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It’s not uncommon for landlords and tenants to run into issues over the course of a tenancy, and particularly at the end of a lease. The turn of the new year is one of the most common times for rental issues to arise. A tenant vacating a property sets in motion responsibilities and requirements for both parties and failing to fulfill those duties on the part of one party can cause recriminations from the other, and quite possibly lead to potential legal action. Faced with limited options, many simply sign the first lease that they can find, even if it is not in their best interest. With LegalShield, you could be better equipped the next time you are preparing to enter into a new agreement, whether you are the tenant, or, as a parent, the co-signer for your child’s apartment. Call our attorneys so that we can review your leases and give you critical advice before you sign. Here are five questions to ask the next time you are preparing to rent a new unit: 1. Is there a way out? Most lease agreements do not grant tenants the right to terminate their agreements early. In other words, if you decide that you do not like your place after moving in, you are stuck unless you pay off the remainder of the lease agreement. Be sure to look through the lease and see if there is a “re-let” or “early termination” clause that would allow you to change your mind. 2. Do you trust your roommate? It can be a difficult lesson to learn that a best friend is not the best roommate. Keep in mind that most leases assign “joint and several liability,” meaning each roommate is responsible for the entire amount of the lease. Therefore, if you come to an understanding with your roommate as to how rents and utilities will be split and something happens where one of those payments does not pay, each of you will still be on the hook for the entire amount, and not just your share. 3. Who is responsible for what? While some responsibilities are made apparent from the start, other provisions are in the lease. Who pays for things like lawn work, possible extermination or maintenance? While Pennsylvania law requires landlords to make rental units “habitable,” there is significant gray area. If you need work done, you do not want to be surprised to find that you are responsible to cover the cost. In addition, landlords can keep portions of your security deposit to cover any damages. Make sure to take pictures both when you move in and before you move out. You can also arrange for a walkthrough with the landlord before moving out to avoid deductions. 4. Does your lease automatically renew? When you sign your lease, you can easily pick out its length. However, almost every lease also explains what happens after it ends: it either rolls over into a new lease term or terminates entirely. If you are only planning to stay for one year, make sure to give the required notice to ensure that the lease does not automatically renew. If you miss this deadline, you could get stuck having to pay another year of rent when you no longer want to rent the space. 5. Are you sure that you can follow the house rules? You should familiarize yourself entirely with the landlord’s rules before you move in, and make sure you can plan to abide by them. Many landlords can waive the “Notice to Quit,” which is a posting indicating that you are being evicted. In other words, if the landlord has waived that Notice, and you are in default for non-payment or violating any other term of the lease, the first notice you could get is a letter from the local Magisterial District Judge indicating that you have a hearing to decide whether you will be evicted. Leases can be pages long and can be very difficult to comprehend. Before you sign your name as a tenant or co-signer, be sure to call your LegalShield provider for a complete review and consultation!

The holiday season is a great time to get together with family and friends. For most, this usually involves parties, good food, and some alcohol consumption. While you want your guests to have a good time, it’s also important to make sure they are being safe and responsible. The Centers for Disease Control and Prevention (CDC) reports that 728 people will be injured or killed each day in drunk driving accidents between during the holiday season — two to three times higher than the rest of the year. If you’re hosting a party, be sure you don’t overlook these important tips to prevent drinking and driving and other safety precautions: Have a designated driver. It's one of the simplest rules to follow, but also one of the most effective in keeping people safe on the roads. Keep cab numbers on hand. If someone should not be driving and they insist on going home, call a cab for them instead of allowing them to take the risk of driving home. Offer a variety of non-alcoholic drinks. Provide fun “mocktails” and other non-alcoholic drinks for designated drivers or those who don’t wish to consume alcohol. Provide plenty of food. Drinking on an empty stomach can cause a person to become intoxicated faster. Offering food can help guests drink in moderation and slow down the effects of alcohol. Plan some interactive activities. Busy guests drink less, so keep your guests busy with games that focus on fun conversation and good times for all. Stop serving alcohol altogether about 90 minutes before the party ends. Bars have last calls for a reason - only time sobers an individual who has been drinking. Offer coffee, tea, and a snack to let guests wind down before heading home. COVID Protocols Health risks associated with parties and events aren't new, but they're driven in large part by the new strains of the COVID-19 virus popping up everywhere. While mostly mild in nature, the risk of a breakthrough case is higher than ever, as CDC officials have previously indicated that the case counts in spring were largely underreported. Plus, other variants could pose a greater threat during the cold winter season. Holiday guidance issued by CDC officials stresses the need for vaccines and mask-wearing, especially for those who are unable to receive a shot due to their medical history — namely, young children and elderly individuals. Holiday events are still considered risky because they're multi-generational in nature and adding unvaccinated guests into the mix can complicate the issue, experts say. Per new guidance, those who are best suited to wear a well-fitted mask at indoor holiday events include: Younger children who may not be able to receive full vaccinations in time for the holiday season, despite recent federal clearance. Elderly guests who may be considered immunocompromised but unable to complete vaccination and those who face pre-existing conditions that put them at high risk for severe sickness. Those living in a town or city where local COVID-19 transmission is trending high, as asymptomatic spread (or those who are sick without any symptoms) is still a concern. Ultimately, the systems you put in place to counteract the spread of COVID-19 are your decision to make. Regardless of anyone’s vaccination status or mask-wearing preference, if you have symptoms of Covid or were recently exposed to someone who has it, you should skip the holiday party and get tested. It’s just not worth the risk. If you're involved in any sort of accident this holiday season, it is imperative you speak with a personal injury attorney as soon as possible after the incident. Keep that in mind as you navigate through any of the risks, and be prepared to contact one of our experienced personal injury attorneys today.

“Rocks” is a term used by the Entrepreneurial Operating System (“EOS”) to refer to priorities — the three to seven most important things you must accomplish in the next 90 days. Company Rocks are priorities for the company, departmental Rocks are priorities for your department, and individual Rocks are priorities for you or another individual. There is no magic formula for what constitutes a Rock — it’s simply a priority that will take longer than seven days and up to ninety days to complete. The fourth quarter is a great time to start looking ahead to 2022 but also look back on what you planned to get done in 2021 but haven’t yet accomplished. Here are some suggestions for your consideration. Do your year in review ASAP, rather than wait until December One benefit of doing an early review is that it gives you an opportunity to act on problems, rather than take them into the following year. Consistent issues with an employee, systems, and processes that aren’t working well, or a prospect list that hasn’t been well-nurtured are only a few examples of situations you can remedy now. Make a list of everything you have achieved (or survived!) in 2021 (so far) Entrepreneurs tend to brush their small successes under the carpet since there’s always something more to do. Seeing a list of the things you’ve achieved isn’t just a feel-good thing, it is inspiring and motivating. You’re probably not as far away from the finish line as you believe you are. Review your financials Entrepreneurs who follow their numbers are far more likely to succeed than those who avoid them. Your financial reports will tell you how you’re doing, and you may be able to make some adjustments prior to year-end if necessary. If you are not completely savvy about your financials, now’s a good time to schedule an appointment with your accountant or business consultant. And don’t be embarrassed to ask questions. In my experience, most small business owners need help in this area so you’re not alone. Budget for the New Year Once you’ve looked over your 2021 profits and loss statements, now is the time to start working on a budget for the new year. Look over bank statements, any plays that didn’t produce results, consider cutting back on items, and don’t forget to include a budget for re-investing into your business. Whether that is for marketing, purchasing items, or engaging in business consulting to grow and improve your business. Strategic Planning & Preparation for the New Year If you work with a team, whether internal or external (i.e. consultants, advisors, business coaches), now is the time to meet with them to discuss the future of your business. What are your “big bets” for 2022? What are the tactical plans that you need to accomplish to make your big bets come to fruition? Client and Vendor Appreciation 2021 has been an exceedingly difficult year. If your customers and vendors have stuck with you through these tough times, you’ll certainly want to show them some love. One way to show your clients and vendors appreciation is to send either holiday cards or small gifts. If you’re planning to send out gift items or holiday cards, try to purchase your items as early as possible to have them sent out in time for the holidays. Website & Social Media Audit Do a quick run-through of your website and social media sites. COVID has driven many of your customers home and they are online more than ever. Make it a priority to improve and expand your online presence. Check your existing sites to see if all of your links are working properly. Remove sales and promotions if you’re no longer running the campaigns, any irrelevant comments from the comments section of your blog, don’t forget to remove spam-like comments. Delete any services that you’re no longer offering. If you don’t have much of a social media presence, now is the time to get started and have a content plan for 2022. Contract Review Review contracts to understand contractual obligations with both your vendors and your customers. COVID brought about some unique circumstances.  It’s a good time to reevaluate your contacts to see if things need to be changed or renegotiated. The business attorneys at Fiffik Law Group are available to help business owners with a wide range of issues. Need advice about your business? Contact a member of our business team today. #smallbusinesstips #smallbusinessattorney #entrepreneur #smallbusinessadvice #smallbusiness

Digital Asset Planning – What You Need to Know We live so much of our lives today in a “digital world.” Many of our day-to-day activities are online. We communicate with family and friends, shop, pay bills and work online. No paper, just usernames, and passwords. You may have not thought about it but who can access your online accounts and how will they be managed in the event you become disabled or pass away? Who would even know what assets you have if you only work with them online and never get a paper statement? Having a digital estate plan is now not an option, but a must for everyone. Over 90 percent of Americans don't know what happens to their digital assets when they die, and over half of Baby Boomers with children don't have a will at all. What are Digital Assets? A digital asset can be a wide variety of electronic records and files that are stored online, on mobile devices, or on personal computers. Simply put, almost anything you keep a digital record of is considered a digital asset and something that should be noted in your digital Estate Plan. To clarify further, a digital asset can include any of the following: Email accounts Social media accounts Online bank, credit card, brokerage, retirement plan, credit, loan, insurance and other accounts you access to manage your money and pay your bills Online retailer accounts Online subscription-based accounts Ecommerce or marketplace accounts (i.e. Amazon, eBay, iTunes, etc.) Photos and video sharing sites like YouTube or photos saved on the cloud Cell phone apps Online dating or gaming accounts Online accounts for utilities Loyalty program benefits (i.e. frequent flyer miles, credit card perks, etc.) Any other personal information you store on your computer, cell phone, or tablet Why Should I Care about Digital Assets? What will happen to your social media accounts (e.g. Facebook, Twitter, Instagram) page when you're gone? How about the personal emails you've sent and received? Online photo albums? The files on your laptop? Your PayPal or Venmo accounts? How would your Executor know where you have accounts or how to access them to manage your Estate? Nowadays, our 'real' and digital experiences are so intertwined that it's important to plan for what happens to your online "paper trail." Making an inventory of and creating your digital estate plan (think of it as a Will for your digital assets) will relieve your family members and loved ones from the added stress that arises after a death. When your family can rely on a written plan that outlines the passwords for your digital assets as well as how those assets should be managed, they won’t have to worry about navigating a more extensive probate court process. Consider Appointing a Digital Executor If you have a Will, you’ve named an executor to follow the instructions in your Will about how you want your assets to be managed and distributed after you pass away. A digital executor is someone who can carry out your digital asset plan after you pass away. Your digital executor not only needs to be trustworthy, but also tech-savvy enough to be able to follow through with your instructions, so choose wisely. Think About Instructions for Your Digital Assets Your Will probably lays out the distribution of your financial assets, but what do you want to happen to your Facebook, Twitter, or Instagram profiles? Consider leaving a letter of instruction or a “to-do” list to let your digital executor know, among other things, what they should do with your accounts. Include information such as: Should your digital executor deactivate your Facebook and other social media accounts when you die, or do you want them to set it up as a memorial page? Should your executor to send digital photos you’ve saved in the cloud or sharing site to family members? Do you want to give someone control of any unused iTunes credits you have? Do you want any personal videos uploaded to YouTube for friends and family to see (or taken off of YouTube so they don’t see them)? Do you want your personal emails deleted or retained and given to someone? By creating a digital Estate Plan, you are protecting your online assets from risks like identity theft, hacking, and fraud. You are also giving your family greater peace of mind (as well as access to important information like financial documents and insurance paperwork.) To learn more about estate planning options, or to talk about updating your existing estate plan, contact the experienced estate planning attorneys at Fiffik Law Group for a free, no-obligation consultation appointment. Or get started today by filling out our online Will Questionnaire.

In Pennsylvania all consumers have the ability to choose their electric energy supplier. You might be able to save money or perhaps choose a supplier that sources more “green” energy. If you don’t choose an energy supplier, you will default to the energy supplier in your geographic area. Here are some tips to help you be a smart shopper. Switching Suppliers Won’t Improve Unreliable Service When you choose a company, you are essentially choosing the company that generates your electricity. Since energy suppliers have no way to get electricity into your home, your public utility company will still be your provider because they own all the poles and wires. They will also continue to handle customer service issues and infrastructure upgrades. List of Pennsylvania Electric Suppliers Understand How Electricity Billing Works Your bill is made up of generation charges, transmission charges, distribution charges, customer charges and transition charges. Of these charges, generation charges makes up the majority of your electric bill. This is the charge being billed by the suppliers you choose and the commodity you are shopping for. Each local electric utility has a “price to compare.” The price to compare is the price charged by your local utility for the portion of your service that is open to competition. The price to compare is given in cents per kilowatt hour (kWh). There are basically three charges to your bill. Distribution Charges – Charge for use of local wires, transformers, substations and other equipment used to deliver electricity to households over high voltage transmission lines Transmission Charges – Charge for moving high voltage electricity from the generation plant to the distribution line of an electric distribution company. Generation Charge – Charge for the production of electricity. In addition to these charges, your utility company also bills for the following charges which are unrelated to delivery of energy: State Taxes – Charge or tax by the State of Pennsylvania Customer Charges – A monthly charge to cover cost of billing, meter reading and maintenance. The Pennsylvania Utility Commission allows you to insert your zip code and obtain a list of suppliers and their competitive prices in your area. The list also includes a breakdown of which companies provide green options. 3 Rate Structures You Can Choose From Now, here’s where things can get tricky. The following are pricing options that affect kWh costs. They’re considered standard in the industry. Fixed: This is a locked-in unit price for kWh throughout the term of a contract. If energy prices increase during your contract, your unit price won’t be affected. But if prices drop below the unit price, you’ll end up overpaying. Floating: Also known as a variable rate, this allows a homeowner’s unit cost to rise or fall based on the wholesale value of electricity. Although this may sound like a great deal when prices are low, if the market becomes unpredictable or if prices sky rocket, it can be difficult to manage your home’s energy costs. Hybrid: This is when a percentage of energy use is billed at the fixed rate and the remainder is billed at the floating rate. In this case balance is everything. You could end up with a whopping energy bill if the floating rate goes up and it’s applied to a large percentage of your bill. Contract Summary for Electric Suppliers 7 Questions to Ask Electricity Suppliers Does the price per kWh include sales tax? The prices on the PUC site include the gross sales tax, but if you call companies asking for their price to compare make sure to inquire as to whether or not the quoted price includes the gross sales tax. Is price per kWh a fixed or variable price? Is there a monthly service charge or any other fees? Is there a contract and if so, will the price change once the contract is up? Am I getting a special one-time deal? If so, how long does it last and what happens to the price when it’s over? A number of suppliers offer an introductory rate whose price to compare (PTC) is generally lower than the price at the beginning of the next term. Are there any other discounts and promotions I should know about like referral programs? Is there a fee if I decide to cancel the contract before it expires? Final Words of Wisdom Avoid automatic renewal. You don’t want your contract to renew automatically without your permission. Prior to your contract expiring, you should receive two contract renewal notices from your current supplier. The initial renewal notice should arrive 45-60 days prior to your contract’s expiration date. Additionally, the supplier should provide you with an options notice, which includes certain information including the specific changes to the terms of service being proposed; information on new prices; an explanation of your options and how to exercise those options; the date by which you must exercise one of the options; and the electric distribution company’s price to compare. The options notice should be sent to you no later than 30 days prior to the contract’s expiration date. Read these notices. If you choose to take no action with your renewal and options notices, your rate may change. For example, a fixed rate may change to a monthly variable rate. If you have a variable rate, once the term expires, you may be moved to a different variable rate that could be higher. Ask for Help if You Need it. There are resources available to help you interpret utility supplier contracts and their jargon before you sign to something you may be unfamiliar with. The knowledgeable lawyers at Fiffik Law Group are ready to assist you in your contract needs. Contact them today with any questions you have or to go over your own contracts or agreements. #alternateenergysuppliers #switchingutilitysupplier #alternateenergysupply #utilitychoice #electricshopping #shoppingelectricity #shoppingelectricpennsylvania #compareutilityprices #compareutilityrates #lowerelectricbill #pennsylvaniaelectricsuppliers #pennsylvaniaelectricsupply #pennsylvaniaelectricsupplieres

Staying in a vacation rental can be riskier than staying in a hotel, which is part of the heavily regulated hospitality industry. The fantasy of escaping the impersonal, sanitized trappings of ordinary hotels is appealing, but leaving behind those tightly controlled, often cookie-cutter accommodations sometimes comes with its own risks — horrible hosts, dysfunctional bathrooms, and lots and lots of bugs. And there’s no front desk to call. But a little prep and research ahead of time is going to pay dividends. Vet and verify the host. There have been well-publicized incidents of vacation rentals being owned or hosted by convicted criminals and sex offenders. Some (AirBnB), but not all, of the well-known booking sites conduct background checks of owners for felony convictions or sex-offender registrations. More cities are passing laws requiring owners of vacation rentals to have a criminal background check first. Individuals with verified profiles have shared their Facebook account or provided government-issued identification. Host reviews can reveal a lot about the person you’ll be staying with or renting from. Most states have a searchable sex-offender database. If you’re traveling with children or if you’re alone, you should check the database for the state in which your rental is located. Avoid the phishing scam. This is how it works: you think you’re booking a beach house for the week. You’ve been e-mailing with the owner for months and have even wired her your payment. But when you get there, you discover that the real owner had absolutely no idea you were coming. What happened? Either the owner’s e-mail was effectively hijacked by someone who directed all communication—and payments—to himself. Or the scammer had re-created an otherwise legitimate listing on a competing site, drawing prospective travelers to himself. The best way to avoid getting duped is to do some research on your chosen property and its owner before paying your deposit. Conduct an online search for the owner’s name, the property address, images of the property, and, if possible, who owns the rental website and who pays the property taxes. If you notice any discrepancies, or if you find the same advertising text or photos posted by two different owners, think twice about renting the property, especially if you have been asked to pay the rent in full by wire transfer or a similar method. You should also be wary if the owner asks you to conduct business away from the vacation rental website’s communication system. Scammers try to lure prospective renters away from the official communication platform to fake websites so the renter will not realize that a scam is taking place. Check the URL of any website you are asked to switch to and be especially wary of owners who want to conduct business away from the vacation rental website’s official payment system. Direct all your correspondence through the booking site’s own secure e-mail system and never, ever wire money for a rental. Instead, use the site’s own payment channel when available, or pay with a credit card that offers fraud protection. The bait and switch. So what happens when your dream rental doesn’t live up to expectations? What if it’s downright uninhabitable? Most of the major rental sites offer some sort of guarantee against rental fraud or serious misrepresentation of a property—for example, it doesn’t have as many rooms or bathrooms as advertised, it’s in a different location, or it’s unclean or unsafe. Most sites offer rental protection automatically when you use their payment system; at some you can pay for additional coverage. If a site doesn’t offer any such protection, be cautious. Most travel insurance policies won’t cover you either. The terms, conditions, and payouts for these policies vary from site to site (so read the fine print carefully). But the basic procedure is similar: take photos and contact the owner and the booking site immediately. Simple problems like a broken appliance can often be addressed quickly, especially if you’re renting from a management company with on-site staff. If the situation is more serious, the rental site or agency should help you find alternate accommodation or get you a refund. If you’re in the midst of a vacation rental nightmare or recovering from one, our attorneys can help. We can write a letter or make a phone call on your behalf to unhelpful rental owners or management companies to get you the attention that you deserve. If you are a LegalShield® member, you have an attorney in every state available to help you. You don’t have to take “no” for an answer and you don’t have to settle for “not good enough” when you and your family are experiencing a vacation rental nightmare.

Is probate something that should be avoided? In Pennsylvania, the court-supervised process to determine the deceased person’s assets, take care of their debts, and make distributions to beneficiaries is called “Probate.” Probate allows some very important things to take place making the administration of a deceased person’s estate more orderly. The process begins with validating the Will, notifying potential beneficiaries of the death, and appointing someone (called an “Executor” or “Administrator”) who has authority to collect and sell assets, pay creditors, pay inheritance taxes and distribute assets to beneficiaries. The court is not actively involved in the process unless someone with an interest in the estate asks the court to get involved. Some examples of the court’s involvement include giving the Executor authority to sell assets, providing oversight to Executors or Administrators who are performing their duties with diligence or in accordance with applicable law, and reviewing accountings of the administration of the estate. Some believe that probate is expensive or time-consuming. Neither of these are necessarily true. The filing fees for probate are relatively low in comparison to other states. The length of the probate process is mostly determined by the diligence of the Executor and the ease by which the assets in the estate can be liquidated and distributed. My family member just passed away; is probate necessary? Probate is not always necessary. The types and titling of a deceased person’s assets dictate whether probate is necessary. Assets owned individually by the deceased person go through probate. Examples of these assets include a residence, rental properties, bank and investment accounts, individually owned stocks, and small businesses. Assets that do not need to go through probate include retirement accounts (such as IRAs or 401(k)s) and life insurance policies that list a beneficiary, do not go through the probate process.  Property held in a living trust or funds in a payable-on-death (POD) bank account also transfer without the need of probate.  However, if the deceased person owns property with someone else with no right of survivorship, probate will be necessary. Does having a Will avoid Probate? Having (or not having) a Will does not determine whether probate is necessary. The types of assets that the deceased person owns and how they are owned or titled is the factor that has the most influence on whether probate is necessary. Does Probate increase inheritance taxes? Pennsylvania inheritance tax is technically a tax on the beneficiary’s right to receive a deceased person’s property. It is assessed on most assets, regardless of whether probate is necessary or not. It is assessed against assets that pass pursuant to a Will and the law of intestate succession. Tax is also due on assets that pass by virtue of a beneficiary designation on an account. The amount of tax a beneficiary pays depends on two things: 1) the value of the property they receive and their relationship to the deceased person. Pennsylvania inheritance tax has four rates: 0% on assets passing to a surviving spouse, 4.5% to children and grandchildren. 12% to siblings and 15% to everyone else. Probate can reduce the amount of inheritance tax paid. This is because the probate process usually includes filing an inheritance tax return that lists all of a deceased person’s assets (whether going through probate or not). The Executor will also include the deceased person’s debts and other expenses on the return that serve as deductions, thereby reducing the amount of tax paid. If an inheritance tax return is not filed, each beneficiary who receives assets will be sent an invoice calculating the amount of tax due. This invoice is misleading because many beneficiaries do not understand what deductions are available to reduce the tax bill and pay too much in taxes. How long does the Probate process last? The length of time of the probate process depends on the assets, the capabilities of the Executor or Administrator, and whether there are any disputes. Also, the time can vary based on whether there is a Will, whether the beneficiaries can be easily located. Some assets, such as bank and investment accounts, are relatively simple and easy to administer. Others, such as real estate, small business interests, and certain stocks, are more time-consuming. It takes a good deal of time to prepare real estate for sale, market, and sell it. Small businesses are a particular challenge to sell, especially if the deceased owner did not have a solid succession plan in place. Administering an estate can be confusing and time-consuming for someone who has no experience with it. Some Executors choose to try to handle things on their own (without the assistance of an experienced estate administration attorney or accountant) and consequently struggle to accomplish all of the tasks quickly and efficiently. There’s an inevitable “learning curve” that they must undergo and that always causes things to be delayed.   Sometimes Executors are unmotivated to administer estates for personal reasons. This can lead to significant dissatisfaction and create disputes and dissension with beneficiaries. Disputes with the Executor or among beneficiaries can significantly delay the completion of probate. Family members sometimes hold grudges from long ago hurt feelings and those have a tendency to come out as disputes when a parent’s estate is being administered. Arguments over unwritten promises by a parent or loans or advances received by one family member by a parent are not uncommon. Beneficiaries sometimes feel that an Executor is not treating everyone fairly or is not performing their duties as quickly or as well as expected. If the court is asked to intervene to resolve disputes, the litigation process will delay the completion of the probate. Our probate attorneys help Executors and Administrators close and settle estates as efficiently and quickly as possible. Because we have years of experience with estate matters, clients seek out our services throughout Pennsylvania. Wherever your location, our probate lawyers make the process easy for you.

August is National Black Business Month in America, a time when individuals and businesses recognize Black-owned businesses across the country. The largest subset of People of Color (POC) small business owners in America, Black entrepreneurs are an essential part of our small business economy. This month traces its history back to 2004 when Frederick E. Jordan, an engineering entrepreneur, teamed up with John William Templeton, president and executive editor of scholarly publishing company eAccess Corp to start the yearly event. Jordan felt compelled to highlight and uplift Black business owners like himself after reflecting on the challenges he faced as a new business owner. When Jordan began his firm in San Francisco in 1969 he struggled to get financing. And though today he’s the successful owner of F.E. Jordan Associates Inc., a company that’s done work around the world, he realizes the cards are still stacked against young Black entrepreneurs. Here are 7 amazing facts about black-owned businesses: 1. Being Their Own Boss was the Motivation The majority (36 percent) of Black small business owners decided to go into business for themselves because they were ready to become their own boss. Twenty-four percent wanted to pursue their passion, 17 percent were inspired with a new business idea, and 17 percent were dissatisfied with corporate America. The plurality (42 percent) of Black entrepreneurs are very happy as small business owners. 2. There are nearly 3,000,000 Black-Owned Businesses Black-owned businesses with no employees in the United States increased 19.2% between 2012 and 2017 totaling 2,951,000 Black firms. Businesses with no employees refer to non-employer firms (for example sole-proprietorships, partnerships with no paid employees). 3. Black Business is Big Business Minority-owned businesses bring in $1.3 trillion in annual receipts. 4. The Ladies are Rocking It Out! 36.1% of all Black-owned businesses are owned by women—higher than any other racial group. 5. Black Business Means Jobs Blacks or African Americans owned approximately 124,551 businesses with employees, with about 28.5% (35,547) of these businesses in the Health Care and Social Assistance sector, the highest percentage of any minority group. 6. COVID Pandemic – Adversity to Opportunity In the immediate aftermath of the COVID-19 pandemic, upward of 41% of all Black-owned businesses in America closed their doors for good versus 20% of all active U.S. businesses. After the initial impact of COVID shutdowns was felt, thousands of Black entrepreneurs turned adversity into opportunity by starting businesses of their own. By the end of 2020, there were more new Black-owned businesses proportionate to the total population than at any time in the last quarter-century. On average 380 out of every 100,000 Black adults became new entrepreneurs during the 2020 pandemic, up from 240 in each of the prior two years. 7. Why are there so few Black-owned businesses? It’s true that the numbers should be higher. African Americans make up more than 13% of the U.S. population, but only own 7% of the businesses there. The answer to this question will vary depending on whom you ask, but most agree that racism, discrimination, and predatory lending are all factors because many aspiring Black business owners have been unfairly turned down by banks when applying for small business loans. On average, big banks approve around 60% of loans applied for by white small-business owners, 50% by Latinx small-business owners, and 29% by Black small-business owners. Another factor is that there is a lack of economic and business resources in African American communities. This leads to a lack of education on how to properly start and manage a successful business. Despite the dour news of the racial funding gap, however, there are encouraging signs for the growth of the Black business community. Fiffik Law Group regularly advises black-owned businesses. Our business attorneys help with all aspects of starting, funding, and growing black-owned businesses. Contact us for a consultation about your business.

August marks National Black Business Month, a month in which Black businesses and Black entrepreneurs are recognized and celebrated for their successes, milestones, and historical progress. The past year and a half has disproportionately impacted Black businesses being forced to close during the pandemic, namely because of a lack of access to capital, resulting in a 40 percent drop in Black business ownership. In spite of it all, Black businesses continue to grow and succeed – black businesses and women-owned businesses have persevered despite the setbacks caused by the pandemic. This report shows over sixty percent of black business owners plan to expand the business within a year, while over fifty percent plan to invest in marketing and extra staffing. Still, recognizing, supporting, and celebrating National Black Business Month this year may be more important than ever as Black businesses continue to recover from the economic losses caused by the pandemic. Overall, the most common downfall of black-owned businesses is a lack of access to capital. Many new business owners choose to front the startup with their own cash, a risky venture to say the least. Take a look at these staggering black-owned business statistics: 44% of Black business owners use their own cash to start their venture 58% of Black business owners said their business’s financial health has been “at risk” or “distressed” during the pandemic 37.9% of Black business owners say they have been “discouraged” from apploying for business loans The Answer to Access to Capital – CDFIs A helpful answer to the question concerning a business’s access to capital is the use of CDFIs. Community Development Financial Institutions share a common goal of expanding economic opportunity in low-income communities by providing access to financial products and services for local residents and businesses. Whether it’s the credit union down the street or a nearby small business loan fund, your community may be home to an organization known as a CDFI. CDFis can be banks, credit unions, loan funds, microloan funds, or venture capital providers. CDFIs help families finance their first homes, support community residents starting businesses, and invest in local health centers, schools, or community centers. CDFIs strive to foster economic opportunity and revitalize neighborhoods. There are certified CDFIs scattered through every state. You can find a list of Pennsylvania CDFIs here. If you require any further business services, the business attorney team at Fiffik Law Group is always available to assist you. Reach out if you have any further questions.

The Disabled Beneficiary Someone who is unable to manage their financial affairs or who is eligible for government benefits, such as Medicaid or supplemental security income (“SSI”) benefits would be someone who is a “disabled beneficiary” for purposes of this post. Gifts to disabled beneficiaries demand special attention and focus. The SSI program has strict limits on the amount of income and assets you can have and be eligible for SSI. If you leave an inheritance to or name a disabled beneficiary on a beneficiary form, the asset transferred to the beneficiary could cause them to be in excess of income or asset limits and disqualify them for SSI. The beneficiary would be required to “spend down” the amount of the gift and then reapply for SSI. This wastes your money and causes a delay in the resumption of the beneficiary’s receipt of SSI benefits. In the event a disabled beneficiary does receive assets that could disqualify them, there are ways to avoid the problems. The beneficiary may be able to disclaim the gift or spend the gift on assets that do not “count” for SSI eligibility and thereby reduce the delay in the resumption of the SSI benefit. These rules are very technical and you should consult an attorney experienced in estate planning, elder law, or guardianship matters for assistance. If you leave the disabled beneficiary’s bequest to someone else with the understanding that person will “hold” the money for the beneficiary, this can cause many other problems. The person to whom you entrust the money has no legal obligation to spend the money for the intended beneficiary. Additionally, the bequest is also subject to that person’s debts and liabilities. If a creditor sues and gets a judgment against them, your gift could be at risk. We recommend that special needs or supplemental needs trusts be used to receive and hold any bequest or gift intended for a disabled beneficiary. These trusts have special terms that will not disqualify the disabled beneficiary’s eligibility for SSI or Medicaid. A trustee should be named who has a legal responsibility to spend the money in the trust for only the beneficiary. Administration of the trust is subject to oversight by the local courts in the event of any questions about the trustee’s management of the money. These trusts can be part of a Will or a stand-alone “living” trust that is created and funded before your death. Naming Your Estate as Beneficiary It is almost never a good idea to name your estate as a beneficiary of a life insurance policy, investment account, or qualified plan (for example an IRA, 401(k), qualified annuity). There are several reasons to avoid doing this. Naming your estate as beneficiary will cause those assets to be subject to the Probate process. Your assets that pass through Probate are subject to claims of creditors. You may think that you do not have many creditors but it may not always be that way. Perhaps you pass away with significant unpaid medical bills from a final illness or with debt incurred for something involving a loved one. In addition, many of the costs of Probate are related to the size of your estate. The higher the value of your probate estate, the higher the costs of the administration of your estate. With a little prudence, you can avoid that type of mistake. Naming your estate as the beneficiary of qualified plans can hasten the imposition of income taxes. If you pass those plans on to a spouse or others by naming them individually (or even through certain trusts), the beneficiary can continue to defer the income tax on those assets for a lengthy period of time. Your spouse can delay taking any withdrawals until reaching age 70 1/2 and can take only minimum required distributions thereafter for the balance of his or her lifetime. Children as beneficiaries can spread withdrawals out (and thus defer income taxes) over their life expectancy — perhaps that will be 30-60 years or more! If you name your estate, the income tax cannot be deferred longer than five years. The best course of action for married persons is to name your spouse as beneficiary. You should also list contingent beneficiaries because, in the absence of a named beneficiary, the assets will go to your estate. Avoid naming minors as beneficiaries (see below for more explanation). You can also name trusts as beneficiaries (especially for minors) and still retain most or all of the tax advantages above. Bequests and Gifts to Minors If you are providing for children or grandchildren under 18 years of age, you should never leave them a gift or bequest in their own name. This rule applies not just to bequests in your will but also to listing minors on beneficiary forms for life insurance, investment accounts, and qualified plans (IRA, 401(k), pensions). One significant problem with leaving a bequest to a minor is that the court will require that a guardian be appointed to hold and manage that minor’s bequest until the age of 18. You will not be in control of who the court appoints as the guardian and the proceeding will likely cost between $2,000 and $5,000. Another big problem is that you may not want the minor to have complete control of the bequest at age 18. Perhaps the minor is unable to properly manage a large sum of money at that age. In my practice over 23 years, I cannot recall one person who thought it was a good idea to leave money to an 18-year old. Minors who are disabled and receiving assistance such as social security disability and medicare or Medicaid require even more specialized planning. I’ll address the particular issues involving gifts to persons with disabilities in a separate post. A good way to avoid these problems is to include a trust for minors in your Will. Another is to establish a “living trust” (i.e. a trust that is established and funded during your lifetime). These trusts can receive any bequests to minors from a variety of sources. The trustee can hold and manage the money in accordance with your wishes as expressed in the Will or trust document and distribute the money to the child or grandchild when you deem it appropriate. That might be at age 18, 21, 30, or whenever. The trust can release lump sums of money at different ages. There are lots of possibilities. If you do include a trust in your Will or have a living trust for bequests to minors, it is very important that beneficiary forms for insurance, investment accounts, and qualified plans make specific reference to the trust and that bequest you are leaving be paid to the trustee in the event the recipient has not reached the age you deem appropriate for that person to have control of the gift. Failure to Understand How Your Assets Will Pass Upon Your Death Many people think that their Wills control how and to whom their assets pass upon their death. The reality these days is that many assets pass outside the scope of a Will. For example, assets titled jointly with another person often pass to the surviving joint asset holder. An example is a deed to a house titled to a mother and son with the right of survivorship. If the mother’s Will divides her estate equally between three children, the Will has no bearing on the transfer of the house upon her death. Her share of the house will pass to the son whose name is on the deed and the son will have no obligation to pay his siblings for the house nor will he be required to reduce his share of the mother’s estate passing to him by virtue of the provisions in her Will. Many people have bank accounts, investment accounts, annuities, or life insurance policies that have one or more designated beneficiaries. The beneficiary forms for these types of accounts will control to whom and in what amount the assets in the account pass upon the account holder’s death. In our practice, it is quite common that people do not know how they’ve completed beneficiary forms for their accounts or fail to have all of their children listed on the forms. They typically complete the forms when the accounts are opened based upon circumstances that are present at the time and forget to update the forms when things change. The account owner may misunderstand the meaning of the forms and complete them incorrectly. One thing I have seen many times is someone listing a single person on the forms, the intention being that the person will distribute the owner’s assets according to the Will. This can lead to some unintended consequences, unequal distributions of assets, and even adverse tax consequences. These problems can be avoided by engaging in comprehensive estate planning that takes into consideration all of your assets. The assets should be titled and beneficiary forms completed so that a single plan is effectuated. The Estate Planning team at Fififk Law Group is prepared to answer any further questions you may have about ensuring a secure estate plan for you and your family. If you’d like to speak to an estate planning attorney, check here.

Many have had to experience a loved one’s death and deal with the probate process. An executor is a person named in the Will whose job is to distribute the estate as the loved one intended. They have a duty, called a fiduciary duty, to act in the best interests of the deceased person’s estate. When a loved one dies, we hope that their Will and intentions are being carried out by the executor according to their wishes. It can be a difficult job, but most executors perform it well. There are those executors who do not do the job well, perhaps even engage in misconduct. We’ve represented many heirs who have suspected that an executor is being negligent, fraudulent, or untrustworthy. Here are nine signs that an executor is not doing their job properly and that you need to act: Ignoring the Beneficiaries. Part of the job of an executor is communicating with beneficiaries. Beneficiaries are entitled to certain notices and information. If the executor has not provided you with required probate notices or failed to respond to your requests for information, that’s a red flag that the executor is not doing the job correctly. Neglecting Duties. You would be surprised how often this happens. A person, maybe a sibling or relative, gets appointed as executor and then just does nothing. They refuse to move forward despite requests from beneficiaries to administer the estate. Perhaps they did not hire an attorney and do not know what to do or how to do it. Maybe the executor is not good with details and moving things along. Whatever the reason, an executor who neglects their duties is a problem that needs to be addressed. Missing Important Deadlines. There are several important deadlines for estate administration. Deadlines to send required notices to beneficiaries, for filing disclaimers of interests in the estate, to make an advance payment of inheritance taxes at a discount, filing the inheritance tax return, paying inheritance tax at face value, filing an inventory and status reports. There are many other deadlines. Most beneficiaries are unaware of these deadlines. An experienced estate administration attorney can inform you of the deadlines so that you can assess whether the executor makes or misses them, often costing beneficiaries substantial money. Self-Dealing. Self-dealing occurs when an executor uses their position of trust to act in their own best interest instead of the interest of the estate or the person who signed the will. It’s tempting for executors to sell estate assets to themselves for below-market value. Other examples include using estate assets (such as a vacation property) without paying rent to the estate, using assets to the exclusion of other beneficiaries, using estate money to pay expenses on a property that is devised by the deceased person to the executor. There are many examples of self-dealing. The longer you let this go on, the more difficult it is to undo. Not Hiring an Estate Administration Attorney. Executors are not expected, and often do not, to possess the know-how and skill to settle and estate. Without legal help, executors are almost guaranteed to make mistakes or take longer to settle the estate. The usual excuse is to save money. The cost of an attorney is deductible for inheritance tax purposes (that is, it reduces the amount of tax assessed against the estate) and is shared by all beneficiaries. The impact of an attorney’s fee to anyone beneficiary is minimal. However, the benefits of quicker administration and avoiding costly mistakes due to lack of knowledge is huge. Not Collecting Estate Assets into Estate Account. The executor has a duty to “marshal”—or collect—all the decedent’s assets so the assets can be distributed to the appropriate heirs. One costly mistake that we see is when an executor holds securities through a market downturn. A downturn in the market can cost beneficiaries tens of thousands of dollars. Another common problem is leaving money in an account that has automatic withdraws set up. These withdrawals continue for services that the decedent no longer uses, such as Netflix or other subscription-based services. It is very difficult to recover those charges. Not Safeguarding the Estate Against Identity Theft. Each year identity thieves use the identities of nearly 2.5 million deceased Americans to fraudulently open credit card accounts, apply for loans and get cellphone or other services. It’s called “ghosting” and because it can take six months for financial institutions, credit-reporting bureaus, and the Social Security Administration to receive, share or register death records, the crooks have ample time to rack up charges, costing the estate and its beneficiaries big money. There are steps an executor can take to prevent “ghosting”, but the unknowledgeable or negligent executor can leave an estate exposed to these inheritance-draining claims. Not Following Terms of the Will. Executors must follow the terms of the Will. That’s easier said than done for most executors because Wills often contain legalese or words of art that are difficult for a non-lawyer to decipher. One example includes provisions that pertain to paying inheritance taxes on assets passing in the estate. The decedent may provide for an allocation of inheritances taxes that the executor misunderstands or completely misses. This simple mistake can result in some beneficiaries paying too much tax on their inheritance. Sometimes we see executors who outright do not follow even the clearest provisions in the Will. Those situations require urgent action. Conflicts of Interest. An executor who is also a beneficiary can lead to conflicts of interest and is one of the main reasons that executors find themselves taken to court by beneficiaries. Some examples include 1) an executor who is also a creditor of the estate. Beneficiaries should wonder whether the executor can act fairly or impartially; 2) executor buying assets from the estate. The executor is supposed to get the highest reasonable price when selling assets but as a buyer, the executor would naturally be looking to pay the lowest price; and 3) an executor hiring his or her own company to provide services to the estate. As a vendor, the executor would want to charge high prices. If you are an estate beneficiary who feels the executor is not handling their duties properly, you should not let this problem continue, as losses can keep adding up. You do have options to address the situation. It makes sense to get help from the probate attorneys at Fiffik Law Group. We will examine your individual situation and provide you with personalized service to find the options that work best for you. Contact us today for a free evaluation of your situation before it’s too late.

Can Pennsylvania employers require their employees to take the COVID vaccine? For most employees, the answer is probably “yes”. There is ample precedent for employers mandating vaccines in certain fields, such as flu shots for healthcare workers in hospitals. Indeed, the Occupational Safety and Health Administration (OSHA) in the past has said employers have the right to mandate vaccines. The EEOC has also published guidance stating that federal equal employment opportunity laws do not prevent employers from requiring employees who physically enter the workplace to be vaccinated for COVID-19. There have been several lawsuits by employees challenging employer vaccine mandates. In addition, President Biden issued an executive order directing OSHA to develop an emergency temporary vaccine mandate standard directed at private-sector businesses with 100 or more employees that is estimated to impact over 80 million workers. This has not yet taken effect but workers whose employers might fit within this rule should be prepared. Many of these lawsuits were based upon the COVID-19 vaccines being authorized only under an Emergency Use Authorization (EUA). However, the U.S. Department of Justice (DOJ) has released a memorandum opening that the Food, Drug, and Cosmetic Act (FDCA)—which authorizes a EUA for a vaccine—does not prohibit entities, including employers, from requiring a vaccine even if the vaccine is authorized for emergency use only. Further, one federal district court in Texas dismissed federal and state law claims brought by 117 employees related to their hospital employer’s mandatory vaccine policy. There are additional lawsuits pending. On August 23, 2021, the Food and Drug Administration (FDA) announced full approval for the Pfizer-BioNTech COVID-19 vaccine, which will undercut some arguments made by employees that mandating this vaccine is prohibited. However, state law may prohibit employers from requiring vaccines or prohibit it in certain circumstances. Currently, Pennsylvania does not have such a law. Several states have proposed legislation prohibiting mandatory vaccination policies. Montana currently prohibits employers from discriminating against a person based on the person’s vaccination status. Other states have proposed similar legislation. Again, some of these laws are tied only to vaccinations that have emergency use authorization, which will no longer apply if the FDA grants full authorization to all vaccines. Collective bargaining agreements or employment agreements also may impose additional requirements. Employee Protections At least two federal discrimination laws may provide some protection for employees who oppose taking a vaccine. Under Title VII of the Civil Rights Act of 1964, a sincerely held religious belief against taking a vaccine could serve as the basis for a religious exemption. See December 5, 2012, EEOC Informal Discussion Letter: Title VII: Vaccination Policies and Reasonable Accommodation. Under federal law, sincerely held religious beliefs “include moral or ethical beliefs as to what is right and wrong which are sincerely held with the strength of traditional religious views.” Moreover, the term “religion” includes all aspects of religious observance and practice, as well as belief. But this doesn’t mean that an employee can get a free pass just because they personally or philosophically do not agree with receiving the vaccine. The U.S. Supreme Court has differentiated religious beliefs from those personal beliefs that are “essentially political, sociological, or philosophical.” In addition, under the ADA, the employee could assert that they have some disability that prevents them from taking the vaccine, such as a sensitivity or allergy to something in the vaccine. Even anxiety to taking a vaccine could conceivably constitute such a disability. Not all employers are required to comply with the ADA. Private employers with 15 or more employees, state and local government employers, employment agencies, labor organizations, and joint labor-management committees are “covered entities” for purposes of the ADA. Even if an employer is covered, they can decline a request for accommodation if it would result in undue hardship on the employer or poses a direct threat to the health and safety of others. What Workers Can Do If your employer imposes a vaccine mandate, here are a few of your options: Seek a vaccine exemption or accommodation on medical grounds. Seek a vaccine exemption due to sincerely held religious beliefs Ask for alternative accommodations such as using personal protective equipment, or to transition to remote work. If no accommodation is available, consider asking for an unpaid leave of absence until rules or circumstances change. If your employer has adopted a mandatory COVID vaccine policy, we can help you understand your rights and plan your response. Please contact our knowledgeable team of employment law attorneys today.