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Today’s employees are frequently asked to use their own mobile phones for work. 87% of companies expect their employees to use their personal devices for work purposes and that number is expected to increase. Increasingly, not using your own phone for work seems odd. Using your personal cell phone for work purposes can benefit you in some ways, while it may present challenges in others. Let’s look at a few pros and cons of using your personal cell phone for work. Pros of Using a Personal Cell Phone at Work Cons of Using a Personal Phone for Work Using a personal phone for work isn't ideal for everyone. Some may face challenges involving the following issues: Think Before you Say “Yes” Before you agree to use your personal phone for work, you should ask your employer some questions. Does your employer have a “Bring Your Own Device” (BYOD) policy? If so, you should read it. Will your employer reimburse you for costs relating to your phone? Some employers pay a flat reimbursement rate per month. Try and negotiate that up front. Ask your employer for communication apps so that you do not have to give your personal number out to customers and others. Be very careful about using your device to access confidential company information.

When you pass away, it may be necessary for your family to visit a probate court to claim the inheritance you left behind. If you own a house, car, bank account, investment account or any other possessions you wish to pass on after your death, your family could be in store for a long probate court process. It doesn’t have to be that way. What is probate? While probate isn’t always complex or contentious, it is important to understand the process, particularly if you want your family to have access to your assets with minimal delay and expense after you pass away. In simple terms, probate is the legal process for distributing your property upon your death. When you own an asset, it is generally titled in your name to indicate your legal right of ownership and control. For example, if you own a home, you have a deed that lists you as the owner. If you sell the home while you’re alive, you will sign a deed transferring title from yourself as the seller to the buyer. But if you were deceased, who would have permission to conduct this transfer on your behalf? In Pennsylvania, we call this person your Personal Representative and they are generally named in your Last Will and Testament. Your Personal Representative, often called an “Executor”, will need to submit forms to the Orphans’ Court in a process known as Probate to get permission for the transfer of the deed. This is the only way ownership and control over your assets can be transferred to your family. Without the probate process, nobody can access or control your assets. Why should you avoid probate? Here are some common complaints about probate. 1. Probate can be slow The process typically does not get started until a month or more after your date of death. That’s a month during which your family has no legal access to your assets for their own support or to pay your debts. A month during which bad actors can get into your house and clean it out without anyone having the authority to stop them. Once started, in most cases probate takes at least a year to complete. It involves a series of court-supervised steps, including submitting the will to the court, inventorying and appraising assets, notifying creditors and beneficiaries, filing tax returns and paying taxes, settling outstanding debts, and more. Probate can take months or even years to complete, and until the estate is fully administered, family members may not be able to receive possession of assets and property left behind. For example, if you pass away, your loved ones may not be able to move into your house, renovate it, or sell it until probate is done. 2. Probate can be expensive Costs vary from state to state, but probate generally entails executor and attorney fees, court fees and other administrative expenses, such as appraiser’s fees. Conservatively, fees and costs will be between 5-10% of the value of your assets. For an estate valued at $500,000 (which isn’t difficult if you own a home), fees and costs will likely exceed $25,000. Does that sound like a lot of money? It is. In some cases, these charges can accumulate quickly. If there is a dispute over the will, or conflict among family members or with creditors, litigation may need to occur, which is expensive and can deplete the estate. You’ve worked hard to leave an inheritance for your family, and you want to make sure they are taken care of when you’re gone. When you avoid probate, you can keep your hard-earned assets from being depleted by these unnecessary costs 3. Probate is not private Since probate is a legal proceeding, what goes on in probate court does not stay there. All the material in the probate process goes into the public record. Things in your Will that you’d prefer not be public, such as a broken relationship, secret relationship or family member with substance abuse history, will be made public. The assets that you own, the value of your assets and any messy arguments among your family will be there for everyone to see. How can you avoid probate? Here are 3 ways you can take to avoid probate. 1. Name beneficiaries on all of your accounts Many of your financial accounts allow you to designate a beneficiary who will be payable upon death. This means all the proceeds from your accounts will be given to them rather than going through probate after you pass. Certain accounts are referred to as a “payable on death” accounts while non-retirement investments are known as “transfer on death” accounts and include: Bank accounts Brokerage accounts Life insurance policies 401k plans IRA accounts We like to call this “DIY” estate planning. The do-it-yourself ethos is one we heartily applaud. Most services provided by attorneys are not cheap, so the notion of taking care of certain things on your own to save a few bucks is appealing. But sometimes the DIY route can wind up costing you a lot more in the end. Read: 5 Reasons Why DIY Estate Planning Can be a Big Mistake 2. Co-ownership of property Holding property jointly allows the property to transfer directly to the surviving owner. During your lifetime, you can retitle a property deed to share ownership as joint tenants with a loved one to whom you'd like to pass the ownership to after your death. You can put someone’s name on an account and if they survive you, the money in the account will pass to them without probate. But co-ownership comes with a complex set of issues and pitfalls. Before you add someone to an account or deed, weigh these considerations. Read: Co-Ownership of Property: Think Twice Before You Do It 3. Set up a living revocable trust A great way to avoid probate is to create a trust. A trust outlines what will be done in terms of asset distribution without the courts being involved. While a will distributes your assets and property after your death, a trust allows you to place your assets and property “in trust” while you’re alive so they will not require distribution after your death. You will personally appoint yourself as trustee to manage your trust while you’re alive. If you become disabled, your successor trustee can manage the assets in the trust while you’re alive for your benefit. This avoids complications over powers of attorney or expensive guardianship proceedings. After you pass away, your successor trustee follow your instructions in the trust to manage and distribute your assets to your family. Besides avoiding probate, a trust makes a smart estate planning tool because: A trust is private. Probate records are public court records, which means that anyone can look up how your assets and properties were distributed in a will following your death. None of this information will be publicly available when you create a trust because your beneficiaries will not need to go through the court system. Trusts can be less expensive. Your estate will need to pay for the court fees associated with probate, which can cost anywhere from 5% to 10% of your total estate. You do have to hire a lawyer to set up a trust, but the costs of setting one up are far less than 5-10% of your estate that will not go to your family if you go through probate. Trust assets pass to your family faster. Probate is a process that may require a year or more. Your beneficiaries may need to wait a substantial time to receive what you leave them, which could put them in financial strain. With a trust, as soon as you pass away, your trustee has access and control of your assets in the trust. Your trustee doesn’t need to be appointed by the court to carry out your instructions. Since a trust avoids probate, distributions take only a few weeks instead of several months or years. Let’s talk about what’s right for your family Many people don’t want to think about their death, and understandably so – it can be frustrating, and sad, and even scary to think about your family having to make do without you to provide for them. However, no one is guaranteed tomorrow. If you pass away without planning ahead, you could leave your family in a difficult financial situation, and that’s not the kind of legacy you want to leave behind. Avoiding probate is a time-sensitive matter! The experienced estate planning attorneys Fiffik Law Group can help you get your affairs in order with the least amount of stress and maximum amount of protection possible. Call today to request a free consultation and learn more about how we can serve you!

As of 2023, according to a recent survey of nursing home costs, the average monthly cost of nursing home care in Pennsylvania is over $11,000. If you or a loved one needs nursing home care, it can drain your hard-earned savings very quickly. If your spouse is living at home, these high costs of care can negatively impact their lifestyle and wipe out any inheritance you might want to leave for your family. Planning to take advantage of Medicaid to pay for some or all of your care is important for you to consider. In order to qualify for Medicaid (sometimes referred to as Medical Assistance or Long-Term Care Medical Assistance) financing of long-term care services, an individual must be both medically and financially eligible. Generally, an individual must use most of his own resources and income before Medicaid will help pay for long-term care services. The financial requirements limit the amount of “countable” resources and income that an individual can have and still qualify for Medicaid coverage. Countable resources are the assets that are actually taken into account for Medicaid purposes. There are also non-countable resources, which are not taken into account for Medicaid financial eligibility. First Step: Resource Assessment Before applying for Medicaid, individuals are encouraged to engage in a resource assessment. The purpose of this Resource Assessment Form is to determine how much of a married couple’s total resources may be protected or set aside for the community spouse, and how much, if any, must be spent before the individual in the nursing facility may be eligible for Medical Assistance benefits. Non-Countable (Exempt) Resources In order not to be counted for Medicaid purposes, an asset must either be specifically excluded by statute or otherwise unavailable. If an asset is specifically excluded, it is said to be “non-countable”. Here are examples of “non-countable” assets for eligibility purposes: Primary Residence In general, an applicant’s primary residence is a non-countable (exempt) resource. The exemption of the residence applies so long as the applicant, the applicant’s spouse, or a dependent child lives in the home. Temporary absences from the home for such things as trips and hospitalizations do not affect the exclusion of the home if the applicant intends to return to the home. An absence from the home of more than six (6) months may be an indication that the home is no longer the applicant’s primary residence. However, the home of an institutionalized applicant/recipient that had been used as their principal place of residence before they were institutionalized will be excluded as a resource if the institutionalized applicant/recipient states in writing that it is their intent to return to the home or if the home remains the principal place of residence for their spouse or dependent child. If the person is incapable of providing the information, statements of intent to return from a person with authority to act on behalf of the institutionalized spouse (e.g., an agent under a power of attorney) are acceptable. Dollar Limitation on Home Equity If the applicant is the only person living in the residence, there is now effectively a dollar limitation on the amount of home equity that is excludable. The dollar limitation is $500,000, indexed for inflation, beginning in 2011. However, the dollar limitation on home equity does not apply if the applicant has a spouse, child under age 21, or a child who is blind or disabled who resides in the home. Household Goods and Personal Effects Household goods and personal effects are resources that are not counted (are excluded) for the purpose of determining Medicaid eligibility. Personal effects include, but are not limited to, clothing, jewelry, items of personal care, recreational equipment, musical instruments and hobby items. Motor Vehicle One motor vehicle for an applicant or their spouse is excluded. Other motor vehicles are counted at their equity value. Burial Spaces and Irrevocable Burial Reserves Burial spaces and irrevocable burial reserves are generally excluded resources for determining Medicaid eligibility. Burial spaces for the applicant and their immediate family are excluded. Irrevocable burial reserves are excluded, provided that the funds for the burial reserve are deposited with a financial institution or a funeral director under a written agreement stating that the funds cannot be withdrawn before the death of the named beneficiary. There is a limit on the dollar value of these reserve accounts and they are updated annually. Life Insurance Policies Life insurance owned by the applicant, up to a maximum face value of $1,500 for each insured person, is excluded. If the life insurance of an insured person has a total face value more than $1,500, then only the cash surrender value in excess of $1,000 shall be considered a countable resource to the owner. Property Essential to Self-Support Property (whether real or personal) used in a trade or business by the recipient, as an employee, which is essential to self-support, regardless of value, is excluded. Its Never Too Late to Plan for Medicaid Eligibility We can help you work through your (or your parents’) Medicaid eligibility issues. Ideally, we would do that in advance of a health crisis but life tends to make things complicated. If you have a loved one who has experienced a sudden health event that will likely result in the need to be in nursing care for an extended period of time, we can work with you to quickly convert countable assets into non-countable assets for purposes of Medicaid eligibility. It could save you $11,000 or more per month so don’t delay contacting us for help. Contact us at 412-391-1014 to set up an appointment to get your questions answered and set your mind at ease. It is never too late to implement a plan.

It’s not surprising that one in ten homes are purchased by unmarried couples. People are deferring marriage longer – the average age for a first marriage is 31; up from 26 in 2020. In addition, people have grown more comfortable with the idea of living together before marriage or without intending to get married at all. Among first-time homebuyers, nearly 20% were unmarried couples. Plenty of unwed, later-in-life couples are buying homes together as well. These trends are increasing even though there are no rights or rules to protect unmarried homeowners if they break up or pass away. Buying a home with a partner is risky. Buying a home together may seem like a natural step in a relationship toward marriage. Perhaps it’s about combining finances to make a home more affordable in a market where increasing interest rates and prices are making homes less affordable for single people. Whatever the rationale, couples often overlook the stark reality of what it means to buy a home together: Buying a home may be the biggest single financial investment of your lives You’ll both be legally obligated to pay the mortgage, whether you’re still together; whether you still live in the home Until the mortgage is paid off, it’ll impact your credit score and ability to borrow to purchase a different home (alone or with someone else) What happens if you break up? Moving out of an apartment after a breakup isn’t easy but it’s not very complicated. It’s not as easy to put the obligations of home ownership behind you. Who pays the mortgage? What happens if neither of you can afford to live there? Can you cooperate on home issues after a bad breakup? Consider Sarah’s situation. She and her boyfriend bought a home together, intending to be married in the future. 18 months later, they broke up and Sarah moved back to her hometown with her parents. She originally agreed to continue paying some of the home costs but that sapped her savings, and she couldn’t afford to move out of her parents’ home to another place. Her ex-boyfriend lost his job and couldn’t afford his share of the expenses. The mortgage went into foreclosure and Sarah’s credit score was wrecked for years. Buying When Unmarried – The Right Way When asked, we typically tell unmarried couples that it’s not a good idea to buy a home together. However, if you really want to do it, we have a few suggestions for you to consider. 1. Know your partner’s finances Both partners need to disclose their debts, bills and income to one another. Agree on a budget. Your decision to buy typically depends on both contributing to the home expenses. If something happens and one partner can’t pay the mortgage, both of you could run into some major problems. If one partner gets into debt and can’t pay their creditors, the creditor can sue. A judgment against one partner is a lien on the home and impacts both partners’ rights to the property. 2. Sign a co-habitation agreement When you buy a home with someone to whom you aren’t married, you need to have an agreement about the property. It clearly outlines how you will share expenses and what happens in the event of a break-up. At a minimum, your agreement should address the following issues: How your names will appear on the deed What type and percentage ownership each of you will have How paying the mortgage will be shared How other home expenses will be shared Exit strategy in case of a breakup – who stays, who moves out? What happens if one partner loses a job, can’t afford to pay their share of expenses How you’ll split the sale proceeds It’s best to work with an experienced real estate attorney to create this agreement. The process will force you to get on the same page when it comes to home ownership and get you a better sense of whether making the leap into home ownership with your partner is a good idea or not. 3. Don’t neglect the title and deed The “title” to your home refers to legal ownership of the property. When you buy a home with a spouse, both of your names typically appear on the deed and the ownership passes to the survivor at death. When buying with an unmarried partner, you have many other options: One partner owns the whole property. Only their name will be on the deed. This might be the case if only one of you is the borrower on the mortgage for the property. Both partners own the property with rights of survivorship. If one partner dies, the survivor owns the entire property regardless of what the deceased partner’s will says. Both partners own the property as “tenants in common”. In this arrangement, each of you owns a “share” of the property. You can pass that “share” to someone other than your partner (such as your child; parent). When buying property, if you are not working with a real estate attorney, you may not be informed about these options and take whatever the closing company puts on the deed. That could be a huge mistake. A real estate attorney can help you decide which option is best for you. What if you regret buying a house with a partner? You’re not alone – this is an increasingly common situation to find yourself in. If you do not have a co-habitation agreement, you still have options. If you’ve decided that the relationship isn’t working, before making the break, see if you can get your partner to agree to negotiate and sign a co-habitation agreement. If that’s not possible, you’ll have to negotiate with your partner. If you can’t reach agreement, you can force a “partition” of the property. A partition action is a lawsuit in which a court determines whether a property with multiple owners is to be partitioned or sold. When two or more owners cannot agree on the disposition of the property in question, any of the owners can file a partition action in the appropriate court. Unfortunately, this is a time consuming and messy process with an uncertain outcome. Before you buy, work with us. Our experienced real estate lawyers work with home buyers regularly. Whether you and your partner are first time buyers or an experienced later-in-life couple, we can help you with a closing on your home purchase and prepare a co-habitation agreement that protects and serves both of your interests.

Is it a good idea to mix family and business? In a recent case involving misappropriated funds that Fiffik Law group Partner Matthew Bole handled, it certainly was not. Attorney Bole represented the majority partner of a Pittsburgh-based real estate business involved in an internal dispute. His client’s business partner – a close family member – collected payments from a tenant and failed to turn it over to the business, instead keeping it for personal gain. This partner had directed the tenant to send payments directly to him rather than go through the proper payment channels within the business. When the partner still refused to turn over the funds to the business even after being confronted, the majority partner sought the legal counsel of Fiffik Law Group to try and recover the misappropriated funds for their company’s benefit. When it comes to family, money, and business, not all “family matters” can be handled privately. Attorney Bole filed a lawsuit on the company’s behalf, and the case proceeded to an arbitration hearing, which is a court process designed for swift and efficient resolutions to disputes seeking damages less than $50,000. In the end, Attorney Bole’s client was awarded $14,000, the full amount of misappropriated funds. Although Attorney Bole represented the majority owner in this case, the law allows any member to bring action on behalf of the LLC, regardless of their majority or minority ownership status. The attorneys at Fiffik Law Group are experienced in handling the complex challenges that come along with owning and running a business. We assist business owners at every stage of the business journey. If you are facing challenges with your business or have questions about LLC formation or succession planning, contact us today for a free initial consultation.

The business owner tends to sit firmly at the heart of the strategy, tactics, and structure that defines a small business. As a result of this, the business owner is a central source of advantage (or potentially disadvantage) when executing the operations of the business. Simply put, the success or failure of a small business is inherently tied to the central figure who starts, organizes, and manages it. What happens when the owner of a successful business must go to the hospital for serious surgery? There is the possibility he or she could be out of action for some time. The business could be at a serious disadvantage resulting from the uncertainty that arises when the owner is unavailable, and no contingency plan is in place. A business power of attorney is an important part of avoiding this potentially damaging situation. What is a Power of Attorney? A power of attorney (POA) is a legal document that allows someone, known as the principal, to identify and authorize another person, known as the agent, to take care of legal, medical, and financial matters on their behalf should they be unable to do so themselves. Powers of attorney can confer broad powers on the agent or be more limited and specific. As a business owner, there may be times that you need to get something done on behalf of the company but can't be there yourself because of other responsibilities or plans. A special or limited power of attorney is a document that allows a particular agent to conduct business on your behalf relating a specific and clearly outlined event, such as opening a bank account, settling a lawsuit, or signing a contract. More commonly, however, the power of attorney comes into play when someone becomes incapacitated due to a mental or physical disability. A person may be suffering from dementia or in a coma following an accident, making it impossible for them to take care of important financial matters or make decisions for the business. In such cases, the power of attorney could remain in effect for an extended period, or perhaps permanently. While no one likes to consider a time where they could become incapacitated, having a power of attorney that would take effect should such a situation arise is important because it allows the principal to choose one or more agents that they trust and who have the skills needed to step in and run the business. In Pennsylvania, if someone becomes unable to manage their affairs and they do not have a power of attorney in place, a court may appoint a guardian to handle those business affairs for them – and it may not be the person they would have chosen themselves. How Does a Power of Attorney Work for a Business? A power of attorney for your business is important for the following reasons: Clearly define leadership continuity for your employees. Steady leadership and clear lines of authority are important for any business success. For your employees, its important that they know who is in charge. If there is uncertainty in leadership, it could cause your employees to feel uncertain about their position and future, causing them to look elsewhere for new employment. Finding and retaining talented employees is difficult and expensive for businesses. Having a plan in place will reassure your employees and mitigate the loss of talent. Verify decision-making authority. It is important when signing loans and contracts that the person signing on behalf of the business has the actual authority to bind the company to the agreement being signed. A power of attorney is a clear statement by a business owner that the person acting as your agent has the authority to sign contracts and loans on behalf of the company. Without this clear statement, banks and other potential contracting parties may hesitate or refuse to enter contracts with your business. Avoid losing or jeopardizing time-sensitive business opportunities. Opportunities come along and often require quick decisions to capitalize on them. A recent example was the first round of SBA PPP loans. Business owners had to assess the loan terms and apply quickly. Those that did not lost out on the potential funding. Having a power of attorney in place avoids any disruption in the business’ ability to act upon opportunities when they arise. Conduct transactions with banks and other financial institutions Buy or sell real estate or different types of property File and pay taxes Hire lawyers and need to make decisions for lawsuits Financial powers of attorney are flexible as to when they start and end as well. They may come into effect the minute they're signed, or they may have set start and end dates prescribed by the principal. In many cases, business owners sign financial power of attorneys over to their spouses when they become incapacitated so that they can have someone they trust managing their finances when they're unable to do so themselves. Even if you sign a financial power of attorney to your spouse, many states require you to become incapacitated before the responsibilities of the power of attorney transfer to your spouse. This specificity ensures that you don't have to worry about your spouse taking control of your finances unless you're unable to. Do You Need a Business Power of Attorney? The answer boils down to your business structure and how important it is to have someone at the helm to run it properly. Some questions to ask yourself: If you become incapacitated, how would the day-to-day operations of your business be disrupted? Who would sign checks and make key decisions? If you become incapacitated, do you have someone internally who has the capabilities and whom you trust to take over your business? Is your spouse familiar with your business and capable of running it in your absence? Do you have one or more business partners, and do you trust them to look out for your business interests and make sure that your family continues to benefit from your ownership? How do you think your employees would react to the person most likely to take over running your business in your absence? Will they have confidence in that person? Why a Power of Attorney Isn’t Enough: The Importance of Business Succession Planning Now that we have covered the importance of a business powers of attorney, let us be clear: When it comes to planning for the future of your business, a power of attorney isn’t enough. A power of attorney is, by its very nature, a temporary solution. Whether you goal is to sell, or you plan to pass on your business as part of your estate, it is critical to have a business succession plan in place. Business succession planning is not an event. It is a process, and it starts with thinking through the issues that you will ultimately address in your succession planning documents (which, incidentally, should go together with your estate plan). These issues include things like: Who will own your share of the business? Will it be multiple people (such as your children) or a single individual (such as one child who has shown particular interest in the business)? Who will take on your business responsibilities? How will you address the tax implications associated with transferring ownership of the business? Will the company need to take on new employees in your absence? How will you transfer your intellectual capital? Like executing a power of attorney, when you prepare your business succession plan, it will be important to have open communications with your successors. Make sure that they know the business inside and out. Make sure they know how to access your systems and find all the information that they will need to hit the ground running. Finally, and perhaps most importantly, make sure they understand your vision and can run the business the way you want it to be run. The experienced business and estate planning attorneys at Fiffik Law Group can help you review your business and personal situation to help you make the right decision for you for a business power of attorney and succession plan.

Auto accident victims deserve to be compensated for their pain and suffering so they have the financial freedom to recover and readjust. Fiffik Law Group Partner Matthew Bole represented an Allegheny County auto accident victim seeking compensation for injuries sustained in a collision. This was no ordinary claim, however – his client opted for limited tort coverage in her auto insurance policy, a decision that comes with certain limitations on her ability to recover damages. Limited tort is an option where policyholders pay less for their auto insurance premiums but relinquish certain rights, particularly the ability to seek compensation for pain and suffering, except under specific circumstances such as serious impairment of bodily function. Attorney Bole’s client suffered from a severe concussion with extreme light sensitivity and other debilitating symptoms, impacting her daily life at work and home. Proving the gravity of a concussion is particularly subjective – it isn’t as black and white as a broken arm, for example – making the feat of overcoming limited tort even more difficult. Nevertheless, Attorney Bole expertly built and presented the case with enough convincing evidence that resulted in an outcome nothing short of remarkable – an arbitration award of $42,000. This significant victory will help his client recover and rebuild her life after her accident. Exceptions like this to limited tort are rare. If you are considering limit tort coverage, we strongly advise you to carefully weigh your auto insurance options as it may not be the wisest choice. Contact Fiffik Law Group for a thorough review of your auto insurance policy – we’ll explain the implications of your selections and provide guidance so you avoid any pitfalls. For those seeking representation in an auto accident case or other related legal matters, Fiffik Law Group is here for you. Our track record of success speaks for itself. Contact us today for a free initial consultation.

Philadelphia Estate Planning and Elder Law attorney Kevin Frankel, Esquire, joins Fiffik Law Group as Partner, strengthening our Estate Planning Practice & Philadelphia-Area Presence Kevin Frankel joined Fiffik Law Group as Of Counsel in 2022, contributing to the establishment of a physical office in the Philadelphia area. This addition enabled the firm to expand their Estate & Trust practice and introduce an elder law practice. As of July 1, 2023, Mr. Frankel will transition to the role of minority Partner, taking on the leadership of the Estate & Trust Department, including matters related to elder law. This strategic move aims to enhance and reinforce Fiffik Law Group's overall practice. “We are thrilled to have Kevin join as Partner,” Michael Fiffik, Managing Partner of Fiffik Law Group said. “Kevin’s vast experience and deep understanding of estate planning have been invaluable to our clients and our firm since he joined as Of Counsel. Elevating him to Partner recognizes his significant contributions and underscores our commitment to expanding our presence in the Philadelphia area.” Mr. Frankel and Mr. Fiffik have been hosting complimentary monthly webinars and live events in Pittsburgh, Philadelphia, and Harrisburg on topics related to estate planning. They plan to continue and expand their educational outreach. “I am honored to become a Partner at Fiffik Law Group,” Mr. Frankel said. “Working with the firm has been incredibly rewarding, and I am excited to contribute to its continued success.” Prior to joining Fiffik Law Group, Mr. Frankel operated his own practice, Frankel Estate Planning & Elder Law, LLC. Mr. Frankel is a member of the National Academy of Elder Law Attorneys (NAELA) and The Pennsylvania Association of Elder Law Attorneys (PA ELA). He is a member of the Bar in Pennsylvania and New Jersey.

It is no secret that Covid-19 hit the food service industry particularly hard. Although we are now largely “back to normal,” many restaurant owners are still dealing with the financial ramifications of pandemic-era restrictions. Recently, Fiffik Law Group Partner Matthew Bole achieved a significant victory for his client, a North Hills restaurant owner being sued for unpaid rent. The landlord of the commercial building sought eviction and monetary damages, prompting litigation. Through effective negotiations and rigorous defense during discovery, Attorney Bole saved his client $60,000 and allowed his restaurant to continue operating in its space. The dispute centered around an interim agreement made during the Covid-19 era when many restaurants faced financial hardships. Miscommunication, unprofessionalism, and faulty payment systems added confusion and complexity to an already delicate case. To avoid a trial, Attorney Bole was able to reach a settlement with the landlord. Attorney Bole negotiated to incorporate old agreements into the deal and addressed his client’s concerns about the landlord’s inaccurate accounting. If you are dealing with commercial landlord-tenant issues, our legal team is here to help. Our attorneys have extensive experience in representing both landlords and tenants in lease disputes and negotiations. Contact us today for a free initial consultation.

When a client calls our office with a potential car accident claim, one of the first questions we’ll ask is whether that person had full tort or limited tort insurance coverage at the time of the accident. Most of the time, the response is “I don’t know” or “what’s the difference?” The difference can be significant. Insurance providers are required to provide consumers with a choice between full tort coverage and limited tort coverage. Insurance companies love to promote limited tort car insurance in Pennsylvania because those sales are a very, very good deal—for them. For the consumer, the value of the deal is questionable. Limited tort coverage is almost always cheaper and, because of that cost savings, can appear to be an appealing choice. Who doesn’t like to save money, right? That’s the problem – most of the sales pitch is focused on reducing premiums. Not enough time is devoted to explaining that it results in less protection for you your family. If you own or drive a car in Pennsylvania, you must have insurance coverage. The law even tells you the minimum insurance coverage you’re required to buy: Drivers must carry liability insurance worth at least $15,000 for one individual and $30,000 for all individuals hurt in an accident. Car owners must carry at least $5,000 in coverage for car accident related medical expenses. Of course, you are free to buy more than these minimum policies, or to invest in other forms of insurance protection. We generally advise buying significantly more than the minimum requirements as well as obtaining coverage against accidents caused by uninsured and underinsured drivers. When you have decided the level of insurance coverage that fits your budget and your peace of mind, the next question to address is whether you will buy full tort or limited tort insurance. The difference between limited and full tort coverage is that limited tort coverage permits you to only recover out of pocket medical bills, wage loss, automobile repair costs, and other actual monetary loss. And all of that assumes that the person who caused your injuries has purchased more than the minimum insurance coverage required by law. Your damages will likely exceed that amount of insurance. The severity and cost of auto accidents has steadily gone up over the last decade, outpacing the rate of inflation significantly. When you elect to have limited tort coverage, this election applies to everyone in your household, including your children. You give up their rights and your right to pursue compensation for non-economic losses, such as pain and suffering, disfigurement, changes in the quality of your life or relationship with your significant other, inability to enjoy hobbies or recreation, and other losses that can’t easily be expressed in terms of money, even where you are not at fault. There is a limited exception to this general rule that permits you to recover these damages if your injuries are deemed “serious.” Serious injuries however, are not always clearly defined or proven. Certainly, if you require lifesaving treatment following an accident, those injuries would be serious and allow full recovery for pain and suffering. The problem is that in the majority of cases, the line that differentiates a serious injury from that of a non-serious injury is less clear. If you elect full tort coverage, on the other hand, regardless of the extent of the injury, there are no self-imposed limits on your rights, so long as the accident was not your fault. You are not forced to first demonstrate that you sustained a serious injury from the accident before you can recover all of your financial losses. This is very important because what may initially seem like a non-serious back injury, may over time continue to cause inconvenience, annoyance, and pain which may have a significant impact on your daily life. These ongoing problems may affect your ability to maintain a home, fully perform your job functions, and other similar issues for which you would not be able to recover if you had limited tort coverage. It’s true that limited tort insurance is cheaper. On average, the premiums for limited tort coverage are about 15 to 20 percent cheaper than comparable full tort coverage. Insurance agents like to hype the savings, too, because their companies are happy to sell as many limited tort policies as possible. Because Pennsylvania is a no-fault auto insurance state, the primary source of coverage after a car accident is your own insurance; thus, the insurance company gets significant savings on every claim that is filed under a limited tort policy rather than a full tort policy. Of course, you have the mirror image of that perspective: with limited tort, you’re saving a little bit in monthly premiums, but you’re going to sacrifice thousands of dollars in a potential claim for you or your children if ever hurt in an accident. At that point, all the “savings” you have accrued in reduced premiums are wiped away by a single car crash. The bottom line is, if you want to be sure that you have preserved your right to pursue the full extent of your damages in a personal injury claim, you must make an election for full tort coverage. Our auto accident injury lawyers deal with questions about limited tort insurance on a daily basis. We have been highly successful in helping clients with limited tort car insurance get the maximum available compensation for their claims. If you have a question or if you need help after a Pennsylvania motor vehicle accident, contact us to schedule a free, confidential case review.

A trust is a document that you create that allows you to transfer ownership of your assets to a trustee, who will manage them on behalf of your heirs. Unlike a will, a living trust takes effect immediately, and you can revoke or amend it anytime during your lifetime. A “Living Trust” is one type of trust. Trusts can be arranged in many ways and can specify exactly how and when the assets pass to the beneficiaries. Basic Types of Trusts Testamentary Outlined in a will and created through the will after the death, with funds subject to probate and transfer taxes; often continues to be subject to probate court supervision thereafter Revocable (“Living”) Trust Also known as a living trust, a revocable trust can help assets pass outside of probate, yet allows you to retain control of the assets during your (the grantor's) lifetime. It is flexible and can be dissolved at any time, should your circumstances or intentions change. A revocable trust typically becomes irrevocable upon the death of the grantor. Asset Protection Trust An asset protection trust holds an individual's assets with the purpose of shielding them from creditors, including nursing homes and long term care providers. They also prevent the home from disqualifying the individual for Medicaid and protects the home from being sold to pay for long-term care. Asset protection trusts offer the strongest protection you can find from creditors, lawsuits, or any judgments against your estate. Life Insurance Trust Irrevocable trust designed to exclude life insurance proceeds from the deceased’s taxable estate while providing liquidity to the estate and/or the trusts' beneficiaries Charitable Trust Allows certain benefits to go to a charity and the remainder to your beneficiaries OR Allows you to receive an income stream for a defined period of time and stipulate that any remainder go to a charity Common Benefits of Trusts One big benefit is that assets in a trust avoid the probate process. Probate is a court-supervised process of validating your will, appointing an executor to administer your estate and transferring ownership of your assets to your beneficiaries. If it sounds complicated, that’s because it is. As a result, probate often takes at least a year to complete and can be quite expensive with high court and attorneys fees. Since assets in a trust avoid probate, your beneficiaries may gain access to these assets more quickly than they might to assets that are transferred using a will. Additionally, your family will save time, court fees, and potentially reduce estate taxes as well. Other benefits of trusts include: Control of your wealth. You can specify the terms of a trust precisely, controlling when and to whom distributions may be made. You may also, for example, set up a revocable trust so that the trust assets remain accessible to you during your lifetime while designating to whom the remaining assets will pass thereafter, even when there are complex situations such as children from more than one marriage. Protection of your legacy. A properly constructed trust can help protect your estate from your heirs' creditors or from beneficiaries who may not be adept at money management. Privacy and probate savings. Probate is a matter of public record; a trust may allow assets to pass outside of probate and remain private, in addition to possibly reducing the amount lost to court fees and taxes in the process. Revocable vs. irrevocable There are many types of trusts; a major distinction between them is whether they are revocable or irrevocable. Revocable Trust Also known as a living trust, a revocable trust can help assets pass outside of probate, yet allows you to retain control of the assets during your (the grantor's) lifetime. It is flexible and can be dissolved at any time, should your circumstances or intentions change. A revocable trust typically becomes irrevocable upon the death of the grantor. You can name yourself trustee (or co-trustee) and retain ownership and control over the trust, its terms and assets during your lifetime, but make provisions for a successor trustee to manage them in the event of your incapacity or death. Although a revocable trust may help avoid probate, it is usually still subject to estate taxes. It also means that during your lifetime, it is treated like any other asset you own. Irrevocable Trust An irrevocable trust typically transfers your assets out of your (the grantor's) estate and potentially out of the reach of estate taxes and probate, but cannot be altered by the grantor after it has been executed. Therefore, once you establish the trust, you will lose control over the assets and you cannot change any terms or decide to dissolve the trust. An irrevocable trust is generally preferred over a revocable trust if your primary aim is to reduce the amount subject to estate taxes by effectively removing the trust assets from your estate. Also, since the assets have been transferred to the trust, you are relieved of the tax liability on the income generated by the trust assets (although distributions will typically have income tax consequences). It may also be protected in the event of a legal judgment against you. Deciding on a Trust Choosing and creating a trust can be a complex process; the guidance of an attorney with estate planning expertise is highly recommended. If you are interested in speaking with one of our estate planning and elder law attorneys, contact us here or call us at 412-391-1014 to schedule an appointment. Want to know more about trusts? Join us for our next Trusts 101 webinar where we discuss trusts in more depth.

A recent two-day trial pitted the late Queen of Soul's children against each other in a battle over two handwritten versions of the singer's final wishes. Franklin, a fiercely private woman, was said to have resisted writing a formal will despite years of ill health. Oh Aretha, it didn’t have to be this way. The two handwritten wills at the center of a years-long legal battle over Aretha Franklin’s estimated $6 million estate were barely legible — with crossed-out words and scribblings in the margins — but had to be deciphered by jurors at trial. One version was found in a locked cabinet in her home and the competing document was found under the seat cushions of her couch. All the pages contained notes in the margins, crossed-out words and were messily written. What a tall task it was for the jury to decipher all of that. Aretha gives us all good advice about estate planning in her famous song “Think!” "You better think (think) Think about what you're trying to do to me Think (think, think) Let your mind go, let yourself be free" 1. Don’t Leave a Mess for Your Family Your family is the most important thing in your life. I’m certain Ms. Franklin felt that way. Her failure to plan pitted her family against one another in an expensive and traumatic court proceeding. The wounds will never heal. Estate planning is taking care of your family. If you do not take the time to get your estate plan in good order, is that consistent with your feelings about your family? Of course not. Think! Make it a priority to get your estate planning done. The Mess You Leave Behind: Real stories of messy family situations caused by a lack of estate planning. 2. DIY Estate Planning is a Bad Idea A handwritten Will is barely better than no Will at all. In virtually every instance, a court proceeding will be necessary to validate the document. It may not be admitted to probate at all because you failed to do something necessary to make it valid as a Will. Probate is already a long and expensive process. Why do something that would make it take even longer and be more expensive? You work hard for your money and you love your family. Why roll the dice on a handwritten Will? Think! Only a Chain of Fools does this. 5 Reasons Why DIY Estate Planning Can be a Big Mistake 3. No Will = the Government’s Will for your Family Without a Will, you’re choosing to let the government decide how to divide your assets. Its your right as an American to decide how your assets will be divided. When you have no Will, you’re “waiving” that right in favor of the government’s Will, called the law of intestate succession. Do you trust the government to take care of your family? Of course not. Do you have any idea what the government’s Will says? You don’t. You might be VERY surprised about who gets what and when. That’s not the kind of surprise I like – how about you? Think! Get your Will done. What Happens Without a Will Think! Get Your Will Started Today Ms. Franklin’s family situation is something that can be easily avoided by getting your estate planning DONE. We make it easy. DON'T WAIT. Get the process started today. In the meantime, I Say a Little Prayer for Aretha’s family.