Benefits of a Revocable Trust for Rental Properties

Whether you already own investment property or you are considering getting into the business, it is important to consider issues such as how you want to integrate it into your estate plan. Putting property into a revocable trust can provide several benefits. However, it is essential to have an experienced living trusts lawyer assess your specific circumstances and advise you on the most effective option to protect your assets and pass them on to your heirs.

What is a Revocable Trust?

A trust is a legal arrangement in which a trustee holds assets for a beneficiary. Trusts can protect against creditors, help beneficiaries avoid probate, and allow the grantor (creator) of the trust to dictate the terms of an inheritance. A revocable trust enables the grantor to act as trustee and beneficiary while they are alive, and property can be added and removed as they see fit. Upon their death, the trust is managed by an appointed trustee. If you are considering a trust for rental properties and other assets, an estate planning lawyer can ensure it is set up properly.

Why Use a Revocable Trust for Investment Properties

A trust provides a layer of anonymity that can protect against lawsuits and keep your estate confidential. If there are multiple investors in a property, a trust allows you to define specific ownership interests, which can help everyone involved avoid hassles down the road. In this type of situation, seeking the counsel of a real estate lawyer and contracts lawyer is critical to ensuring your interests and the interests of your beneficiaries are fully protected.

Because a trust bypasses probate, it enables your loved ones to save time and money when it comes to settling your estate and gives beneficiaries of the trust access to your assets immediately upon your death. Probate can take up to two years in Pennsylvania. If you have a complex estate with a significant amount of assets or someone contests a will or estate, it can take longer. A trust can help make a difficult time easier for your family and minimize conflict when settling an estate. In some cases, it can also help to minimize the amount of estate taxes they may owe.

How a Trust Protects Your Interests

Should you become incapacitated or unable to manage your own finances, a secondary trustee can manage your trust and perform duties such as paying property taxes and insurance. A trustee has a legal obligation to look out for your best interests, so a living revocable trust also protects your assets from those with nefarious intentions.

How a Wills and Trusts Lawyer Can Help

Our estate planning lawyers, wills and trusts attorneys, and Pennsylvania real estate lawyers work collaboratively to help clients find personalized solutions that meet their needs. Our team has extensive experience handling all types of real estate transactions and estate planning issues and is dedicated to providing top-notch legal services to all our clients.

This blog was originally posted at https://carosella.com/blog/benefits-of-a-revocable-trust-for-rental-properties/

Protecting Your Business from Employee Claims

While owning a business is often fulfilling, entrepreneurship has its ups and downs. Regardless of the type of business you own, there is a wide range of employee grievances that can arise. Being prepared for any claims that come your way can help protect your business. Sitting down with a business lawyer and creating a plan to prevent and deal with employment claims can give you peace of mind and save you a lot of time and money.

Common Employee Claims

Whether an employee brings an internal complaint, EEOC claim, OHA complaint, or lawsuit, it is critical to be aware of potential pitfalls. Some common employment-related claims include:

• Wage, hour, and overtime claims
• Family and Medical Leave Act (FMLA) claims
• Workplace discrimination
• Sexual harassment
• Retaliation
• Wrongful termination
• Personal injury

Regardless of whether you settle or win a claim or lawsuit, they can be costly and take up time that could be spent running your business.

Steps to Take to Protect Your Business

Create a comprehensive employee handbook that outlines specific policies and guidelines. Business succession planning attorneys often recommend that employers create guidelines and policies in addition to creating a succession plan. This helps employees understand what is expected of them and can protect your business from employment litigation. It is particularly important to address issues such as discrimination and harassment, and to include policies regarding attendance, tardiness, time off, and how to report any complaints to HR or management.

Clearly define the responsibilities of each position. Clarifying tasks and the roles that each employee will play helps avoid misunderstandings and can improve employee satisfaction.

Maintain proper records and personnel files. One of the most important elements of defending yourself in any lawsuit is evidence. Properly documenting an employee’s hours, pay, performance and any complaints makes it much easier should an investigation be necessary.

Provide proper training. In certain industries such as construction, ensuring your staff is properly trained can be a matter of life or death. Employees who are properly trained and aware of procedures for all types of scenarios are less likely to make errors, become injured, or violate a company’s code of conduct.

Create employment contracts. Depending on the circumstances, employment contracts can be valuable tools that protect both you and your employees. They can be particularly useful when it comes to protecting sensitive or proprietary information.  Whether you want to create a basic non-compete agreement or a more complex contract, having an attorney for contract review is vital.

What is Employment Practices Liability Insurance (EPLI)?

Although workers’ compensation, general liability, and property insurance protect your business from certain types of liability, they do not safeguard you from employment-related lawsuits. EPLI is designed specifically to provide coverage against claims related to discrimination, harassment, wrongful termination, retaliation, and other workplace-related issues. If you own a business in Pennsylvania, talk to your business lawyer in West Chester to find out if EPLI may be a good option for you.

Contact a Business Attorney

Carosella & Associates can help you set up safeguards that protect you from liability, and our seasoned business attorneys also fight for your interests when litigation is necessary. Our full-service bankruptcy law firm and lawyers for wills and trusts can help you through tough financial times and assist you with all your estate planning needs as well.

This blog was originally posted at https://carosella.com/blog/protecting-your-business-from-employee-claims/

What to Do If You Have Been Accused of Sexual Assault

Being accused of sexual assault can have a devastating effect on all aspects of your life. If you are facing sex crime charges, it is important to take certain steps to protect your rights. The first thing to do is contact a local criminal defense attorney who is well-versed in Pennsylvania sexual assault laws. A lawyer can help you understand the charges you are facing and advise you of the best way to proceed.

Sexual Assault Charges in Pennsylvania

Depending on the circumstances of the case, sexual assault may be charged as a misdemeanor or felony in Pennsylvania. Rape is the most serious sexual offense and carries a maximum sentence of 20 years imprisonment and a fine of up to $25,000. Typically, a defendant who is convicted of a sex crime in Pennsylvania must register as a sex offender as well.

Steps to Take if You Have Been Charged with a Sex Crime

Underestimating the potential repercussions of sexual assault charges can be a grave mistake. Although our criminal justice system works most of the time, innocent people are sometimes convicted of crimes. Even if you merely suspect that you may soon be arrested or accused of sexual assault, contact a sex crimes attorney immediately.

Do Not Discuss the Allegations with Anyone

If you feel that you have been wrongly accused, you may feel compelled to tell your side of the story right away. Criminal lawyers always advise clients to refrain from speaking to law enforcement officers or anyone else about the alleged incident. Do not talk about the allegations with your friends, family, or anyone other than your attorney. Your loved ones may be called as witnesses against you in court and your words could be twisted to make you look guilty.

Even if you haven’t yet been arrested, if the police want to interview you, do not answer any questions. Always invoke your right to remain silent and never talk to the police or other law enforcement officials without a lawyer present.

Do Not Reach Out to the Alleged Victim

You may also be tempted to clear the air with your accuser. This is an extraordinarily bad idea. Do not talk to the alleged victim or ask someone else to speak to them on your behalf. You should also refrain from contacting any of their friends or family.

Listen to Your Attorney

Your lawyer’s job is to protect your rights and interests. Anything they ask you to do is for good reason. Although it can be challenging to keep a cool head when facing such serious charges, working with your attorney to prepare for court can give you a purpose and help you feel better. Your lawyer may ask you to write a summary of your relationship with the alleged victim, what happened that resulted in the accusations, and create a timeline of events. It’s also important to collect other evidence that may aid your defense, such as call logs, voicemails, texts, emails, DMs, and social media posts. You should also compile a list of potential witnesses your attorney may want to interview.

If you have been charged with sexual assault, it’s critical to find a criminal defense attorney you can trust. The experienced team at our full-service law firm in West Chester, PA works collaboratively to provide exceptional legal representation to all our clients.

This blog was originally posted at https://carosella.com/blog/what-to-do-if-you-have-been-accused-of-sexual-assault/