Steps to Take if You Have Been Charged with Violating a PFA

Violating a Protection from Abuse order (PFA) can have serious consequences, including substantial fines and jail time. Even if you are not convicted, being charged with a PFA violation can hamper your ability to find a job or housing. If you have been charged with violating a PFA, finding local criminal lawyers to assist you with your case is critical to protecting your rights.

Pennsylvania Law and PFAs

Although a PFA can be intrusive, it is important to keep in mind that Pennsylvania courts take these matters very seriously. Even if you are unaware that something you did resulted in a violation of a restraining order, the court may still pursue criminal charges. For example, if your spouse or partner obtains a temporary PFA against you and you call or text them with a question related to your children, you are in violation of the order even though your communication is not threatening or harassing.

Pennsylvania law can be confusing. The commonwealth does not specify this crime as a violation of a PFA. The charge you will most likely face is indirect criminal contempt of court. Unlike other criminal charges, this charge is presented and ruled upon by a judge instead of being settled through a plea agreement or in a jury trial. When your freedom is on the line, it is well worth the time and money to seek counsel from experienced attorneys who are well-versed in handling cases involving PFA violations.

Penalties for Criminal Contempt of Court

A conviction for criminal contempt of court can result in six months of jail time, probation, and fines ranging from $300 to $1000. You will have a criminal conviction on your record that will appear on background checks. You may even lose custody of or visitation with your children. In addition, a temporary PFA typically becomes a permanent PFA for up to 3 years if you violate the order.

How a Criminal Defense Attorney Can Help

The best way to understand what happens when you violate a restraining order is to hire a West Chester criminal attorney as soon as you are served with a temporary PFA. Your lawyer can explain the specifics of the PFA and advise you on how to avoid any violations. They can also represent you at the initial hearing, which will be scheduled within 10 business days. At this hearing, you will have an opportunity to present your side of the story. If you have been falsely accused of domestic violence, your attorney can help you gather evidence and develop a strategy to prove it.

If you have been charged with violating a PFA, our criminal defense lawyers and family law attorneys at Carosella & Associates provide top-notch legal representation you can trust.

This blog was originally posted at https://carosella.com/steps-to-take-if-you-have-been-charged-with-violating-a-pfa/

Bankruptcy for Married Couples: Do Both Spouses Need to File?

Filing bankruptcy is a serious decision. If you are unfamiliar with the different types of bankruptcy and how they work, it can be challenging to determine how it may benefit you. Although married couples can file joint bankruptcy, sometimes it is best for just one spouse to file. There are several factors that must be taken into consideration when determining whether an individual or joint filing will best suit your needs. Bankruptcy laws vary from state to state so it is important to speak with a local bankruptcy lawyer who can assess your financial situation and advise you of your options.

Consider Which Debts You Want to Discharge

Getting out from under overwhelming debt is typically why people and businesses file bankruptcy. If you and your spouse file jointly, you can get rid of all the dischargeable debt you both owe. Although it varies from case to case and the type of bankruptcy you decide to file, examples of dischargeable debt include:

• Car loan payments
• Mortgage payments
• Credit card debt
• Personal loan debt

There are some debts that cannot be wiped out in bankruptcy, including child support and alimony payments, student loans and tax debt. However, there may be exceptions depending on where you live and your specific situation, so speaking with a lawyer before you file is critical.

If one spouse has considerable debt and the other does not, it may be wise for only one spouse to file. If you carry a significant amount of debt jointly, filling together is likely your best bet. Both your individual and shared dischargeable can be included in a joint filing. Because the main goal of filing bankruptcy is to get rid of debt, choosing the option that enables you to discharge more of your debt and keep more of your property makes sense.

How Much Debt Does Each Spouse Have?

It is not unusual for one spouse to enter a marriage with more debt than the other. In this case, filing an individual bankruptcy can allow the other spouse to keep a good credit rating, which is important when applying for a loan or mortgage. Bankruptcy can stay on your credit report for ten years, so this is an essential consideration.

How Much Property Do You Own?

A joint bankruptcy filing includes both spouse’s assets and property. However, some property is exempt, and depending on the state in which you live, you might be able to keep more of your property if you file jointly. If you own property held as tenancy by the entirety, which is a property that is jointly owned as a single marital entity, you may be able to shield it if only one spouse files. There are also homestead exemptions that can allow you to keep your home, but it can be tough to determine what is exempt and what is not without the assistance of an experienced bankruptcy lawyer.

Estate Planning Considerations

Choosing a law firm that offers estate planning services can help you protect your assets from potential future creditors. Putting assets in an irrevocable trust can shield them from creditors and help your beneficiaries avoid probate. This type of estate planning tool must be created in the right way, so it’s critical to seek the counsel of a seasoned estate planning or probate attorney.

If you need assistance with bankruptcy filing or estate planning, Carosella & Associates can help.

This blog was originally posted at https://carosella.com/bankruptcy-for-married-couples-do-both-spouses-need-to-file/

When is it Too Late to Probate an Estate?

Probate is the legal process for settling a deceased person’s estate. In Pennsylvania, there is no set time limit on when you can initiate probate after someone dies, but it is best to get the process started as soon as you can. Waiting can make things more complicated and lead to issues with the estate dragging on for years. Whether you are the named executor of an estate or a loved one died without a will, seeking the counsel of an experienced probate attorney can help you understand the process and the next steps to take.

When to Probate an Estate

Unless someone sets up a specific estate planning tool such as a living trust to avoid probate, a family member or personal representative should file a petition with the Probate court (Orphans’ court in PA). The probate process itself can take months or even years, so doing it promptly is the best course of action to get an estate settled in a timely manner. In Pennsylvania, if you pay inheritance taxes within three months of the death, you receive a 5% discount. An estate law attorney can advise you on what an estimated payment may be based on the value of the estate.

Problems that May Arise if You Wait on Probate

Failing to probate a will can result in serious consequences for the executor and the estate. Although certain assets such as life insurance, joint bank accounts and property that is owned in joint tenancy do not have to go through probate, other assets must be probated. If you fail to do this, certain assets that are solely in the deceased’s name cannot be sold or transferred. This means that ongoing expenses like insurance premiums, property taxes and vehicle registration must continue to be paid.

Creditors may also pursue debts that were owed by the deceased. When probate is opened, an executor or personal representative must advertise the estate in local papers. Creditors have one year from the date of advertising to file a claim. The earlier the estate is opened, the sooner the deadline for creditors. If there is a problem with an existing will or it is contested, typically these issues can only be addressed through the probate process.

What if an Executor or Personal Representative Fails to Probate a Will?

An executor of an estate can be held personally liable for resulting expenses if they deliberately avoid the probating of a will. Failing to probate an estate or will for your financial gain can even lead to jail time. Waiting to probate an estate or attempting to avoid it is not worth the risk of losing assets or dealing with potential liability.

Regardless of whether someone close to you has recently passed away or you have discovered that a distant relative has died and their assets need to be properly distributed, lawyers for wills and estates can help you get the probate process rolling. If you have questions about probate or need help with estate planning, the experienced team at Carosella & Associates can help make the process run smoothly and take some of the weight off your shoulders.

This blog was originally posted at https://carosella.com/when-is-it-too-late-to-probate-an-estate/

How Does Bankruptcy Filing Affect any Pending Personal Injury Cases?

If you have a pending personal injury claim, there are some important things to think about before filing bankruptcy. It can be challenging to predict how filing bankruptcy may affect your award. Speaking with local bankruptcy attorney before you take any action is critical.

Defining Personal Injury

When another party or entity causes injury or wrongful death, the person or persons affected may be entitled to monetary compensation for their losses. For example, if a motorist rear-ends you and the accident causes whiplash, they may be responsible for your medical bills, lost wages, pain and suffering and other damages if they are found to be at fault. Personal injury settlements may range anywhere from a few thousand dollars to millions.

Disclosing Your Settlement is Key When Filing Bankruptcy

When going over your financials with your lawyer, make sure to disclose all of your assets, including any personal injury claims. You should also let your personal injury attorney know that you may be filing for bankruptcy so they can share information if necessary.

Regardless of whether you are filing Chapter 7 or Chapter 13 bankruptcy, failing to disclose your personal injury claim and potential settlement is a recipe for disaster. Although in some circumstances a personal injury settlement may be exempt from bankruptcy, if you fail to disclose the claim or do not speak with your lawyer about how to shield your settlement, you may lose it. Your attorney may advise you that bankruptcy might not be your best option if you are going to receive a very large settlement.

A personal injury settlement is considered an asset, just like your home, car and any other personal property. If you fail to disclose a potential claim in bankruptcy court, the funds may be directly distributed to your creditors when the settlement is paid. The court takes a hard line on failure to disclose assets. If you intentionally fail to list it as an asset you may be held criminally liable. If you’ve been injured and you are facing financial troubles, the last thing you want to have to do is hire a defense attorney because you failed to disclose a personal injury claim.

When is a Personal Injury Settlement Exempt?

Typically, the date the claim was filed (usually close to the date of injury) determines whether your personal injury award will be part of the bankruptcy estate. For example, if you were hurt before filing for bankruptcy but will not recover compensation until after the filing, it may not be considered part of the bankruptcy estate. However, you must still disclose the claim. It is also important to keep in mind that in Chapter 13, bankruptcy trustees often check court records after a bankruptcy case is closed. Although it is rare, your personal injury settlement can be seized years after your debts were discharged in bankruptcy.

Personal Injury Claim Exemptions

Bankruptcy exemptions may protect all or part of a personal injury settlement, depending on the type of bankruptcy you are filing. Each state has its own bankruptcy code and exemptions, however, federal exemptions are typically more generous and allow you to keep more. In addition, if your personal injury claim is over the amount allowed by an exception, the federal “wildcard” exemption can allow you to exempt more.

Figuring out exemptions is complex. All of these factors vary from case to case, so if you are considering filing for bankruptcy, having our experienced attorneys evaluate and handle your case is critical to achieving the best possible outcome.

This blog was originally posted at https://carosella.com/how-does-bankruptcy-filing-affect-any-pending-personal-injury-cases/

Estate Planning Errors that You Need to Avoid

Estate planning involves more than just creating a will—there are many different elements to consider to ensure your wishes are carried out as you intended. Proper estate planning not only protects your assets and can provide for your family after you are gone, but vital documents such as powers of attorney can also protect you in the event of incapacitation. Sitting down with an estate planning attorney and creating a plan can give you peace of mind and help to safeguard your assets and loved ones. Here are some common mistakes you might be making while creating your estate plan.

Assuming You Are Too Young To Need An Estate Plan

One of the most common misconceptions about creating an estate plan is that only older people need to have one in place. Accidents and illnesses happen, and just because you are young it does not mean that you are immune to suffering debilitating injury, illness, or death. If you have children, it is even more critical to create an estate plan, regardless of whether you have substantial assets. The last thing you want is for the court to decide who will care for your children. If you do not name guardians for minor children, they could end up with someone you would not have chosen.

Having adequate life insurance, a will, powers of attorney, trusts, and other estate planning tools in place is one of the best gifts you can give your family. A probate lawyer can also advise you on the most effective way to enable some of your assets to avoid going through probate, which can save your loved ones time and money.

Failing to Create Powers of Attorney and an Advance Directive

It may be unpleasant to think about, but you never know when something could happen that leaves you incapacitated and unable to make decisions for yourself.  These three vital documents can help to ensure that someone with your best interests at heart is responsible for making important decisions on your behalf:

• A Power of Attorney for Health Care is a legal document that allows you to name an agent who has the authority to make medical decisions for you should you become unable to do so yourself. Consulting a lawyer who deals with wills and trusts can help you make an objective decision about who the right person for the job may be.
• An Advance Directive, which is sometimes known as the Living Will, lays out your wishes for life-sustaining treatment like a feeding tube or ventilator. In the age of COVID-19, having an Advance Directive in place is more important than ever and can save your loved ones a lot of heartache and stress.
• A Power of Attorney for Finances gives you the opportunity to name an agent who will handle your financial affairs in the event of your incapacitation. This means they can pay bills, manage your assets and investments, buy and sell property, and perform other tasks related to your finances.

Planning your estate can be daunting, but it doesn’t have to be difficult. Whether you need help updating your estate plan or you are starting from scratch, our full-service law firm in West Chester can assess your circumstances and advise you of the most effective course of action to protect your rights and interests.

This blog was originally posted at https://carosella.com/estate-planning-errors-that-you-need-to-avoid/

Property Inheritance in Blended Families: Understand the Strategies

Blended families have been the new norm in the United States for some time now. Family dynamics can be complicated and blended families face their own unique challenges when it comes to estate planning. Ensuring that everyone feels valued can be tricky, especially if you feel the need to protect assets from someone who may not have the best intentions.  It is also important to understand the potential for some members of the family to become unintentionally disinherited down the road. An experienced estate lawyer can identify potential issues and roadblocks and help you create an estate plan that protects everyone’s interests.

Resolving Inheritance Questions For Blended Families

There are many different ways to be proactive so your children and other beneficiaries do not have to deal with inheritance problems after you are gone, including:

• A well-crafted will that takes possible future scenarios into account
• Pre- and post-nuptial agreements
• Changing beneficiary designations on life insurance policies and accounts
• Trusts

A family wills and trusts attorney can help you find options that meet your specific needs and family situation.

Trusts

A Qualified Terminable Interest Property (QTIP) is an irrevocable trust that can be a useful estate planning tool. If you have had multiple marriages and want to make sure your assets go to your children from an earlier marriage after your current spouse’s death, A QTIP may be a good solution. By establishing a QTIP trust, you can provide for your surviving spouse for the rest of their life, but once they pass away, the funds in the QTIP are distributed to beneficiaries as specified by the grantor of the trust (you). The surviving spouse cannot make any changes to the trust or add additional beneficiaries, so a QTIP is a reliable way to ensure your assets are distributed to the beneficiaries you choose, even after your death.

An Irrevocable Life Insurance Trust (ILIT) is a trust that is specifically set up to own a life insurance policy. After your death, life insurance policy proceeds are placed in the trust and will go to the beneficiaries you specified when the trust was created. These proceeds do not have to go through probate and an ILIT can help to ensure the children you designate as beneficiaries are not disinherited.

When setting up any kind of trust for estate planning it is usually a good idea to choose a neutral party to be a trustee or fiduciary, especially in blended families. If you have a longstanding relationship with a contracts lawyer, accountant, or another professional you trust, naming them as trustee can help cut down on family conflict and stress.

Update all Critical Estate Planning Documents

Forgetting to update your will or beneficiaries on insurance policies when you get remarried can have disastrous consequences for your beneficiaries. Once you marry a new spouse, your previous will may become invalid according to the laws of intestacy in Pennsylvania. Beneficiaries on insurance policies must also be changed—in the event of your death they will be paid to whomever you last named as beneficiary, which may be your former spouse. If you are considering a new marriage, a prenuptial agreement can also be an effective way to specify what your spouse is entitled to and how you want your other assets to be distributed upon your death.

If you want to learn more about estate planning for your blended family, the team at Carosella & Associates can help.

This blog was originally posted at https://carosella.com/property-inheritance-in-blended-families-understand-the-strategies/

Planning to Sell Your Deceased Parent's Home: Here's What The Law Suggests

Selling a parent’s home after they pass on can be an overwhelming and emotional process. It can be especially challenging if there is a family conflict or you are unfamiliar with the legal issues that can arise when settling an estate. Estate planning law firms often work collaboratively with real estate attorneys to develop creative, practical solutions that can help you understand the law and resolve issues to get your parent’s property sold.

Does a Home Have to Go Through Probate?

In most cases, yes. Unless your parent put their home in a living trust, the home is part of the estate and must go through the probate process before it can be transferred or sold to anyone.  Although selling a house while in probate is possible, the process is complicated. The probate court will monitor the process to ensure it is transparent and you are authorized to sell the home. If you are the executor or administrator of the estate, you are required to monitor and approve the sale of the home as well. Your probate attorney can advise you of all your rights and responsibilities as the executor of an estate.

Confirm Ownership

Before you do anything else, find out if your parent is the sole owner of the property. If the home is jointly owned with a spouse or anyone else “with the right of survivorship,” they automatically become the sole owner of the home. These situations can be particularly tricky when an ex-spouse is still on the deed of a home. Experienced divorce attorneys usually advise clients to separate all property and update their estate plan after a major life change, but sometimes these things can fall through the cracks and cause serious problems when someone passes away unexpectedly.

Keep it Current

The transfer of property can take time, so it is important to continue to pay the mortgage, property taxes, and insurance while sorting out the estate. It’s also a good idea to keep utilities such as gas, electric and water on and to check on the property periodically to make sure it is in good shape. Whether you plan on selling the home or not, you will most likely need to get it appraised, so you want to ensure it is properly maintained.

Get an Appraisal

An appraisal is a professional valuation of what a home is worth. It is often required when an estate goes through probate and is used for tax purposes and to ensure all beneficiaries know the value of the property.  An appraisal is usually required in any real estate transaction, so it is a must if you plan on selling the home. Once all of these matters are settled, a real estate attorney can assist you with the process of transferring the property and putting it up for sale.

Do you need assistance with settling an estate or selling a parent’s home? Our full-service law firm in West Chester can help you understand the process and walk you through it every step of the way.

This blog was originally posted at https://carosella.com/planning-to-sell-your-deceased-parents-home-heres-what-the-law-suggests/