prevent further exploitation. 5. Secure Assets If possible, take steps to secure your loved one's assets, such as changing account passwords or implementing stricter access controls. 6. Document Everything Keep detailed records of all conversations, actions taken, and any evidence of exploitation. This documentation may be useful in legal proceedings or investigations. Preventative Measures To prevent financial exploitation of someone in your life who might be vulnerable, consider the following steps: Gather family members to talk about how they can work together to help your loved one. Suggest that more than one person have access to accounts so there are a second set of eyes to identify exploitation before it gets out of hand. Encourage your loved one to have a power of attorney prepared giving someone who is trusted to manage their financial affairs. If the loved one has diminished mental capacity, a guardianship proceeding may be needed to manage finances on behalf of your loved one. Appoint a trusted contact who you authorize a bank or financial institution to get in touch with about questionable activity on your account, or if they are unable to reach you. Set up direct deposit for income sources to avoid the need for physical checks. Tech tools such as EverSafe and LifeLock can detect suspicious activity — like missing deposits, unusual withdrawals or abrupt changes in spending patterns. Make sure their important legal documents are in a safe place.  Protect usernames, passwords and PINs. Conclusion Financial exploitation of a family member is a serious issue that requires prompt action. If you suspect someone is the victim of exploitation, contact the experienced Elder law attorneys at Fiffik Law Group.  We can help you recognize the signs and advise you on proactive steps to protect your loved one's assets, you can help prevent further harm and ensure their financial security. Remember, you are not alone – we are here to support you through this difficult time.

As a parent, ensuring the well-being and security of your child is a top priority. While it's natural to focus on the present, it's also crucial to plan for the future, especially in unexpected situations. A standby guardianship agreement is a legal document that allows parents to designate a standby guardian for their child, ensuring their care in the event that the parents are unable to do so themselves.   Situations where a Standby Guardianship is Needed   You’re a single parent and the other parent is not around, has addiction problems or is simply not responsible. Members of the armed forces called up for duty away from home. You’re a single parent and the other parent is incarcerated. Your immigration status is uncertain and you want your children to remain in the United States. Unexpected travel delays keep both parents from returning on time. You’re called away for work without another parent available. A sudden health event or injury could prevent you from caring for your child.   These are only a few examples.  The truth is that every time a parent leaves home, there’s a chance something could happen that would prevent them from caring for their child.    Don’t Assume Things Will Take Care of Themselves   Many people assume their families would “do the right thing” in the event any of the situations above were to occur.  Often a recipe for conflict if a parent fails to name a standby guardian . More times than not, multiple family members believe that they are the best choice for the child, and a custody battle can result when parents aren’t clear as to their wishes.   What is a Standby Guardianship Agreement?   A standby guardianship agreement is a legal document that designates a standby guardian to care for a child if the child's parents are unable to do so. This could be due to various reasons, such as illness, incapacity, or temporary absence. The standby guardian steps in only when the parents are unable to fulfill their parenting responsibilities, providing a seamless transition of care for the child.   The parent does not lose any parental rights by completing an agreement and has the power to revoke the standby guardianship at any time. The parent always keeps custodial rights.   Are you a grandparent?  This would make a great gift for your child.  Love them by helping them get this protection for your grandchildren in place.   Why is it Important for Parents to Have in Place?   1. Ensures Continuity of Care In unforeseen circumstances where parents are unable to care for their child , a standby guardianship agreement ensures that someone trusted by the parents can step in immediately, preventing any disruption in the child's care.  Otherwise the children are at risk of being placed in the local child welfare and foster care system and the parents risk losing their parental rights.   2. Peace of Mind Knowing that there is a plan in place for your child's care can provide peace of mind to parents, especially in situations where they may be facing health issues or other challenges.   3. Legal Protection A standby guardianship agreement provides legal protection for both the parents and the designated standby guardian. It clarifies the roles and responsibilities of the standby guardian and ensures that their authority to make decisions for the child is recognized.   4. Avoids Court Intervention Without a standby guardianship agreement, if something were to happen to the parents, the court would need to intervene to determine who should care for the child. Do you want to leave that decision up to a judge who doesn’t know your family or your child?  Of course not. This process can be time-consuming, costly, and stressful for all involved.   5. Flexibility Standby guardianship agreements can be tailored to meet the specific needs and circumstances of the family. Parents can choose the standby guardian, specify the conditions under which the standby guardianship would take effect, and outline any specific instructions for the care of the child.   How to Create a Standby Guardianship Agreement   Creating a standby guardianship agreement involves several steps:   1. Choose a Standby Guardian Select someone who is willing and able to care for your child if you are unable to do so.   2. Consult an Attorney: It is advisable to seek the advice of an attorney who specializes in family law to help you draft the agreement and ensure that it complies with Pennsylvania state laws.  Fiffik Law Group attorneys can prepare this agreement for a low flat fee.   3. Draft the Agreement The agreement should include details such as the names and addresses of the parents and standby guardian, the conditions under which the standby guardianship would take effect, and any specific instructions for the care of the child.  It isn’t a DIY document.  It needs to comply with the law so its unwise to try and do this yourself.    4. Sign and Notarize the Agreement Both parents must sign the agreement, and it must be notarized to make it legally binding.   5. Keep the Agreement Updated Review the agreement periodically and update it as needed to reflect any changes in circumstances or preferences.   A standby guardianship agreement is a valuable tool for parents to ensure the continuity of care for their child in unforeseen circumstances. Our family attorneys can prepare this document for you.  By taking the time to create a standby guardianship agreement, parents can have peace of mind knowing that their child will be cared for according to their wishes. Contact us today to learn more.