- Why Having a Special Needs Child Sign a Power of Attorney Is Not a Good Idea
March 18, 2025
In a previous blog, I discussed the process of a parent obtaining a guardianship for their special needs child. This blog discusses why it is not a good idea to try to shortcut this process and to simply have your child sign a power of attorney. Unfortunately, I have heard practitioners suggest this approach, and ...
- The Omitted Spouse Claim Against an Estate
March 4, 2025
Despite an intention to add a spouse or domestic partner to their Will, at times a decedent may neglect to do so prior to his/her death. Under such circumstances, however, a surviving spouse or domestic partner may be entitled to a share of the decedent’s estate pursuant to the omitted spouse statute. This statute directly ...
- Elective Share of Surviving Spouse
February 25, 2025
In many instances, spouses execute what is referred to as reciprocal wills. What this means is that each spouse designates the other as the entire beneficiary or the primary beneficiary of their estate under their wills. What happens, however, if a surviving spouse was not provided for under their deceased spouse’s will if they were ...
- Contesting a Will in Pennsylvania: Understanding Your Rights
February 25, 2025
In Pennsylvania, contesting a will is a serious legal action that should not be taken lightly. It can be emotionally challenging, especially if you believe that the will does not reflect the true intentions of the deceased. However, the law in Pennsylvania provides specific grounds and procedures for individuals who wish to contest a will. ...
- A BIG LOTS Chapter 11 Lesson: Caution Needed When Doing Business with Chapter 11 Debtors
February 4, 2025
Vendors, landlords, and other creditors often feel a sense of security when doing business with Chapter 11 debtors. The Bankruptcy Code, and even court orders entered at the outset of a bankruptcy case, seemingly provide a myriad of protections to those engaging in business with a company reorganizing under Chapter 11. Indeed, Chapter 11 debtors often ...
- 4 Lease Auction Tips for Landlords
February 4, 2025
During a retail bankruptcy, commercial landlords often face challenges when their tenants try to maximize the value of the bankrupt estate by holding lease auctions. Despite lease provisions that may restrict or prohibit a lease sale, courts have generally allowed retail debtors to conduct such sales. This is because lease clauses that attempt to limit ...
- Adverse Possession: Policing Your Property Boundaries – Owners Beware
February 4, 2025
Retail, commercial, and industrial property owners need to be diligent about policing their property boundary lines to avoid losing valuable property rights to an encroaching neighbor. The doctrine of adverse possession opens the door for an encroaching neighbor to make a claim of ownership of a neighbor’s property under certain circumstances. Basically, if the neighbor occupies ...
- Structural Integrity and Reserve Law – 1 Year Later
January 28, 2025
We are now a year into the effective date of what is colloquially known as the Structural Integrity Act (Act). The law combines two important obligations condominium associations or cooperatives must now adhere to, inspection of the structure of the building (does not apply to all types of community associations) by a licensed engineer versed ...
- Does Filing a Construction Lien Guarantee Payment?
January 23, 2025
I am often approached by contractors who wish to file a construction lien regarding either a residential or a commercial project. It is not atypical for many of these contractors to believe that filing a lien claim will guarantee the payment of the amount which is due to them. This belief is entirely incorrect, however, ...
- What to Expect After a Car Accident in Philadelphia
January 2, 2025
If you’ve been injured in a car accident caused by another person’s carelessness, your life might feel uncertain and overwhelming. The physical injuries, emotional distress, and financial burden from the crash can seem like a lot to handle. In these difficult moments, it’s important to know that you’re not alone. A compassionate car accident attorney ...