Less than one month after Anne Heche died, it’s been revealed that the actress didn’t have a will. According to recently filed court documents, the 53-year-old star’s eldest son, Homer Laffoon, has filed paperwork to be put in charge of his late mother’s estate. “The Estate consists of two (2) intestate heirs—Homer Heche Laffoon and Atlas Heche Tupper. Homer Heche Laffoon is an adult and the proposed Administrator. Atlas Heche Tupper is a minor,” the documents read. “Filed concurrently with this petition is a Petition for Appointment of Guardian ad Litem for the minor, which specifically requests that the guardian ad litem be granted the authority to waive bond on behalf of the minor.” What This Means for Heche’s Children Ms. Heche “waived” her right to dictate to whom, when and in what proportions her hard-earned assets will be distributed following her tragic and untimely death. In doing so, she’s relying on the government’s will, also called the law of intestate succession, to take care of her family. Would you trust the government’s will to do right by your family? Of course not. Here's What Would Happen to You If this was your situation in Pennsylvania, here are a few of the host of issues that would ensue: The court will decide who will administer her estate. Is a 20-year-old capable and ready to administer a multi-million-dollar estate? It’s a huge responsibility. Does he have the discernment and judgment to deal with some of the unscrupulous people who prey on the unwary in Hollywood? The court may not agree to appoint her son as the administrator. The court could appoint an independent person for the job, at a very high cost to her estate, leaving less of her estate to her children. Its possible that Anne’s ex, James Tupper, may oppose Homer’s application. Tupper might even petition to be appointed himself as the administrator of the estate. Would you be happy if your ex ended up administering your estate? For most people, the answer is probably not. Do her children know what assets she owns? So many people have accounts that are online only. It’s possible that her son will be totally unaware of digital accounts that Heche owns. Download our Free Estate Organizer Her 13-year-old son Atlas cannot receive his inheritance directly because he’s a minor. A judge will decide who will receive and hold his inheritance until he turns at least 18. Anne does not get to decide who will manage her son’s money. It will probably not be Atlas’ father. The person appointed by the court will surely charge fees to administer the money, leaving less for Atlas Heche to inherit. Atlas stands to inherit millions when he turns 18. Will he be mature enough to manage all that money? Had Heche prepared a simple will, she could have deferred his receipt of his inheritance until he was older and mature enough to manage that kind of money. Without a will, she waived her ability to manage and control her children’s’ access to her wealth. Estate Planning for Families with Children Her children will divide her estate evenly. Is that what she would have done? In some families, there are good reasons for an uneven distribution of an estate, especially when there are large age-gaps between the oldest and youngest. Did Heche leave any instructions for how she wants her image and digital assets to be handled after death? What happens to her social media accounts, digital files on her computer, phone and cloud accounts? Precious information about Heche could be lost forever because she did not leave instructions for how to access and how to handle these accounts after she died. None of us knows when our time will come. But we can be ready for that time. You have the right – and privilege – to plan your estate. You work hard for your money, and you love your family. It makes sense to make it a priority to get your estate planning completed. Do not trust the government’s will to take care of your family. It will not work out how you might think. We make it easy to protect your family. We prepare thousands of estate plans every year and our experienced estate planning attorneys are ready to help you too. Get started online today. In ten minutes, you’ll be on your way to getting this very important task completed. Check Out Our Series on What Happens When You Die Without a Will

By: Ashley E. Rundell, Esquire, Fiffik Law Group, P.C., Associate Attorney Since the beginning of time, there have been countless misconceptions about what prenuptial agreements are and who should get one. When one partner requests a prenuptial agreement prior to marriage, the other may see this as offensive or a lack of trust. Other people may not think they are wealthy enough for a prenuptial agreement to be a necessity. Increases in second marriages and the trend of delaying marriage have caused couples to take a second look at prenuptial agreements as important asset protection and estate planning tools. Contrary to these popular beliefs, prenuptial agreements are for everyone, and I recommend one to almost every client looking to get married soon. There are a wide variety of benefits to a prenuptial agreement that make it a good move for any couple. As a family law attorney who often represents clients is extremely contentious divorces, many people I work with often wish they had a prenuptial agreement to avoid the fighting over asset and debt distribution. Having an agreement prior to marriage can avoid arguments and make the divorce process much faster – and cheaper! In addition, upon marriage, someone can easily become liable for a significant amount of debt acquired by their spouse. However, a prenuptial agreement clarifies the financial rights and responsibilities for both spouses, including whether individual debts are kept separate. The most important reason I recommend a prenuptial agreement to every couple is to avoid allowing the state laws to determine how property is divided upon divorce or death. For example, in Pennsylvania, all property acquired during the marriage or pre-marital property that gained value during that time will be equitable (or otherwise evenly) distributed between the parties. This could include the marital residence, student loans, and retirement accounts that the parties may not have initially wanted to be split. Having a prenuptial agreement allows couple to make these decisions for themselves. For these reasons, it is important to have an attorney who can ensure your prenuptial agreement is clear, understandable and protects you in the event of divorce or death. Contact Fiffik Law Group to get yours started today.

Influencer marketing has exploded the last few years. So too have the plethora of articles and videos about how to start and succeed as an social media influencer. Influencer marketing is a business and like any business, has its legalities. These are not discussed nearly as much as other topics. However, legal issues are just as important with influencer marketing as they are with everything else. In this article, I hope to help shed light on one of the more important legal aspects of influencer marketing: the influencer contract. Find out what is it, why its important and the key terms that should grab your attention. Here are the top six legal issues to be concerned with in an influencer agreement. 1. Scope of Work The first priority will always be the scope of work. For the benefit of both sides, the contract should detail the work to be performed and its purpose. Is the influencer being hired for content creation? Collaboration? Brand ambassadorship? Attendance at an event and visibility? Participation in a larger advertising campaign? Companies should specify how their brand will be seen by the influencer’s audience. This can include granular details such as if the content needs to be uploaded with a specific hashtag or mention. This clear work description avoids scope creep for the influencer and ensures all parties are on the same page. Influencer agreements these days are primarily about content creation. The contract should specify what the content is – whether it's a video, article, Tweet, blog post, live stream, photo shoot, etc. Often, it's several of these things. The contract should also specify when and where these discrete projects should be completed, uploaded, and/or shared, and whether the company has any control over the final product (e.g., rights over editing, approval, unposting). Brands may want to pre-approve content before its posted for the length of the contract or for a period of time until both parties are comfortable. 2. Copyright/Intellectual Property Rights The contract should specify who owns what – the company owns the product or service, but who owns the content? Sometimes the influencer owns the content, and the company gets the rights to use it for a certain period of time. More often the company owns the content (as a “work for hire”), and the influencer gets the rights to use it as part of their portfolio. It will depend on the parties themselves and the nature of the project. 3. Employee or Independent Contractor Misclassification of workers opens a huge liability door to companies. They can be on the hook for unpaid overtime, payroll taxes and penalties. There has been quite a bit of litigation during the last few years over whether a worker is classified as an “employee” vs. an “independent contractor.” Influencers should expect to be classified as independent contractors. From the influencer’s perspective this means you’ll pay more taxes on your wages because the brand is not sharing the tax burden as they do when they pay someone as an “employee.” Influencers can provide a wide variety of services, some of which could run afoul of classification laws resulting in wage payment and labor law penalties in many states. While there's no bright line test, generally the more control exerted over the influencer, the higher the risk that paying them as an independent contractor might get a brand in trouble with the IRS or Department of Labor. For example, providing equipment, renting props, and securing a location for the influencer's video shoot, dictating what a Twitter post says verbatim, or retaining approval rights and/or editing the social media content before it goes live are all different ways that control can be exerted. 4. Access to Influencer Digital Accounts and Data Brands that use influencers will also want to pay attention to key performance indicators (KPIs) – e.g., conversion rates, reach and awareness, referral traffic, audience growth, engagement, etc. Some brands want the influencer’s social media login information so that they can see what notifications are being generated by the content. Other access requirements include Google Analytics, social media analytics, screenshots, and anything else that can help measure campaign success. This makes sense, right? Brands are only going to pay you if you’re effective. Companies may want to consider contractual terms that grant them access to the influencer data so that these KPIs can be reviewed. It also might be wise to include the parties' obligations with respect to influencer marketing platforms (e.g., CreatorIQ, Mavrck, GRIN, Popular Pays, etc.). Influencers should work to segregate anything they want to be confidential and person from sites or computers to which Brands will have access. That often means using one set of devices for your influencer work and other devices for personal matters. If you care about your privacy, you should work to keep your personal stuff personal and your influencer stuff strictly business. 5. FTC Guidelines The Federal Trade Commission (FTC) has a number of rules governing advertising messages to consumers. The FTC is concerned about endorsements that are made on behalf of a sponsoring advertiser. For example, an endorsement would be covered by the FTC rules if an advertiser – or someone working for an advertiser – pays you or gives you something of value to mention a product. If you receive free products or other perks with the expectation that you’ll promote or discuss the advertiser’s products in your blog, you’re covered. Influencers who are part of network marketing programs, where they sign up to receive free product samples in exchange for writing about them, also are covered. What NOT To Do: 1st don’t forget to mention business relationships. 2nd but don’t obscure that disclosure. 3rd, don’t assume that people know about your relationships. (people you know who work for companies whose products you’re promoting) What TO Do: Make sure that you disclose everything Only endorse things that you have worked with yourself Engage exclusively with products and services that you can honestly recommend. Check out the FTC Guidelines for Influencers 6. Compensation Influencers who do not pay special attention to the compensation terms may end up with buyers remorse for a bad contract. Timing and frequency of payments are key terms. When will the brand be paying or sending products to the influencer. Some brands choose to work with different currencies. Make sure that compensation will be paid in dollars, euros or whatever you can fairly evaluate from a value standpoint. Get Legal Advice Whether you’re just starting your influencer business or you’re a veteran, its wise to work with an attorney about all of the legalities for your business. Make sure you legal team reviews your contracts and helps you negotiate with brands. Setting expectations at the outset of the brand relationship is vitally important to success.

To celebrate National Black Business Month, we asked our team, LegalShield members, and clients to tell us about their favorite Black-owned businesses in Pennsylvania. One of the businesses that came highly recommended is Trustworthy Piercing Gallery, owned by Pittsburgh native, Ciara Harris. Trustworthy Piercing Gallery offers body piercing, teeth whitening, and teeth gem installation services. Piercings may be Ciara’s most popular service, but teeth gems are her real niche. She performs a wide variety of services tailored to each client’s preferences, while always ensuring that they feel comfortable and confident. Ciara started out working in a tattoo parlor as a piercer. As she mastered her skills and grew in popularity, she decided to go out on her own. 10 years of experience later, she officially debuted her own company, Trustworthy Piercing Gallery. Ciara and her growing team of beauticians and piercers currently handle about 30 clients per week. In addition to piercings and teeth gems, they also offer facials, waxing, and makeup services. It would be difficult to find a business that offers the wide variety of services that Trustworthy Piercing Gallery can provide! Trustworthy Piercing Gallery is located at 2201 Ardmore Blvd, Unit 4 in Pittsburgh, Pennsylvania. It is currently open Tuesday through Saturday from 1:30 p.m. until 6:00 p.m. but will be extending operating hours soon. Appointments can be made online through the Trustworthy Piercing Gallery website or by phone at 412-318-5566. Check out our extended list of Black-owned businesses across Pennsylvania here. Please consider supporting one or more of these businesses online or in your area. Keep an eye on our social media and blog for full profiles on more of the businesses on this list.

To celebrate National Black Business Month, we asked our team, LegalShield members, and clients to tell us about their favorite Black-owned businesses in Pennsylvania. One of the businesses that Fiffik Law Group has personal experience with is Herring Seminars & Consulting, owned by Dr. Christine Herring and Dr. Chuck Herring. Herring Seminars & Consulting offers personalized diversity, equity, and inclusion (DEI) solutions to organizations so that they may build diverse and inclusive workspaces. “We want to create a world where a company’s ability to cultivate a diverse workspace, one that is welcoming of all people, is valued just as much as its ability to earn revenue.” -Herring Seminars & Consulting Vision Statement Herring Seminars & Consulting believes that a safe and inviting workplace leads to better worker retention, talent recruitment, and team communication. Christine has always been passionate about DEI work. From an early age and throughout her academic and professional careers, she has often been the only Black individual in the spaces she has occupied. She has always made it her mission to leave these spaces better than she found them for other people who looked like her. This inherent responsibility is what catapulted her into DEI work, and what ultimately inspired Herring Seminars & Consulting. “If you change the way you look at things, the things you look at will change,” Christine says. Christine began her career working in a school to build a DEI team. She recruited people from each level of the school to work with her, learn with her, and collaborate on a collective purpose. Christine noticed that many people, especially when it comes to DEI work, talk a lot about what they are going to do, but then they are slow to action. With her team, she ensured that they immediately put their plans into action. No matter how results-oriented a team may be, however, Christine knows that that there is no overnight fix. In order to build relationships, you have to invest time. “We work to improve DEI one conversation at a time,” Christine says. Christine built and grew DEI teams that flourished in schools. She moved on to accept numerous teaching and leadership positions, all the while receiving increasing requests for her services at outside organizations. As much as she cherished being a child educator, she knew that she could make a greater impact by expanding her work to a wider audience. But after 20 years of experience, it was a difficult decision for her to leave the classroom. What finally motivated her to go out on her own was an insight from her daughter: “Why are you hiding in the classroom when you could touch so many more lives if you left?” Since 2019, Herring Seminars & Consulting has officially been Christine’s primary focus. She and her husband, Chuck, hope to continue to grow and touch as many organizations as possible – and they have already touched Fiffik Law Group. Recently, Chuck presented at our Juneteenth-inspired continuing legal education and training event. “I’ve known Dr. Herring for 20 years and a more positive, inspirational person you will not meet,” Mike Fiffik said. “Dr. Herring and Herring Seminars & Consulting gets my highest recommendation – have him in to speak with your group. It’ll be a positive and memorable experience.” Herring Seminars recognizes that every organization’s starting point is different, and every organization’s journey is unique. They are committed to meeting each company wherever they are and offer a helping hand in navigating the complex world of DEI. “Everyone is lifting at different rates, but the key is that everyone is doing the lifting and leaning into the work,” Christine says. Learn more about Herring Seminars & Consulting on their website where you can schedule a 30-minute call to learn more about their offerings. Check out our extended list of Black-owned businesses across Pennsylvania here. Please consider supporting one or more of these businesses online or in your area. Keep an eye on our social media and blog for full profiles on more Black-owned businesses.

To celebrate National Black Business Month, we asked our team, LegalShield members, and clients to tell us about their favorite Black-owned businesses in Pennsylvania. One of the businesses that was referred by one of our LegalShield members is Reecies Soaps, owned by Reece Turner. Reece Turner is a Westchester, Pennsylvania high school student who suffered from severe eczema. Eczema is a condition that causes dry, itchy, and inflamed skin. She and her parents sought out countless different medicines and products to give her skin some relief, but it was to no avail – everything seemed to just worsen her condition. Instead of giving up hope, Reece decided to research and make her own soap to treat her eczema, and it worked! After that, she decided to use her gift to help others, and thus, Reecies Soaps was formed. Every time Reece hears feedback that her products helped someone else cure their eczema, it reaffirms the importance of what she is doing. Reece has broadened from soaps to all different kinds of products – lotions, lip balms, sprays, and more. Although everything she sells are for all skin types, she takes pride in how she got started. “My favorite product is the Coconut and Olive Oil soap bar because it was the first soap I created, and it is the one that helped me through my eczema,” Reece says. Reece uses basic, natural ingredients in her soaps that are best for your skin. Unlike mass produced soaps, Reecies Soaps only have about a one-year shelf life because they are made without any harsh chemicals and preservatives. While chemicals and preservatives make other soaps “last,” they also make them much worse for your skin and overall health. In addition to running her business and being a full-time student, Reece plays high school basketball and track. She balances her busy schedule by processing and mailing her soap orders after school and only keeping shop hours on the weekends. Moving forward, Reece hopes to expand her business to multiple shop locations and work with other local and online retailers to carry her products. Reece’s talent and drive is something to aspire to – she knows how much continuous work and motivation it takes to make one’s dream of a reality. She lives by her favorite quote: “Follow your heart, but take your brain with you.” -Alfred Adler Reecies Soaps offers seasonal products and scents, such as pumpkin spice for fall. Bulk orders for events like baby shower gifts, wedding favors, and more are also available and customizable. You can even join Reecies Soap Club, a subscription where you will be automatically sent three soap bars per month for $16.95 or six soap bars per month for $34.95. Check out everything Reecies Soaps has to offer on Reece’s website. Check out our extended list of Black-owned businesses across Pennsylvania here. Please consider supporting one or more of these businesses online or in your area. Keep an eye on our social media and blog for full profiles on more Black-owned businesses.

By: Ashley E. Rundell, Esquire, Associate Attorney, Fiffik Law Group, P.C. In Pennsylvania, if you have been arrested and charged with driving under the influence of drugs or alcohol (“DUI”), it can have significant consequences. If you are convicted of a DUI, you face suspension of your driver’s license, substantial fines, and possible jailtime. The costs associated with a DUI conviction vary substantially based on a wide variety of factors, including blood alcohol content (“BAC”), number of previous DUI offenses, and the severity of any injuries or other damages. Of the approximately 50,000 people arrested with DUI-related crimes in Pennsylvania each year, many will find themselves in big trouble with the court. The Pennsylvania Crimes Code allows for significant penalties for convictions in DUI cases, ranging from a simple $300 fine with brief probation up to five years in jail, with a $10,000 fine and 18-months suspension of your driver’s license. DUI Penalties in Pennsylvania: In most instances, retaining an attorney can greatly reduce the possible consequences that follow a DUI-related arrest or even to avoid a conviction altogether. By hiring an experienced attorney with Fiffik Law Group, P.C., you will have an effective advocate every step of the way after being charged with a DUI.

By: Ashley E. Rundell, Esquire, Associate Attorney, Fiffik Law Group, P.C. When someone is charged with driving under the influence of drugs or alcohol (“DUI”), especially for the first time, there is always uncertainty regarding how the charge could affect them in the future. The Accelerated Rehabilitative Disposition (“ARD”) Program, available in all Pennsylvania counties, allow offenders charged with a DUI to enter a probationary program to greatly reduce the impact and consequences of the charge. Instead of being found guilty and faced the requisite consequences, ARD programs allow offenders to avoid a conviction and complete a set of requirements with no jail time or significant license suspension. These requirements include a period of probation, payment of court fees and restitution (if any), Alcohol Highway Safety School, a drug and alcohol evaluation, and a license suspension of about 30-90 days depending on the charge. To be accepted into the ARD program in any county, the local District Attorney must first find you eligible and then a judge must accept you into the program. As there are some restrictions to eligible, it is important to discuss with an experienced criminal defense attorney about the circumstances surrounding your pending charges. If you are eligible, the attorney can work with you to ensure all requirements of the program are satisfied. The ARD program allows for a fresh start, as the criminal record will be expunged upon completion of all requirements. To discuss whether your case may be eligible for ARD, contact our attorneys today.

If you have a critical illness or pass away, who will run your business? If you don’t have a plan for this scenario, you’re exposing your business and family to serious financial risk. If you’re involved in a serious accident or suffer a sudden illness, this is a scenario that could prove disastrous and push your business into rapid decline because there is no one ready to take charge of the day-to-day operations of your business. Your business could lose hundreds of thousands of dollars in value while your family tries to pick up the pieces if the worst happens. This was what happened to a local business owner named Bill, who died suddenly this past spring. He owned a small plumbing business. While a great business person and family man, he had one fault: he was a procrastinator. Bill wasn’t in the best of health and had experienced a few warning signs in the couple of years prior to his death. When I discussed his estate and succession plan with him, he insisted he had it handled. He was to let me see the plan, but kept putting that off. In short, he didn’t have a plan. I did not know this until after he passed away. The ensuing weeks of grieving by his friends and family were constantly interrupted by customers, employees, and vendors who needed attention. It was also an immense amount of work to transfer his business to a new owner. Luckily friends and colleagues stepped in to help, but in the end, the estate received only a fraction of what the business was worth. While he had taken care of his family well, they lost potentially hundreds of thousands of dollars in value of the business, which could have been prevented with a plan. Bill never would have wanted it to happen that way. I am sure you don’t either. Most small businesses share a common trait – they rely on one person, usually the owner, to operate at peak efficiency. Other than your home, your business is likely your most valuable asset. You and your family rely on it for short-term income and long-term equity. It’s critically important to preserve its value. One very important way to do that is to have a continuity plan. If you go down, your plan needs to answer three key questions: who, what, and how. Who Who is going to run your business when you’re not around? Someone needs to be in charge so your business runs without missing a beat. It should be someone you trust, who has the know-how and can make decisions. Maybe that’s someone on your staff now or a member of your family. If you look around and that person isn’t there – you should go and recruit that person. It’s very important to identify someone who is unambiguously in charger for your employees. It’s especially important for banks especially to write checks, draw on lines of credit, use credit cards. Access to cash is key. Action step – the best way to answer the “Who” in your plan is to have a business power of attorney. Identify the person who will take over, a backup person, and outline what they can and cannot do. What What are the essential “nitty gritty” bits of information that your designee needs to run the business? Information that only you have that is used regularly to run the business? Examples include usernames/passwords for bank accounts, your website, bookkeeping software, ordering software. Checkbook. Credit cards. Banking information. Key contacts – names, phone numbers and email addresses. Action step – write these things down; make them available to your designee. Put in a shareable file that only you and your designee can access. Consider using business password keeper software. How You’re probably the only person who knows how all aspects of your business functions. Most employees know their role and little else. You know all the roles and responsibilities. You know the intangible stuff that someone who doesn’t know but tries to run your business calls the learning curve. What are the processes and procedures that only you know? Pass that know-how onto your designee. Help avoid their mistakes. The steeper the learning curve, the more value your business loses. Action step – write down key processes and procedures. Prioritize spending time training your designee. Your business is one of your most valuable assets. It’s important to you and your family. Having a continuity plan is a great way to protect its value. That plan should identify who will run your business if you’re not around, provide what information is critical to running your business and explain how your business actually functions. The experienced business attorneys at Fiffik Law Group can prepare a business power of attorney and help you with an estate plan that is tailored for your small business and family. Contact us today for a free consult.

Your loved one has been diagnosed with a debilitating condition or has been disabled from a sudden stroke. Along with the devastating news, the doctor recommends that they be placed in a nursing home. You have no idea what this will cost, let alone how you will pay for it. In short order, you learn that Medicare will not pay, especially for the long-term. You’ve heard of Medicaid but have no idea whether you qualify or even how to apply. To make matters worse, everyone you talk to is giving you a different answer. You don’t need to deal with this situation alone. You need to discuss the Medicaid planning and application process with an experienced elder law attorney. An elder law attorney will have the necessary skills and contacts required to help you address the important issues, create a strategy, engage and direct the required healthcare staff, and work with you to protect your assets and get the Medicaid application approved by your state Medicaid agency. How Expensive is Nursing Home Care? Very expensive. Families are often surprised to learn that the average price of nursing home care in Pennsylvania can cost between $8,000-$13,000 per month. The cost can wipe out a family’s life savings very quickly. Consider the situation of this family: A spouse relayed a conversation she had with the Director of Social Services for the nursing home where her husband was admitted. The Director explained to her that because they had $500,000 in retirement savings, she needed to pay the nursing home privately (“spend down”) until they had no more than $25,000 in savings. She was further advised that only then would her husband be eligible for Medicaid. Sadly, the nursing home did not inform her about the options available for accelerate her husband’s eligibility for Medicaid or how to protect more of her assets. This is often because the nursing home makes more money from private pay than Medicaid or may be unfamiliar with all the planning options available. Does Medicare Cover Nursing Home Costs? Unfortunately, no. Many people are under the impression that Medicare will cover all the expenses for nursing home care. That is not the case. The most Medicare will cover is the first 100 days and this will not be the full amount, even if you are eligible at all. So Where Does Medicaid Come In? For most people, Medicaid only becomes an option after Medicare benefits are exhausted. But what many people don’t realize is that Medicaid benefits are not automatic. In fact, to receive Medicaid, a patient and the patient’s spouse (if married) must first “spend down” their “countable” assets. In Pennsylvania that limit is $2,400 for a single person, but gets more complex for married couples. There also are categories of assets that will be automatically exempt for purposes of qualification. Your IRA and retirement assets are not automatically exempt. Is it Too Late to Protect Assets? Not at all. But you should act quickly and don’t try to transfer assets away without sound legal advice. When a single individual (no spouse, divorced or widowed) needs to enter a nursing home for long term care, and they have assets that are significantly greater than the amount permitted for Medicaid nursing home eligibility, the implementation of a Medicaid crisis plan is often the most logical and financially prudent option available. In the simplest of terms, a crisis plan is a plan when, immediately prior to the filing of a Medicaid nursing home application, the patient’s assets are retitled or transferred. There are legal strategies that allow a person who needs long-term care to divest themselves of some of their assets and use the rest to pay for their care until Medicaid eligibility is met. Those assets can be used to pay for a spouse still at home or as a legacy for children and grandchildren. Timing is critical.  The sooner you act, the sooner Medicaid eligibility can be established.  Delays can be costly. Don’t Go it Alone The best time to prepare for unexpected nursing home costs is before you need them. But if you or a loved one have found yourselves facing a crisis requiring immediate long-term care and have questions about whether you can qualify to receive Medicaid benefits, you need to contact an experienced estate planning and Medicaid planning lawyer. The compassionate Pennsylvania Medicaid planning attorneys at Fiffik Law Group have the experience necessary to be your trusted advisors through every season and change of life. Our Pennsylvania estate planning and Medicaid planning lawyers are well-versed in today’s Medicaid and estate planning laws needed to protect your income, assets, and your family’s financial future. To schedule your confidential appointment, call us at 412-391-1014 or contact us online today. We have offices conveniently located in the Pittsburgh and Philadelphia metro areas, and can come to your home if you can’t come to our office.

Our series of posts presenting real-life situations about the consequences of dying without a will. Preparing your will is not expensive and is a great way to protect your family. Please take the time to have your will prepared. Situation 2: Naming Minors As Beneficiaries To Your Estate Its not uncommon for parents to leave assets to their children or for grandparents to grandkids. Special care is needed when those beneficiaries might be under 18 years old. Here is why – and this is a big one – under Pennsylvania law, minors are not permitted to own property. Consider Helen’s story. She had ten grandchildren and named them as beneficiaries of her individual retirement account (“IRA”). Many of her grandchildren were under age 18 when she died. The first problem facing Helen’s family was that a court proceeding was necessary to have a guardian of the estate of the minor grandchildren appointed to hold the IRA money left to them. This resulted in considerable expense and delayed distribution of the accounts until the proceedings were completed. Further complicating matters was that Helen’s sister, (who did not have the best relationship with the grandchildren’s’ parents) petitioned the Court to be appointed Guardian of the Estate for the minor children. In Pennsylvania, the court seldom appoints the surviving parent as the Guardian of the Estate of the children. (Note: Guardian of the Estate differs from Guardian of your children, i.e. the person designated to care and raise them). That caused a considerable stir in the family. The final straw was that the grandchildren’s money had to be placed into a sequestered bank account earning less than 1% interest. In the succeeding years, the guardian needed some of that money to pay for the grandchildren’s expenses and was forced to request the money from the Court every year to get the money out of the account. Court costs and legal fees further drained the accounts. Everything that was left was distributed to each grandchild when they turned 18. There are not too many parents for whom I’ve prepared wills who want their children to receive all their inheritance at 18. They usually delay distribution until at least age 21 or even later. These problems can all be easily avoided by including a testamentary trust in your will.  You can specify a person, someone that you know and trust, to serve as the trustee for all bequests to minors, whether those bequests are in your will or in a beneficiary designation on an account (such as Helen’s IRA, a life insurance policy or other account).  You can identify how the money in the trust can be used and spent for the beneficiary while in the trust and give your trustee the power to spend the money without first having to seek court permission.  Finally, you can delay distribution of the money until the beneficiary reaches an age of your choosing.  The difficulties experienced by Helen’s family can be easily avoided by preparing your will. DON'T WAIT. Get the process started today.

Fiffik Law Group represents both landlords and tenants, but in this case, it was a tenant who needed our help. A King of Prussia, Pennsylvania woman, who rented a single-family home with her elementary school-aged son, was being harassed by her landlord about alleged landscaping issues on the property. In most cases, landscaping is the landlord’s responsibility. Some leases, like our client’s, require the tenant to be responsible for normal maintenance, which includes things like cutting the grass and trimming the bushes. This woman’s landlord, however, was demanding she pay for landscaping well out of the scope of “normal” to the tune of $20,000. Despite the client explaining that redoing the entire yard was not her responsibility under the lease, the landlord ignored her protests and sent landscapers to begin work that she planned to bill to our client. When the woman complained about the landscapers showing up unannounced (which is illegal – at least 24-hour notice is required unless the maintenance is an emergency) and still refused to pay, the landlord sent a threatening email telling her that the lease was terminated, and she needed to get out immediately. Not only did he have no grounds to evict her, but evictions are never immediate – Pennsylvania’s Landlord/Tenant Act outlines the legal process landlords must go through to evict a tenant, no matter the reason for the eviction. Pennsylvania’s Eviction Process: 1. Landlord must provide the tenant with a written eviction notice.* Eviction for non-payment of rent: 10 days Eviction for other reason: 15 days 2. Landlord must file a Landlord Tenant Complaint to the Magisterial District Judge. The judge's office will schedule a hearing in 7 to 15 days from the date the complaint is filed. At the heading, the landlord may ask for possession of the property and money for rent or damages. The judge makes their decision either at the hearing or within three business day of the hearing. 3. Landlord must get an Order of Possession from the Magisterial District Judge. The landlord must wait 10 days from the date the judgment is entered to get the Order of Possession. The Order of Possession tells the tenant the day by which they must move out, which cannot be less than 10 days from the day the Order is issued. 4. The tenant must move out by the date listed on the Order of Possession. If the tenant does not move by the specified date, then they will be forcibly removed by law enforcement. *Written leases can change the notice requirements. You may not want to sign the lease if it requires you to waive your right to notice under the Landlord/Tenant Act. Never sign a lease before you (and preferably an attorney) carefully evaluate it. Call Fiffik Law Group to review your lease, answer your questions, and suggest any changes we feel will be beneficial to you. Not wanting to fall victim to her landlord’s threats and intimidation, this woman called her Fiffik Law Group LegalShield provider attorney, Adie Kurtanich. Attorney Kurtanich wrote a letter to the landlord outlining Pennsylvania law, insisting that she drop the landscaping demands, and warning her not to retaliate. Upon receiving the letter, the landlord agreed not to pursue the issue further. “This landlord clearly was trying to bully my client out in order to make more money, no matter what the lease or law said,” Attorney Kurtanich said. The relationship between Attorney Kurtanich’ s client and the landlord remained icy but avoiding an unlawful bill for $20,000 and an eviction was an undeniable win for the client. It should not have taken a letter from an attorney for the woman to be treated fairly by her landlord, but unfortunately, there are always going to be people who will try to take advantage of others. In cases like these, you need experienced legal representation to advocate for you and ensure your rights are protected. Fiffik Law Group's mission is to provide access to justice for all. If you are interested in becoming a LegalShield member, learn more here. Contact us today for a free initial consultation.