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Family Law & Estate Planning Blog

At McMorrow Law, LLC, in Wexford, Pennsylvania, our attorneys are compassionate, experienced and focused advocates. We use every tool at our disposal to help guide you through the family law process and other legal issues. We take care of today so that you can focus on your better tomorrow.

Women’s unrecognized home labor often leads to divorce

Both spouses in modern marriages typically work. Long gone are the days when husbands were the only ones working. In fact, in many households, the wife may be the higher-earning professional. Despite both spouses working full-time, wives frequently have many more obligations in the family home. There is a presumption...

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Probate in Pennsylvania: Where do I start?

Probate is a legal process that guides the distribution of assets after someone passes away. The process begins in the county where the deceased person resided at the time of their death. The following will discuss the initial steps of probate in Pennsylvania, with information for Allegheny and Montgomery Counties....

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Why is DIY estate planning risky?

Estate planning is vital for everyone, not just the wealthy. It ensures others honor your wishes while providing for your loved ones after you pass. Many people consider do-it-yourself estate planning to save money, but this approach can be risky. Without the right knowledge, you can easily overlook many crucial...

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5 reasons to update your will

Creating a will remains one of the most important financial decisions, yet only about one-third of Americans have taken this crucial step. By having a will, you’ve already made a wise choice to protect your legacy and loved ones. However, simply having a will isn’t enough. You need to keep...

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Divorce also impacts your estate plan

Divorce is a life-altering event that brings about significant changes in various aspects of one’s life. One area often overlooked during this tumultuous time is the impact of divorce on an individual’s estate plan. An estate plan, which includes documents like your will, trust, and power of attorney, is designed...

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Who keeps the house when parents divorce?

If you and your spouse are facing divorce, one of the biggest questions you likely have is “what happens to the family home”. On the one hand, your house is a major financial asset; on the other hand, you and your children may also have a strong emotional attachment to...

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What duties and rights do I have as a guardian?

The process of guardianship administration addresses the needs of a disabled or incapacitated person who can no longer manage essential day-to-day or financial affairs. A potential guardian files a petition to become the caretaker of the estate, the person or both. The guardianship may be permanent or temporary, depending on...

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How not to use social media during divorce

These days, almost everyone has a social media presence. For those going through a divorce, using social media can feel like an outlet, but it can also have a negative impact on the outcome of the legal proceedings. According to researchers, social media use can have a negative impact on...

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What are my options to avoid probate?

Many Pennsylvania residents want to avoid probate with their estate plans. By doing so, they allow loved ones to receive their inheritances without a long, potentially expensive court supervision process. These are some of the key estate planning strategies to bypass probate in the Keystone State.  Establish a living trust...

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When may a person seek annulment of a marriage?

Whereas divorce terminates a marriage, an annulment may outright void a marriage as though it never happened. In contrast to divorce which does not require any specific grounds, seeking an annulment in Pennsylvania is possible with only limited grounds. There is a common misconception that annulment is a religious formality...

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When may a person seek annulment of a marriage?

Whereas divorce terminates a marriage, an annulment may outright void a marriage as though it never happened. In contrast to divorce which does not require any specific grounds, seeking an annulment in Pennsylvania is possible with only limited grounds. There is a common misconception that annulment is a religious formality...

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What are grounds for a Pennsylvania divorce?

Filing for divorce in Pennsylvania requires a few first steps to start the process. The spouse who files for divorce must declare the reason the marriage is ending. Under the law, there are four options from which to choose when filing for divorce. The legal process may vary depending on...

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Challenges that military spouses encounter in a divorce

The military lifestyle involves many challenges that civilians might not always appreciate or understand. Maintaining a healthy relationship while in the military faces difficulties such as frequent moves and lengthy deployments. Marriages and divorces for military personnel often contain specific situations that require an understanding of situations unique to the...

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Is it worth it to contest a will?

Contesting a will means that you question the validity of it. You feel there is something in the will that is not legal or that the creation of the will somehow violates the law. When you contest a will, it occurs during probate. It will stop probate matters because the...

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3 types of adoption

When you decide to adopt a child, you have several options. You can adopt a child from another country, another state or from right here in Pennsylvania. You can have an open adoption, in which you get the opportunity to meet the birth parent(s), or a closed adoption, in which...

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Can bad behavior affect your divorce case?

Contentious divorces are very stressful. You may be unhappy about the circumstances that led to your divorce, and this unhappiness can steadily build into resentment. Your feelings might cause you to treat your former spouse badly, and you may even feel justified in this poor treatment if infidelity or abuse...

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What are the types of custody?

Before you go to court to settle the matter of child custody, it is helpful to understand the different options. The Pennsylvania General Assembly explains there are a few different types of child custody each of which offers varying levels of rights. Legal custody Legal custody is the right to...

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Can a grandparent ask for custody?

Parental separation affects more than just the immediate family unit. Grandparents may find themselves collateral damage during a breakup. The relationship between children and grandparents is meaningful, but it does not outrank the parents. While they may not have the same rights as parents, under Pennsylvania law, grandparents may pursue...

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The 20/20/20 Rule

Marriage to a member of the military in Pennsylvania brings with a number of sacrifices. Your service member spouse often must relocate on short notice, or will sometimes receive assignments that call them away for extended periods. Yet these sacrifices are often offset by the unique benefits you enjoy due...

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How legal separation works in Pennsylvania

Pennsylvania is a state that has no formal process for what is commonly called legal separation. If a couple wants to get a court order to end their marriage, then they have to be eligible for and obtain a divorce. Under Pennsylvania law, a couple can each agree to a...

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What happens if you try to hide assets?

Pennsylvania couples go through many difficulties during divorce. You do not know how your spouse may react in such a tense situation. Sometimes, you do not even know how you will react. A spouse may decide to lash out without thinking it through. An attempt at hiding assets may fall...

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Opening the divorce discussion with children

It is an uncomfortable feeling for people to answer questions about their divorce, especially when they have strong opinions and emotions about their situation. Even more challenging is when parents must inform their children of their decision to separate. Talking with young children presents unique circumstances that require careful navigation...

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What is most important in an executor?

When Pennsylvania residents get started on estate planning, it is somewhat overwhelming. What should you take care of first? Where should you start? Today we will look at these complex questions and the possible answers to them. We will start with picking an executor for your will. This is one...

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Adoption facts prospective parents should know

Anyone who wants to adopt a child should become well-informed about the process and what to expect. It is not a decision prospective parents should take lightly. In Pennsylvania, although anyone may adopt a child, there are a number of prerequisites and expenses, depending on the type of adoption and...

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What should you include in your parenting plan?

With few exceptions, the days when one parent received primary custody of the children during a divorce with the other getting limited visitation time have passed. Rather, the courts and many parents favor arrangements where both parents continue to share in the rights, responsibilities and joys of raising their children....

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Modifying an estate plan in Pennsylvania

Pennsylvania residents often revise their estate plans due to changing family situations or when changes are made to tax laws. Individuals sometimes pass away before they make important changes, but it may still be possible to revise estate plans that no longer serve their intended purpose. Trust documents can include...

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Benefits of filing for divorce

Many couples who are contemplating divorce in Pennsylvania wait until after the holidays to take the first steps. The process of filing for divorce includes speaking to an attorney, filing a complaint and having the other spouse served with the paperwork. In fact, January is the most popular month for...

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How to talk about estate planning goals

For many families in Pennsylvania and throughout the country, it can be difficult to talk about money and mortality. However, by bringing up these topics in a sensitive manner, it can be possible to do so without starting any fights. Adult children who are thinking about discussing the future with...

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Improve estate plans with these simple tips

Music fans in Pennsylvania may remember learning about the estate problems that occurred after the passing of Aretha Franklin and Prince. Neither singer had an estate plan in place, causing legal battles and frustrated family members. Those who have worked hard and planned for retirement also need to make end-of-life...

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How a divorce impacts a person’s business

Most people start out their married life thinking that their love and happiness will last forever. The unfortunate truth is that a sizeable portion of marriages end in divorce. Pennsylvania residents may be interested in seeing how a divorce could impact their small business. When a small business owner gets...

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Planning to move forward after divorce

When couples in Pennsylvania decide to divorce, they may have a difficult time in the immediate period following the separation. It can be challenging to adjust to a newly single life, especially after a longer-term relationship. Since almost half of first marriages end in divorce, it’s wise to think about...

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How to handle a familial adoption in Pennsylvania

When people think of adoption, they often imagine someone taking in a child whom they never met and with whom they have no relationship, which certainly does happen. However, many adoptions that take place in the United States involve people with a pre-existing familial relationship. It is common for grandparents...

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Common myths to ignore when ending a marriage

Couples in Pennsylvania may believe that ending their marriages will make their lives better. While this may be true for some, there are several myths about divorce and separation that couples should disregard. One of the big misconceptions is that child custody or alimony is awarded solely based on a...

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Easy steps for creating an estate plan

Estate planning can be a difficult concept for many people in Pennsylvania and throughout the country. However, it may be easier to create a plan by breaking the process into different steps. The first step is to consider who the beneficiaries of the plan will be. For the most part,...

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How prenups can protect business interests

In previous decades, the stigma of asking for a prenuptial agreement prior to getting married meant that many Pennsylvania couples opted to forgo an agreement. However, prenuptial agreements are becoming more commonplace, especially as couples obtain real estate and financial assets prior to marriage. While most couples do not ever...

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Naming a trust as a beneficiary of an IRA

A common way for Pennsylvania residents to save for retirement is with an individual retirement account (IRA). The potential problem with setting up an IRA is that the account holder could pass away before having the opportunity to take out the money at the appropriate time. One possible solution is...

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Using a trust in Pennsylvania

There are many different reasons to include trusts in an estate plan. These legal documents can be utilized to protect funds from the creditors of recipients and from being split up during a divorce. A trust could also manage and regulate investments and spending so that beneficiaries with faulty judgment...

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Personal loans could pay divorce expenses

On average, an individual going through a divorce will spend about $15,000 in legal fees. A person who is ending a marriage in Pennsylvania or anywhere else may turn to a personal loan to cover that expense. This may be an ideal solution because lenders may allow a person to...

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Protecting heirs from financial responsibility

Many parents expect to give their children or other heirs an inheritance but may be concerned that all the wealth they earned will be squandered by an irresponsible heir. There are several reasons this could happen, including bad financial habits, unhealthy relationships, and addiction issues. For parents in Pennsylvania, there...

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Filing a military divorce

Divorce is a life-changing event with emotional, financial and legal repercussions. Military personnel often serve in demanding roles throughout the world. A divorce is a huge stressor. It can make a difficult situation even more challenging and emotionally draining. If your marriage is past the point of no return, you...

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Misconceptions about estate planning

No Pennsylvania financial plan is complete if it does not include an estate plan. Estate planning is something many adults tend to avoid because it brings on thoughts of death and leaving loved ones behind. There are a number of misconceptions surrounding estate planning that people lean on to avoid...

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Divorce can affect a credit report

Many spouses in Pennsylvania are wary of the financial impact of divorce. Separation could be particularly difficult for couples who have been married a long time or have a significant amount of investments. However, these issues can go far beyond the immediate division of assets at the end of a...

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How to do beneficiary designations right

It isn’t uncommon for Pennsylvania residents to use beneficiary designations for 401(k) or 403(b) assets. Designations can also be used on a variety of other assets, including cars, houses or boats. It is important that these designations are made carefully to avoid negative or unintended estate planning consequences. One common...

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Effective co-parenting after divorce

Divorced and divorcing parents in Pennsylvania are often concerned about the well-being of their children. In most cases, both parents plan to remain involved in their children’s lives. Whether the parents opt for a shared custody arrangement or a more traditional setup, where one parent has primary custody and the...

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About estate planning

Many people in Pennsylvania may find that estate planning can be a stressful process. Estate planning requires that people think about the end of their lives, which can be quite uncomfortable for some. It can also be stressful if the estate owner doesn’t understand the tools available to achieve their...

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What is collaborative divorce?

Litigation can be a long and expensive process for spouses to go through to obtain a divorce. However, some couples may consider the collaborative divorce process instead. Through the collaborative divorce process spouses and their specially trained attorneys negotiate to reach a settlement for divorce issues. For many couples, this...

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Including revocable trusts in estate plans

Pennsylvania residents can use a revocable trust to bolster their estate plans. A revocable trust will continue indefinitely, ensuring the deceased grantor’s wishes regarding the handling an estate are honored. If the grantor is also the trustee of the trust, the provisions should address who should be the successor trustees...

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Moving through the divorce process

When people in Pennsylvania notice long-term problems in their marriage, their thoughts may turn to divorce. While divorce is quite common and around 2 million Americans choose to end their marriages every year, many people know little about how the process actually works. As a result, they may have a...

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Baby Mama Drama

Antonio Brown may need to retract his wishes for wanting to be traded- and the reason has nothing to do with football. Pittsburgh Steeler’s wide receiver recently made headlines stemming from him filing for full custody of his daughter. This legal move comes after the news broke that Brown was...

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Establishing trusts for children

Looking out for their children’s best interests, many parents in Pennsylvania put a sizeable amount of money in a trust that will provide for generations to come. However, these same parents may elect to keep the existence of this trust hidden from their children till they grow up. Parents who...

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How judges make child custody decisions

When parents in Pennsylvania decide to separate, child custody issues can be difficult to overcome. One ex may be concerned that they will lose their close bond with the kids, especially if the other parent maintains primary custody. While joint custody is becoming increasingly more common, there are a number...

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Estate planning for the future

Pennsylvania residents may wonder what’s necessary to include as part of an estate plan. While thinking about the future may be a sensitive issue, it can also be an important means to make life easier for loved ones and ensure that a person’s wishes are carried out. Many people put...

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Dividing the family business during a divorce

Pennsylvania business owners considering divorce may find themselves wondering how they can protect their investment in the enterprise and emerge from the end of the marriage with a fair deal. One of the most important pieces of information that can allow a business to be handled properly in a divorce...

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Estate planning lessons from the Bushes

While many people in Pennsylvania may not expect that they have much in common with George and Barbara Bush, the couple’s passing may lead people to consider some factors that could be important for planning their estates. It is a known phenomenon for long-term, older married couples to pass away...

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3 common living will mistakes

Living wills are an important aspect of estate planning. A living will is a document in which a person specifies what he or she wants to have happen when it comes to medical care in the event he or she loses the ability to make health care decisions. There are...

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Madonna’s Custody Battle Heats Up

From amicable to feisty, the custody battle between Madonna and Guy Ritchie has recently taken a turn after the pair’s 15-year-old son, Rocco, announced that he wishes to remain with Ritchie in London permanently. The ongoing conflict started after Rocco, who was traveling with his New York City based mother...

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Pennsylvania Death Penalty Moratorium

“If the Commonwealth of Pennsylvania is going to take the irrevocable step of executing a human being, its capital sentencing system must be infallible. Pennsylvania’s system is riddled with flaws, making it error prone, expensive, and anything but infallible… If we are to continue to administer the death penalty, we...

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Jodi Arias Dodged the Needle

On March 5, 2015, a jury could not unanimously agree on whether Jodi Arias deserved the death penalty. In May 2013, after a lengthy trial, which included testimony of psychological experts and an unbelievable eighteen days of Defendant testimony, Arias was convicted of the June 2008 murder of her ex-boyfriend,...

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Special Needs & Mental Health Resource Fair

Please join McMorrow Law at Representative Dan Miller’s 2nd Annual Children and Youth Disability and Mental Health Summit on Wednesday March 11th and Thursday March 12th at the Beth El Congregation, 1900 Cochran Road, Pittsburgh, PA 15220. Events are scheduled to begin at 10:00 a.m. on both days. McMorrow Law...

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Ludacris Wins Full Custody of His Daughter

In January 2015, Ludacris was awarded full custody of his 13-month-old daughter, Cai. The award was the result of a long and contentious court battle, during which Cai’s mother, Tamika Fuller, even went so far as trying to use the rapper’s song lyrics against him. However, in the end, Ludacris,...

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March: The “Divorce Month”

It is hard to believe that winter is finally nearing its end and the cold temperatures could soon be a thing of the past. But unfortunately, with the end of the cold winter months comes a surge of something most would consider equally as depressing – divorces. A prior analysis...

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A NEW WAY TO PART WAYS: COLLABORATIVE DIVORCE

Everyone knows someone who has gone through a divorce and most would say it was not a pleasant experience. It does not have to be. What if the spouses, with the assistance of two collaboratively trained lawyers, were empowered to settle their divorce out of court creating an outcome that...

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Divorce Options: Is the Collaborative Process Right for You?

When considering a divorce, there are many factors to consider in making such a big decision. There are several possible approaches for couples entering into divorce proceedings. The “kitchen” table approach is when the parties are able to work everything out themselves without any outside assistance. Mediation allows the parties...

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Annulment versus Divorce in Pennsylvania

Divorce might be easy? Well, when it is difference between an annulment and a divorce, an annulment is much harder to get. There are two categories of marriages for which an annulment may be sought in Pennsylvania. The first are marriages that are void by their existence. The second are...

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Western Pennsylvania Child Custody Procedures

Child custody in Pennsylvania is governed by the same set of laws, compiled in Chapter 53 of the Domestic Relations Code. However, the procedure for enforcing Pennsylvania child custody laws varies county to county. All custody actions are initiated either by the filing of a custody complaint or a petition...

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Dividing Pensions in Equitable Distribution

What happens in equitable distribution if one divorcing spouse has a pension? If one divorcing spouse has a pension, it is usually safe to say that the pension makes up a significant portion of the marital estate. However, a pension is usually one of the most difficult marital assets to...

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The Ins and Outs of Co-Parenting Counseling

The law governing custody gives the court the authority to direct parties engaged in custody litigation to partake in co-parenting counseling. Co-parenting counseling is designed for parents who need assistance in successfully co-parenting their children due to lingering or ongoing hostility or distrust. The goal of co-parenting counseling is to...

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DOMA and Same-Sex Marriage: Love Is The New Law

DOMA and Same-Sex Marriage: Love Is the New Law Just a few days ago, Pennsylvania became the latest state to strike down the ban on same-sex marriage. A federal judge in Philadelphia ruled that Pennsylvania’s Defense of Marriage Act, also known as “DOMA,” was unconstitutional. The Law defined marriage as...

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Divorce: Who stays in the home?

Exclusive Possession of the Marital Residence and Divorce in PA: What to do when your spouse won’t leave Bethenny Frankel’s divorce has been gracing the front pages of the tabloids since she filed last year. Bethenny and her husband, Jason Hoppy, with whom she shares a three-year-old daughter, have continued...

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Major Elder Law Issue: Medicaid v. Medicare

Elder Law issue: Medicare vs. Medicaid: What is the difference? A common issue is Elder Law is medical coverage. Understandably, the difference between Medicare and Medicaid is confusing. The names are remarkably similar, they’re both government funded and run healthcare related programs and many people 65 and older utilize them....

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Guardianships: Transitioning from State to State

Guardianship: Transitioning from State-to-State Recently, the Supreme Court of Alabama became the first state court to publish an opinion on the Uniform Adult Guardianship & Protective Proceedings Jurisdictional Act (“UAGPPJA”). Could they have given it a more complex name? Particularly when the whole purpose of the Act is to simplify...

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Estate Planning Documents: Where Do I Keep Them?

Storing Your Estate Planning Documents One question estate planning attorneys are frequently asked is “Where should I keep my original documents?” Generally, the answer to that question is somewhere in your home that is waterproof, fireproof, and secure, yet easily accessible to your loved ones when they need access to...

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Pennsylvania Child Custody Myths Debunked!

COMMON CHILD CUSTODY MYTHS DEBUNKED Many of our clients come into our office with the same misconceptions relating to custody of their children. Here are some of the most common misconceptions: 1. My ex doesn’t pay child support so I don’t have to let him/her see our kids. This is...

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Pennsylvania DUI & Refusing Chemical Testing

DUI & Refusal of Chemical Testing in Pennsylvania When Lamar Odom was pulled over for a suspected DUI in August, he almost immediately earned himself a one year suspension of his driver’s license. How is this possible when “innocent until proven guilty” is the principle by which our entire criminal...

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Stars Without Prenuptial Agreements & Divorce

Stars Without Prenups and the Divorces that Follow Michael Jordan. Madonna. Tiger Woods. Alec Baldwin. Rupert Murdoch. Mel Gibson. What do all of these individuals have in common? Yes, they are all famous celebrities. Yes, they are all worth millions upon millions of dollars, perhaps even billions. However, what likely...

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Special Needs Guardianships

Special Needs Guardianships: Why you must go to court to get control over your own child Many parents of special needs children are shocked to find out that when their disabled child reaches adulthood, they no longer have a legal right to control or decision-making for their child, medically or...

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Who Needs a Special Needs Trust?

Who needs a Special Needs Trust? Special Needs Trusts provide disabled individuals and their families with a way to protect assets, thereby allowing funds to be used to enhance the disabled individual’s quality of life to the highest extent possible. Who can or should have one of these estate planning...

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What is Elder Law?

“What is Elder Law?” When we tell people that we handle Elder Law cases, most people don’t have a real clear picture of what that means. Many just assume that we only have elderly clients, or that we can handle any case brought to us by an elderly individual. So...

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Marital Misconduct & Divorce: What Does Cheating Get You?

MARITAL MISCONDUCT & DIVORCE IN PENNSYLVANIA – WHAT DOES CHEATING GET YOU? This summer the tabloids saw no shortage of cheating scandals to headline their front pages. From Anthony Weiner’s second “sexting” scandal to Simon Cowell’s pregnant married lover, the nation has watched marriage after marriage fall victim to various...

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Custody & Father’s Rights in Pennsylvania

Custody & Father’s Rights in Pennsylvania Many fathers fighting for custody of their children have the misconception that Pennsylvania courts favor mothers. While it was once the norm for fathers to only have their children every other weekend and for a few hours one night a week, such is no...

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Co-Parenting and Custody: How to Handle It?

Co-parenting and Custody – How to help your children handle a divorce or separation Divorce or separation is often a highly volatile and emotional transition. Many times, couples would like to divide their assets, walk away, and never speak to each other again. However, when these individuals have children in...

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Child Custody During the Holidays in Pennsylvania

HOLIDAYS AND CHILD CUSTODY It is November, which means the holidays are fast approaching. Within a little over a month, many of us will experience Thanksgiving, Hanukkah, Christmas, and/or New Years. These holidays are times for friends, family, food, good times, and of course, child custody fights. That’s right, for...

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Estate Administration: Will Contests

Estate Administration: What’s in a Will Contest Series Something Smells Funny Will Contests – Part One: Lack of Capacity In 2011, 104 year old copper heiress Hugette Clark died, leaving an estate worth approximately 300 million dollars. Ms. Clark’s circumstance was unique, not only because of her outrageous wealth, but...

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Adoption & Custody: The Indian Child Welfare Act

Adoption & Custody: The Indian Child Welfare Act – An Extra Ingredient in Native American Custody and Adoption Cases In 2009, a South Carolina couple, Matt and Melanie Capobianco, arranged a private adoption with the birth mother of a little girl. The Capobiancos traveled to Oklahoma for the birth of...

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Estate Planning & Pennsylvania Inheritance Tax

Estate Planning & Pennsylvania Inheritance Tax would have applied had the late actor, James Gandolfini, died in PA. “There’s an old Italian saying: F— up once, lose two teeth” In an earlier post, we discussed how James Gandolfini (a/k/a “Tony Soprano”) had an estate plan that could stick his beneficiaries...

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George Zimmerman Divorce: A Pennsylvania Perspective

The George Zimmerman Divorce from a Pennsylvania Perspective Shellie Zimmerman, George Zimmerman’s wife, filed for divorce last week in Seminole County, Florida, less than two months after he was acquitted of murder in the death of Trayvon Martin. Ms. Zimmerman says in her divorce complaint that the parties, who married...

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Grandparents Have Custody Rights in Pennsylvania

Grandparents have custody rights in Pennsylvania: good news for some, bad news for others. What does this mean for grandparents or parents? Take a look. Grandparents are considered third parties when seeking custody of their grandchildren. However, grandparents have been granted special status allowing them to pursue legal or physical...

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Factors for Equitable Distribution in Pennsylvania

What factors does the Court consider when determining Equitable Distribution in Pennsylvania? Now that you know what makes up marital property, the next question is: “How will the marital property be divided up between us?” In Pennsylvania, there will not necessarily be an even 50/50 split right down the middle....

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