REAL ESTATE:

1.  Q.  My spouse recently died.  Do I need to change my deed if he/she was on it with me?

    A.  No.  There is no reason to do a new deed if your spouse died, unless you wish to add someone else's name to your title, such as a child.

2.  Q.  When I buy real estate, should I have the title examined?

    A.  Yes.  Unless you are really certain that there are no liens or title defects in the title history, you should have the title examined.  An example would be if you take title from a close relative who you trust.  Even then, possibly the relative doesn't know of the title problem.  If you invest in real estate, invest the extra money and have the title checked by a real estate attorney.

3.  Q.  What does a title examination cost?

    A.  There is a cost formula depending on the sale price, but we charge on average between $500 and $1,000.  You have our guarantee that the title is clear if we do the work.  

4.    Q.  Should I have a lawyer represent me in the sale or purchase of real estate?

    A.  We have handled thousands of real estate closings over the 50 years of our law practice.  Only recently have "title companies" opened offices to do this work.  The title company will handle the paperwork for the buyer and seller, but will not represent either in the event of a problem.  If you have a title company handle the closing, you do not have representation of your interests in the settlement process.  The cost to you is about the same with or without a lawyer.

ESTATE PLANNING:

1.  Q.  Do I need a Will?

    A.  We have told people in the past that they do not need a Will, but it is rare.  If you are single or widowed, and have all of your assets in joint names with someone else, then you may not need a Will.  But if you are married, or single with asset(s) in your own name alone, then without doubt we say you need a Will.  

2.  Q.  What is a Trust?

    A.  A Trust is a contract with someone else, called a trustee, who you ask to manage your assets.  The trust management of your assets could be during your lifetime or after you die.  The most common is called a "Living Trust", which simply is a written trust contract that you sign during your lifetime, which takes effect immediately.  Your assets may be transferred to the Trust either during your lifetime or after you die, depending on your choice.  

3.  Q.  What is a Power of Attorney?

    A.  A Power of Attorney is very simply a written document that appoints someone to take care of your assets and/or health care decisions if you become disabled and can't do it for yourself.  I could include the power to sell real estate, pay bills, and make decisions about medical treatment.  It is a very important document only if you become disabled.  If you don't have one and you are disabled, your family must have you declared "incapacitated" by the Court in a "Guardianship" proceeding to be able to help you.  

4.  Q.  What if I die without a Will?

    A.  The Commonwealth of Pennsylvania has a Statute that tells us exactly what to do with your assets if you die without a Will.

ESTATE ADMINISTRATION:

1.    Q.  If someone dies, what legal work needs to be done?

    A.  This depends on the unique situation, but generally the administration of the deceased's estate  includes paying all expenses (bills, taxes, etc.); valuing assets such as real estate, savings and checking accounts, investment accounts (stock, IRA, savings bonds, etc.); paying the inheritance taxes on the estate assets; accounting to the Heirs for the assets and expenses; and reporting to the Court for the assets and expenses.  Remember, each estate is different, and it requires knowledge and skill to properly administer an Estate.  This is one area of the law that "do it yourselfers" should not try.   

2.    Q.  What does it cost to have an attorney handle the Estate?

    A.  This also depends on the unique Estate.  We base our fee on the value of the assets, the complexity of the Estate, the number of Heirs representing the Estate, and the time and effort needed to complete the Estate Administration.  We generally use 5% of asset value as the starting point, and rarely go over that, but usually are under it.

ADOPTION:

1.  Q.  We want to adopt.  Where do we start?

    A.  Obviously, there is little we can do until there is a child for you to adopt.  We suggest that Clients contact the Children and Youth Service of your county.  There is a real need for loving and caring parents for children who are involved with that agency.  Also look in your Yellow Pages, under the category "Adoption Services".   There are plenty of adoption agencies to contact, although you must be sure it is reputable before you contract for services.  Some successful adoption parents send mailings to law firms which handle adoptions, or OB/GYN practitioners, or foster parent organizations to be placed on lists of potential adopting parents.  Above all else, BE DILIGENT, and don't give up.  

2.    Q.  How much does an adoption cost?

    A.  The range for legal fees and costs to finalize an adoption vary depending on the amount of work we are required to perform.  For stepparent or relative adoptions, with the birth parent consenting, the charge is rarely more than $1,000.00 for fees and costs.        For adoptions when the birth parent disagrees with the adoption, and more time is spent to prove the necessary "legal grounds" for terminating the birth parent's rights to the child, it is difficult to estimate the fee because it is based on the time and effort spent on the case.  Past cases of this nature have been rarely more than $2,500.00 in fees and costs, not counting time spent if an appeal is taken to an appellate court.      For adoptions where our firm is the Intermediary between the birth parents and the adopting parents, we estimate $3,000.00 for the costs and fees, and usually it is not more than that amount.      We always give our Clients a good faith fee estimate at the initial meeting.  

3.    Q.  If I am unmarried, can I adopt?

    A.  While this is still rather unique, most Courts today will permit a single parent adoption if the Court believes it to be in the best interest of the child to be adopted, and the Home Study of the adopting parent is positive.  We have completed them without any problems locally.

SOCIAL SECURITY DISABILITY and SSI:

1.  Q.  How do I qualify for Disability?

    A.  To qualify for Social Security Disability, you must have a disabling medical or emotional condition that prevents you from full time work.  For Disability Insurance benefits, you must have worked enough to qualify as an "insured worker" (which Social Security will determine from your reported earnings record) and you must become disabled during the period that you are still covered by the program (usually 7 years from last work).  

2.  Q.   What is SSI and how do I qualify?

    A.  SSI is "Supplemental Security Income".  It is a federally funded program that provides income benefits to indigent (poor) persons who are unable to work.  It is the federal version of the state public assistance program.  You may receive this federal benefit whether you had reported earnings or not.  

3.  Q.   What records do I need to show to get Disability or SSI?

    A.  If you have a disability that prevents you from working, you must have your medical treatment providers send all of their records to Social Security for review.  If you have insufficient records, or if your medical providers are not supporting your effort to get disability or SSI, you have little chance of obtaining the benefits.   

4.  Q.  What is your fee for helping me get Disability or SSI?

    A.  We are paid 25% of your past due benefits.  This is paid as a lump sum from the date you first qualified for the benefit.  We receive no fee for the on-going benefits after the past due lump sum is paid.  If we don't win, we don't get paid a fee.

PERSONAL INJURY:

1.  Q.  If I'm injured in a car accident, can you help me and what is your fee?

    A.  We have handled personal injury cases for decades, and have represented hundreds of accident victims.  Our fee is 33.3% of the amount of your compensation.  If we don't win, or if you don't get compensation, we don't get a fee.   

2.  Q.  If I have "limited tort" in my auto insurance policy, can I sue for pain and suffering from an auto accident?

    A.  If you have elected "limited tort" option in your auto policy, you have given up the right to sue for pain and suffering damages unless the injuries that you suffered are severe.  Typically, whiplash injuries common in minor car accidents are not severe enough to allow you to sue if you have limited tort in your policy.  If you have suffered a broken bone that doesn't heal properly, or a herniated disc, scarring, etc., we may be able to get your compensation, even if you have limited tort in your policy.   

3.  Q.  The driver of the car that ran into me didn't have liability insurance, or it wasn't enough to compensate me for my injuries.  Now what?

    A.  Hopefully, you have purchased "uninsured motorist" or "underinsured motorist" coverage in your auto policy.  This is exactly the reason that you purchased it.  We will handle that part of your claim as well.  

4.  Q.  My car was damaged in the car accident, but I wasn't injured.  Do you handle those types of cases?

    A.  Usually not.  If you aren't injured, then the damages that you will receive will be the cost to repair your vehicle, or if it is "totaled" you will receive the market value of your vehicle.  Most people handle those types of claims without a lawyer.

FAMILY LAW:

1.  Q.  What is involved in a divorce and the related matters such as custody, property division, and support?

       A.  Each Family Law case is unique....no two are ever alike.  In each case, there are usually many "sub-cases" to deal with, such as the custody and support of the children, and property division.  Your Attorney will handle each and every one of those sub-cases to conclusion.  The more issues, the more time will be involved in finalizing the case.  For instance, if a couple has no children and can pre-agree on most of the property division, the case can be concluded in a few short months.  However, if a couple has children, and substantial marital assets, and are unable to agree on much of anything, then the case will naturally be longer to complete.   

2.  Q.  What are the fees and costs of the divorce?

    A.  As in most legal matters, the more complex a case is the more time it will take to conclude.  The more time it takes, the more costs and fees will be paid.  At the initial consultation with the Attorney, the fees and costs will be openly discussed and a fee agreement will be entered.  This way, there are no surprises about fees and costs.