Articles and Resources
We want to make sure you have the education and tools you need every step of the way.
Pennsylvania’s New Annual Report Filing Requirement for Business Entities
Starting on January 1, 2025, Pennsylvania is implementing a new annual reporting requirement for most domestic and foreign business entities, which...
3 Essential Tips for Non-Profits Preparing Their Annual Reports
As 2024 comes to a close many non-profit organizations are gearing up for the important, and often times tedious, task of preparing their annual...
Veteran’s Protection: Your guide to claiming benefits
To the brave men and women who have served your country with honor and now proudly embrace the title of Veteran, estate planning is not only about...
Family-Owned Businesses and the Intersection of Business, Succession and Estate Planning
Family-owned businesses are the backbone of many economies, contributing not just to local communities but also to national growth and innovation....
What does a real estate attorney do?
Buying a house is stressful. Selling a house is stressful. Property transactions in general are stressful. These are facts. According to a 2022...
Mid-Year Update: Corporate Transparency Act
Summary of CTA Due Dates We are writing with a mid-year update on the Corporate Transparency Act (the “CTA”). Our summary of the CTA issued earlier...
When should you start estate planning?
Deciding to officially start the estate planning process is a wise move but one that doesn’t necessarily hinge on a specific date, age or life...
Legal Considerations for Every Stage of Running a Small Business
Small businesses require and deserve comprehensive and thoughtful legal counsel. In most cases, to be labeled as a small business according to the...
How can you protect your agricultural assets?
A quick glance at the financial forecasting for American farms in 2024 can leave one feeling disheartened regarding the estimated 25% decrease in...
Family Dynamics in Elder Law
Elder Law differs from many other legal practices because it is often not defined by what attorneys do, but rather who they serve. Elder Law...
How a Trust Benefits Your Special Needs Child
The legacy that parents leave their child can impact generations. This is especially true when navigating the challenges of planning for the...
How to Implement a Tuition Loan Program
Tuition Reimbursement Infographic
Why Small Businesses Should Consult Both an Accountant and a Tax Attorney
Tax season often highlights the riddle of tax code intricacies and compliance. This is especially true for businesses. Many small business owners...
Top Tips for Engaged Couples
Getting engaged is a thrilling and exciting time in any couple's life. While planning the wedding may be top of mind, there are other crucial...
3 Key Mistakes to Avoid in Powers of Attorney
Top 3 Mistakes to Avoid When Creating a Power of Attorney Creating a Power of Attorney (POA) is a significant step in managing your affairs, be it...
What Happens to Minor Children When Parents Die Without a Will
Losing a parent is a heart-wrenching experience, and the thought of what happens to minor children when their parents die without a will can be a...
11 Reasons to Hire an Estate Administration Attorney
Estate administration can be a daunting task, particularly during a time of grief. It involves managing and distributing a deceased person's assets...
A Guide to Preventing or Resolving Family Estate Disputes
Rivalry among siblings. Most families cannot avoid it.
There Is Much More to a Will Than Transferring Assets
A survey conducted by Care.com revealed that 57% of Americans do not have a Last Will and Testament (a “Will”).
Advance Healthcare Directives: Their Importance
There is a wrenching question that demands an answer, especially in the current Covid-19 epidemic: In the event of a life-threatening illness, how far would you be willing to go in order to prolong your survival?
A Brief Overview of Irrevocable and Revocable Trusts
It is common to use revocable and irrevocable trusts in the estate planning process. Each has benefits and drawbacks depending on your goals.
Update Your Estate Plan on a Regular Basis
In addition to checking your estate planning documents every so often, you should also keep them up to date in case of a life-changing event, such as a birth, marriage, divorce, or move to a new state.
Pennsylvania Probate Essentials: When It’s Required and How to Proceed
Discover when probate is required in Pennsylvania and gain insights into the process, alternatives, and practical tips to help you navigate the complexities of estate administration efficiently.
Does an Executor have to show an Accounting to Beneficiaries?
Explore the responsibilities of executors in Pennsylvania, focusing on their obligation to disclose estate accounting to beneficiaries, the types of accountings, and the importance of transparency during the estate administration process.
It’s Important to Know the Potential Pitfalls of Beneficiary Designations
The idea of leaving your property to your heirs might seem straightforward. You make a will or a trust, you do a transfer-on-death deed for your real estate, you put your kids on your bank account, you designate beneficiaries for your life insurance and retirement accounts, and you’re done.
Do Spouses Automatically Have Power of Attorney in Pennsylvania? A Comprehensive Analysis
Explore the misconceptions surrounding spousal power of attorney in Pennsylvania, and learn about the importance of establishing a valid power of attorney within a marriage to protect mutual interests and ensure legal authority in critical decision-making.
25 Key Questions to Ask Your Estate Planning Attorney: Securing Your Legacy
Discover the top 25 questions you must ask your estate planning attorney to ensure your assets are protected, your loved ones are cared for, and your legacy is preserved. Find the right legal expert with our comprehensive guide.
PA Probate Timeline: How Long Does the Probate Process Take in Pennsylvania?
Explore the ins and outs of the probate process in Pennsylvania with this comprehensive article, which delves into factors that impact probate duration, an overview of the steps involved, and strategies for streamlining the process to ensure efficient estate administration and distribution.
Probate Law Demystified: A Comprehensive Guide to Understanding the Role of a Probate Lawyer
Discover the intricacies of the probate process in Pennsylvania with this comprehensive guide, covering factors that influence probate duration, insights, and strategies to ensure a smooth experience for all involved parties.
As Part of Your Will or Trust, Include a Memorandum About Your Personal Property
It is common for family members to argue over a parent’s favorite items after the death of their loved one. Arguments can take place over things like a coffee mug, a piece of jewelry, or a painting.
Who Should You Appoint as Your Will Executor?
Choosing the right executor for your will is crucial. Learn the process of selecting the right person to carry out your final wishes from an estate planning attorney.
A Living Will: Why You Need One
In a living will, you specify what type of treatment you would like to receive when you die.
The Powers of Attorney Age With Time: Take Action Now
As a result of his illness, my uncle needed me to pay his bills while he is in the hospital. He named me as his financial power of attorney in 2002, so I could write checks on his bank account when he couldn’t.
Making Sure Your Will Is Valid Is Crucial
Only 33 percent of Americans have a will, despite the fact that more than 50 percent find estate planning important.
Is It Necessary to Disinherit Your Special Needs Child for Benefit Protection?
It is a challenge and opportunity for families with special needs children to protect the future of their children.
How to Discuss Inheritance With Your Children
estate planning, baby boomers, inheritance
People With Special Needs Have a Variety of Legal Options
Disability and special needs individuals are supported and empowered by the Americans with Disabilities Act (ADA).
As Part of an Inheritance, Family Values Should Be Passed On
Families can face challenges dealing with and formalizing the inheritance of values and assets, especially if they wait too long to start teaching values.
Does Medicaid Pay for a Nursing Home?
There is an acronym called LASA, or “look-alike-sound-alike,” that is commonly used when referencing medications.
Trust: Do I Need One?
One of the most common questions we receive is this one. The following information can help you decide whether a trust is right for you and, if so, which type is best for your unique situation.
Make Sure Your Estate Plan Up-To-Date to Avoid Unnecessary Trouble
Intestacy laws determine your estate’s financial future and the legacy you leave for your loved ones if you don’t have a plan.
Estate Settlement Without a Will
Caring.com reports that, despite the COVID-19 pandemic, overall percentages of older Americans without a will remain unchanged. Remarkably, younger adults with a will show an increase of sixty-three percent comparative to pre-pandemic times.
Understanding Annuities for Married Couples That Comply With Medicaid
An annuity is a financial product that pays a fixed amount of money every year throughout the life of the annuitant. Most annuities are deferred, meaning the payout doesn’t occur until a later date.
Whether You Have a Will or Not, Understanding the Probate Process Is Important
The probate process is something that happens after someone passes away, and it takes place in probate court. Unfortunately, fewer people know that it can be a long and complicated process. It can sometimes take months, or even years, to complete.
The Advance Directive Process Requires Discussing Treatment
There is no doubt that contemplating our own death is one of life’s greatest challenges. Yet it is very important to think carefully about the medical treatment we would want for that challenging time.
How to Handle the Death of a Family Member Without a Will
In the wake of the COVID-19 pandemic, more Americans are becoming aware of the importance of having a will, a living trust, and a living will....
How Is the Probate Attorney Involved in Representing the Executor or Estate Heirs?
Understanding the lawyer's role at the beginning of the probate process is one of the first things you should do, whether you are the Executor or an...
Probate Is the Process of Transferring Property
Legally, probate is the process of authenticating the will of a deceased person, reviewing their assets, paying their debts and taxes, and...
What To Do If You Win The Lottery
At the time this article is being written the “Powerball” jackpot has reached an all time high of $1.9 billion dollars. When the lottery winnings...
The Estate Planning Guide for Crypto-currency
In the case of digital assets, traditional estate planning elements are mostly obsolete. Crypto-assets may comprise significant individual wealth in...
Tips for Selecting a Continuing Care Retirement Community
In the U.S., continuing care retirement communities (CCRCs) are becoming more popular. Sometimes referred to as life plan communities, the goal is to provide a long-term care option for older residents.
The Combination of Estate Planning and Elder Law Equals Life Care Planning
Elder law and estate planning are often used interchangeably, but there are significant differences between them. While some overlap exists between the two, learning and implementing strategies from both law practice types is crucial to prepare for successful aging and preserve a family legacy.
Out-Of-Pocket Costs Associated With Alzheimer’s Disease, Medicare, and Medicaid
There is a report published by the Alzheimer’s Association (alz.org) entitled Alzheimer’s Disease Facts and Figures. The findings give pause when contemplating the future of many Americans who will be living with crippling dementia.
How Cryptocurrency and NFTs Fit into Your Estate Plan
Five years ago, cryptocurrency was probably not on your radar. Today, it may be an important investment in your portfolio. You could even own some...
Planning for Your Digital Legacy
An estate plan often focuses on tangible property such as jewelry, artwork, money, and vehicles. However, in this age of technology, it is important...
What Does a “Fiduciary” Do?
There may be a situation in which you are asked to act as power of attorney for a family member or friend. Your person may be planning for when they might become unable to take care of their affairs.
Planning Your Veteran’s Benefits Has Never Been More Important
COVID-19 will not disappear as many hoped. The disease is more deadly for those over 65, according to studies. Individuals living in senior living communities, such as independent living, assisted living, memory care, and nursing homes have the highest risk of becoming infected and possibly dying from the virus or a secondary illness, such as pneumonia, after being weakened from the virus.
The Process of Preparing a Living Will
In the event of an accident or illness that prevents you from making medical decisions, an advance health care directive outlines how you want medical professionals to act. A living will is crucial for all adults because accidents or a sudden onset of severe or terminal illness can happen anytime, rendering you unable to make medical choices.
Is Medicaid Crisis Planning Necessary?
As part of the Medicaid program, individuals who meet certain asset requirements can obtain assistance in paying for long-term care (LTC). Long-term care often creates devastating financial impacts on Americans, particularly the elderly, and for those family members who lose hours of income (and more) while providing care for their loved ones.
Veterans Administration and US Postal Service Partner to Prevent Fraud and Scams Among Veterans
USPS Inspection Service (USPIS), a division of the United States Postal Service, has entered into a two-year agreement with the Veterans Administration Privacy Service (Office of Privacy and Records Management, OPRM) to provide veterans and their dependents with information regarding scams and protecting personal information.
Advance Directives: What Do They Entail?
The tears were streaming down Kevin’s face as he stands at the door of Winnie’s nursing home room. The medical staff just finished inserting a feeding tube into Winnie – an act Kevin knew she didn’t want.
Veterans Exposed to Toxic Burn Pits and VA Benefits
The United States Congress is in the process of passing a broad bill expanding health care and benefits for US service members exposed to burn pits overseas, despite some details needing finalization.
The Effects of Diet and Exercise on Alzheimer’s Disease
Don’t ignore your memory concerns or those of a loved one.
Cracking the Code: How to Know if Medicare Pays for Nursing Home Care
Many people wonder whether Medicare covers long-term care, which is a combination of medical and non-medical services provided to individuals who are unable to perform basic daily activities on their own.
The Five Most Important Legal Documents
All Americans who wish to protect their families and themselves must have an estate plan. Making sound decisions regarding finances and healthcare can become challenging as you age due to diminished mental capacity or declining health.
Conservatorships Are Avoided With Durable Powers of Attorney
Legal guardianship over an adult is known as a conservatorship. Decisions and actions can be made on behalf of another (or several people). The conservator is the person(s) with the power to make decisions, and the conservatee is the adult who needs help with their financial, health care, living arrangements, and daily affairs due to old age, physical or mental limitations. Some conservatorships are broader than others. For example, some conservators may only have authority over financial decisions, not medical ones.
Benefits and Long-Term Care Planning for Veterans
Are veteran Department of Veterans Affairs benefits may be used to help cover the costs of long-term care? The answer is, as with most governmental things, complicated. A much-underused pension benefit known as Aid and Attendance can provide some money to cover costs for assistance performing everyday tasks. Aid and Attendance benefits may even be available to veterans with incomes above the eligibility limit if they have a large enough medical expense(s) for which they receive no reimbursement.
Understanding Revocable Trusts
This was a question we received from a client: A revocable trust created by my brother left money to my children – but they could only use that money if they went to Tanzania to see elephants. Why can’t my kids put that money toward something they could use, like paying off their mortgages? The trustee says she has no choice, and she has to follow my brother’s instructions.
An Overview of Probate
According to the American Bar Association (ABA), probate is the process of giving formal recognition to a will and delegating the responsibility for administering the estate to intended beneficiaries. Navigating the probate process will vary according to state law. Therefore, it is good to contact a probate lawyer to determine if the estate is small enough to bypass formal probate, whether the fiduciary must be bonded (this requirement is often waived in the will), and what reports are necessary to prepare.
An Analysis of Elder Law and Estate Planning
Estate planning and elder law serve different functions, but both are equally vital to protecting yourself and your family.
Eliminating Unexpected Medical Bills
A medical emergency is hard enough, but when huge bills arrive despite your insurance coverage, the pain may only get worse.
The Greatest Wealth Transfer in US History
History has never seen a financial situation quite like this before. Baby boomers preparing to pass on their legacies through estate plans put America at the brink of the largest ever transfer of wealth.
Generating Wealth After You Are Gone: Controlling Your Legacy
For generations to come, you have worked hard to create and protect your legacy. But have you thought about the impact it will have on family members who are in different stages of life after you are gone?
Estate Planning in the Digital Age: 4 Obstacles to Avoid
The Internet of Things (IoT) is intertwining our lives, so identifying and managing the digital property we own is more critical than ever. From smart home devices to online investments and bank accounts, we’ve gone way beyond using the internet to email family and social media to connect with friends.
Ensure Your Final Wishes Are Fulfilled
There can never be enough emphasis placed on making end-of-life preparations. Many put off making these plans thinking there is always time. The sad reality is that none of us are guaranteed time.
A Guide to Home Improvements for Aging in Place
As Americans age, they generally want to stay in their homes and communities. Americans are living longer, and most of them want to age in their own homes and communities.
The Importance of Estate Planning for Those With Special Needs
Special needs trusts, often referred to as supplemental needs trusts are an estate planning tool particularly useful for parents of mentally and physically disabled children.
Revocable vs Irrevocable Trusts
Different types of trust exist for estate planning purposes; revocable and irrevocable trusts are the most common.
In Order to Avoid the Medicaid Penalty Period, Follow These Steps
A person must meet the qualifications of limited income and assets to receive Medicaid assistance for nursing home care, assisted living, home health care, or adult foster care.
Estate Planning and Goals: Communicating With Family Members
A comprehensive estate plan is the first step to transferring wealth to your loved ones successfully. However, many of us often overlook the crucial part of communicating our estate plan to family and heirs.
Estate Planning 101: How to Leave Assets to Minor Children
Learn the foundations of a Last Will, the fundamentals of a Trust, and how to leave assets for minor children.
Do I need Title Insurance?
If you are in the process of purchasing a new home, an investment property, or maybe a vacation home, you may have heard that you need or don’t need title insurance.
Closing Issues That May Lead to a Real Estate Dispute
Here’s what you need to know about closing issues that often lead to a real estate dispute. Learn more from Cherewka Law.
Guide to Estate Planning as a Young Adult
Estate planning as a young adult is not as complicated as it may seem. Cherewka Law breaks it down in this easy to follow guide.
What To Do When a Parent Passes Away
Cherewka Law provides some actions that need attention after a parent passes away. Read more here.
Does a Living Trust Help Avoid Probate?
If you want to ensure your loved ones have a more comfortable experience with enacting your will, then setting up a living trust can keep your family from probate.
What is a Trust and why would I need one?
Estate planning can involve many different types of documents and planning tools. Most people know and understand what a will is. You may have heard of a trust, but don’t quite understand how they work or what their function is.
The Importance of Including your Children in Estate Planning
The absence of communication among family members can lead to family disagreements and complications. This is why including your children in the estate planning process is important.
Understanding Special Needs Trusts
With the right plan, you can rest assured that your child will be cared for when you are gone. Learn everything about special needs trusts from Cherewka Law.
Top 5 Elder Law Questions
Caring for a parent or family member as they age is something most of us will have to deal with at some point in our life.
What You Need to Know About PA Real Estate Seller Disclosure Law
Why exactly are sellers obligated to disclose all this information to the buyer? Read on to find out how it can serve to protect you down the line.
What is the Time Limit to Probate a Will in Pennsylvania?
When a parent or a grandparent suddenly passes away, the family is usually left to take care of their assets, including their estate.
Common Estate Planning Terms
Having an estate plan is the best way to protect your family and preserve your legacy; if you’re delving into creating one, here are the terms you need to know.
Do I Need to Hire an Elder Law Attorney?
Deciding to place a loved one in long term care can be one of the most difficult decisions a person has to make. When, where, and how to pay for it are all common questions.
What is a 1031 Exchange and how can they save you money?
When you sell a piece of real estate, income taxes are due on the gain from the sale. For example, if you purchase a property for $100,000, and several years later, sell it for $300,000, income taxes will be owed on $200,000 (the gain).
Do I need a Real Estate Attorney to Purchase a House in Pennsylvania
Purchasing or selling a house is one of the most important decisions a person will make. Most people will use a real estate agent when buying or selling their home and will rely on their expertise to guide them through the transaction.
5 Mistakes Buyers Should Avoid Before Closing on Their Home
Purchasing a home can be an exciting and nerve-racking time. There is always so much information and misinformation about how to approach the process the right way.
How Probate Guardianship Works
Guardianship is the process for an adult family member, friend, or professional, who is not a child’s or incapacitated person’s parent to be appointed by the court, to take care of that individual’s property.
Estate Planning 101 for Single People
Future planning and decision making can be a challenge. Planning can be even more complex when it involves plans for your estate.
Estate Planning for Single Person
Future planning and decision making can be a challenge. Planning for your estate can be even more complex because thinking about death can be difficult.
What Happens to Debt After Death?
What happens to debt after death? Who is responsible? Find out all you need to know from the probate lawyers at Cherewka Law.
What Happens If I Don’t Have an Estate Plan?
Death can be a terrifying thing to face. However, planning for our own death is one of those difficult things we must face before we pass away to better prepare those who will survive us. One action we can take is to prepare an estate plan.
Probate Attorney In Cumberland County, PA
Considering hiring a probate lawyer in Cumberland County, PA? Learn why Cherewka Law has been trusted in Cumberland County for over 30 years.
What Happens After Probate is Closed In Pennsylvania?
Closing an estate in PA can be lengthy and you need to be sure you follow all the proper protocols. Find out here what happens after probate is closed.
Ten Tips for Engaged Couples
December is the most popular month for engagements. Young people getting engaged in Pennsylvania face many legal hurdles. Here are ten tips to help you navigate those legal hurdles.
How to Get a Business License in PA
“How to a apply for a business license in Pennsylvania.” This is a common question for entrepreneurs in PA. The surprising answer is that there is no general business licenses that every business must apply in Pennsylvania. Many states require that all businesses register annually (e.g. Nevada, New York, or Michigan). This is not the case in Pennsylvania.
What if I Am Named as Executor in Someone Else’s Will?
All too often, people create their Wills and name a personal representative (the Executor) without speaking with the people the name.
Five Types of Risk Businesses Face
Pursuing a business venture naturally involves risk. Eliminating all risk is not an option—there are many factors beyond your control, and it is impossible to prevent every circumstance that might deviate from your plans. Nevertheless, you can decrease the degree of risk to which your business is exposed by identifying risks and taking proactive steps to mitigate them. The following five types of risk are the most common risks businesses face.
What Are My Duties If I Agree To Serve As An Executor?
The executor’s first duty is to gather and secure the estate’s assets. Finding all of the assets may not be easy.
What Is Probate?
We often hear that “Probate” is something we want to avoid. But what is “probate”?
What Taxes Are Due When Someone Dies?
When an individual dies, there are four taxing systems that come into play: the Pennsylvania Inheritance Tax; the Federal Estate Tax; the Decedent’s final income tax returns (Pennsylvania and Federal and local earned income tax); and the income tax returns for the Estate (Pennsylvania and Federal).
What Is A Gun Trust and Why Should You Have One?
If you’re gun owner, you’ve likely heard the term “gun trust,” but you may not understand what a gun trust is, how it works or how it can be of use in an estate plan. A gun trust is the generic that can describe many types of revocable or irrevocable management trusts that are created to take title to firearms. Revocable trusts are more common and often preferred, as they can be amended and changed during the lifetime of the grantor.
Parent’s Estate: Probate Without a Lawyer
Often a child or family member of an individual who has recently passed away will consider tackling the estate administration process without hiring an estate attorney. Whether it is the cost of retaining counsel, or the “do-it-yourself” personality, some individuals believe that hiring a lawyer is an unnecessary expense which can easily be avoided. The truth is that there is no legal requirement to hire a lawyer, and there are many individuals who have successfully navigated the probate process without counsel. All too often, however, an executor will find themselves stuck, or worse yet, trying to correct a mistake that could leave them personally financially liable.
How Will Pennsylvania’s New Digital Asset Law Effect Your Estate?
Most people in Pennsylvania have some sort of digital assets by now. Virtually every financial institution in the country now offers online account access, e-statements, and virtual transactions.
Treating Children Fairly Does Not Necessarily Mean Equally
Most parents want to treat their children fairly in their estate planning and many assume that means having their children inherit equally. But fair does not necessarily mean equal. There may be special circumstances to consider.
Are Holographic Wills Enforceable?
Princess Diana Thought So… Princess Diana of Wales was one of the world’s most loved celebrities – and one of the richest. Her tragic death in 1997 was world news. The majority of her estate, reportedly worth $40 million at the time of her death, was divided between Prince William and Prince Harry in her estate plan.
Asset Protection Planning for the Modern Client
Only the very wealthy and those in high-risk professions need asset protection planning, right? That’s a myth. In reality, we all need asset protection. Why? Because we all can be sued and lose everything we have. A car accident, business failure, foreclosure, medical crisis, or injured tenant can result in a monetary judgment that will decimate your client’s finances.
Strategies for Saving on 2019 Income Taxes
Now is the time to begin looking at ways to minimize your 2019 income tax bill. This letter outlines several strategies to consider before the end of the year. We realize this is a lot of tax talk, but rest assured, we’re happy to walk you through how to determine the best strategy for you layman’s terms.
What is Estate Planning and Why Is It Important?
Estate planning, like retirement planning or life insurance, is an important step to ensure your family’s well-being in times of uncertainty. You may have heard about estate planning before, but may be unsure as to exactly what an estate plan is. We want to help answer that question.
New Law Changes That Affect Pennsylvania Beer Drinkers
Sales Tax on Beer – This summer, the cost of your beers are going to increase. Starting on July 1, 2019, the Pennsylvania Department of Revenue will be collecting 6 percent sales tax for every dollar of beer that is sold directly to consumers via brewery taprooms, tasting rooms, and brewpubs. In essence, a $6 beer today will cost a consumer at minimum of $6.36 after July 1st.
Irrevocable Trusts Protect Loved Ones, Assets
Signing away ownership of assets often seems contradictory when you start to think about creating an estate plan that gives you control of what happens to your accumulated assets and meets your goals for financially protecting loved ones.
However, you might wish to create an Irrevocable Trust for many purposes, such as reducing taxes, gifting, and asset protection. Assets placed inside cannot be easily removed later because you essentially relinquish ownership of those assets to the trust.
Pennsylvania Clean And Green
In 1974, Pennsylvania enacted a law amid fears that farmers were going to be taxed off their lands and their property would be paved over. Clean and Green is most often advertised as a way to help the struggling farmer. It allows for owners to apply for a reduced property tax assessment if they have 10 acres or more and fall under three categories: (1) agricultural use (working farm); (2) forest reserve (wooded areas); and (3) agricultural reserve (open space). Properties of less than 10 acres are able to be a part of the program, provided that they can prove that at least $2,000 in annual income is through agriculture.
Ten New Pennsylvania Laws Now In Effect
Check out these ten New Pennsylvania Laws Now In Effect That Could Affect Your Life.
Three Estate Planning Mistakes Farmers and Ranchers Make and How to Avoid Them
Farming or ranching is more than a means of livelihood – it is about preserving a legacy and unique way of life. An out of date or inadequate estate plan could result in a farm or ranch that has been passed down for generations ending up being sold and converted into non-agricultural use.
Three Essential Tips for Protecting Your Important Legal Paperwork in a Natural Disaster
2018 was no stranger to natural disasters. From multiple earthquakes, back-to-back hurricanes, and raging wildfires, the United States and abroad has suffered some serious natural disasters. These acts of nature can devastate your life and your family. Who knows what 2019 will bring.
Where there’s a Will there’s a Way
Check out the Top Ten Strangest Will Bequests of all Time.
Pennsylvania Data Breach Notification Law
Employers in Pennsylvania May be Held Responsible for Data Breaches of Employees’ Personal Information.
10 New PA Laws Now in Effect That Could Affect Your Life
New laws in Pennsylvania are now active and each one is worth reading about because they could have a major impact on you or your business.
3 Estate Planning Mistakes Farmers and Ranchers Make
Farming or ranching is more than a means of livelihood, it’s about preserving a legacy. An out of date or inadequate estate plan could result in a farm or ranch that has been passed down for generations ending up being sold and converted into non-agricultural use.
Three Essential Tips for Protecting Your Important Legal Paperwork in a Natural Disaster
While Pennsylvania is not as prone to tornados, wildfires, and some of the other natural disasters seen in other parts of the country, planning for the unexpected is still a necessity.
Top Ten Strangest Will Bequests of all Time
Where there’s a Will there’s a way, and some ways that various WIlls have distributed property and money range from creative to strange.
Employers in PA May be Held Responsible for Data Breaches of Employees’ Personal Information
On November 21, 2018, the PA Supreme Court issued a decision regarding breaches of employer’s security that results in disclosure of employee information. Under this newly reformed legal principal, employers can be held financially responsible for not keeping employee information (especially digital information) secure.
Three Signs You Need to Update Your Clients Estate Plan
Estate plans are only useful when they accurately reflect the current state and federal tax law, as well as your client’s circumstances.
Estate Planning Isn’t Spooky! But Not Planning can be Terrifying.
The idea of implementing an estate plan might be one of the scariest things you have to confront as an adult. But estate planning does not have to make chills run down your spine.
Retirement Planning for Business Owners
For many employees, saving for retirement is usually a matter of merely participating in their employer’s 401(k) plan and perhaps opening an IRA for some extra savings.
Helping Entrepreneurs Protect What They’ve Built
Successful entrepreneurs are great at turning their visions into vibrant, thriving businesses. They’re good at many things – but estate planning often isn’t one of them.
Before Your Kids Go Off To College
This is graduation time. This is a time of celebrating your children going to college. Here are things you should do first.
Leaving a Home to Heirs While Still Alive
Estate planning is growing as the baby boomers head towards retirement. The most frequent question is how to deal with their homes for their heirs.
FAQ: Selling a House to a Family Member
Have you ever thought about selling a property to a family member? Here are questions you should consider before going forward.
Purchasing Property Without Your Spouse: The Pros and Cons
Purchasing property with only one name on the property deed is not always a bad idea. Here are a few reasons why it can be a good move.
How to Settle An Estate in Pennsylvania
Estate Administration can be complex, but it does not have to be. Here is a general overview of the estate administration process.
How to Plan for Inherited IRAs
Mistakes made with an inherited IRA can quickly become very expensive. During life and after death, IRAs are distributed differently than other assets.
How to Protect Your Child’s Inheritance from an Untrustworthy Spouse
There are many ways to structure your child’s inheritance to help ensure it will remain in the family for future generations.
Provisions of Tax Cuts and Jobs Act Affecting Tax-Exempt Organizations
The Tax Cuts and Jobs Act provides some welcome certainty for many tax-exempt organizations relative to tax-exempt bond financing.
How to Keep Proper Corporate Records
Keeping good corporate records helps you maintain the “corporate veil protection” you need against lawsuits and creditors.
How Pour-Over Wills Ensure Safe Transfer of Assets
Pour-over wills are useful if assets are wide and varied, and by transferring those properties into a trust, ensures distribution per the trust provisions.
10 Types of Trusts: A Quick Look
There’s a myriad of trusts available, so creating an estate plan can seem daunting. Here’s a look at ten common trusts to provide a general understanding.
Real Estate Swaps and Tax Mitigation
Real estate investors are often looking to begin their exit planning, but inevitably the subject of income tax and capital gains tax arise.
Why You Should Use a Professional for Estate Administration
Estate administration can be a complex process requiring familiarity with the process, statutes, and tax forms necessary to distribute the estate.
Executor Tips and the Probate Process Explained
An executor is the personal representative of a decedent’s estate and is responsible for protecting the assets of the deceased person.
What is Tenants in Common and Should I Purchase Property as One?
Tenants in common is an arrangement that comes into play when multiple people decide to purchase property together.
How to Incorporate Digital Assets into your Estate Plan
In the age of digital assets, our online profile has real-world value, beyond the personal value that are facebook posts, texts, and tweets may have.
What to Do with an Inherited House
Generally, there are three options to choose with an inherited house: live in it, rent it, or sell it, and deciding how to proceed can be overwhelming.
What if Nobody Wants your Stuff?
The number of “family treasures” a person can collect over several decades can be overwhelming.
Why You Should Begin Estate Planning During Tax Season
Getting your financial and legal house in order is likely the last thing on your mind during tax season.
Estate Planning After First Baby
Creating an estate plan is often pushed back on nearly everyone’s to-do list. The reasons you might be delaying vary from lack of time, not thinking you have enough assets, not knowing how to start, or fear of contemplating death.
How Long Should You Keep Important Documents?
In a society dominated by paperwork, the question of how long to hold on to important documents has been baffling for most people. We especially worry about documents of a financial or personally identifying nature.
Estate Planning with Rental Property
A comprehensive estate plan should address all of your assets, including rental property.
Opportunities for Small Business Under New Tax Plan
The newly enacted section 199A of the internal revenue code create great tax saving for small business owners and closely held companies.
Can You Bequeath Your Frequent Flyer Miles?
If you’re a frequent airline traveler, one of your estate planning concerns may be what will happen to your frequent flyer miles. They could be worth thousands of dollars, so you probably don’t want them to just disappear.
Benefits of a Trust to Manage Wealth
A trust offers several financial benefits and protections. Learn the fundamentals of setting one up, managing it, and understanding every aspect.
New Opportunities Under Tax Cuts and Jobs Act
Congress has just passed, and President Trump signed the Tax Cuts and Jobs Act on December 22, 2017.
The Benefits of a Legal Assessment for a Company
Legal assessments are beneficial for corporations and small businesses to plan for the upcoming year, to review contracts, to assess risks and to make a plan for the future. Michael Cherewka of Cherewka Law provides an overview of the process in this video.
WBE Certification: What you need to know
Have questions about WBE (Women’s Business Enterprise) Certification? If you are a female majority owner (at least 51%) of a business, you may qualify.
Special Needs Resident Registries
We are seeing more and more municipalities and/or police departments setting up new programs usually called a Special Needs Registry.
8 Signs Your Estate Plan May be Out of Date
Estate Plans, like computer programs, can become outdated. Learn what the eight signs are that can reveal if your Estate Plan is out of date.
College Student Emergency Planning
Here’s an issue many families overlook when children leave for college: That child, in the eyes of the law, is now an adult.
Guardianship in Pennsylvania
In Pennsylvania, all individuals over the age of 18 are considered adults under the law. This poses a problem when a medical issue or handicap prevents someone from making their own decisions.
IRS Update: The Disallowing of Valuation Discounts
Starting January 1 of 2017, the IRS has announced the disallowing of valuation discounts.
What Non-Profits Need to Know About Tax Exemptions and Federal Campaigns
As this presidential campaign continues, it’s important that non-profits and churches understand and avoid certain prohibited activities. Failure to comply could eliminate your non-profit status.
2016 Mergers and Acquisition Activity in Central PA
In this video, Michael Cherewka with Cherewka Law discusses Mergers and Acquisition Activity in Central Pennsylvania during 2016, along with implications for exit and estate planning.
5 Tips to Avoid the Probate Process
Sometimes it’s possible to avoid the probate process. Nick Montagnese of Cherewka Law provides suggestions and insight on how to do just that in this video.
Starting a Business: What Type of Entity Should You Choose
Selecting an entity is one of the most important aspects of starting a business. There are many options, which is right for you? Michael Cherewka shares some insight here.
Buying a Business: What You Need to Know
If you have considered, or are considering, buying a business, it’s not always as straightforward as it may seem. Michael Cherewka discusses considerations you should be aware of before jumping into the process.
What Non-Profits Need to Know About Changes with Real Estate Tax Exemption
The Real Estate Tax Exemption has changed; this is especially relevant to Non-Profits. Learn how these changes apply to you as Michael Cherewka gives an overview.
Tax Update for Early 2016
It may feel as though tax season has just ended, and it has. But, now’s the right time to begin preparing for next year. Attorney Michael Cherewka gives an update on tax planning for the year.
Brief Overview of the Probate Process in Pennsylvania
The probate process varies from one state to another. Nick Montagnese, of Cherewka Law in Harrisburg, Pennsylvania gives a brief overview of the process in Pennsylvania.
What You Need to Know About Pre-Need Insurance
Are you familiar with Pre-Need insurance? Is it something you should carry? Learn more as Nick Montagnese of Cherewka Law discusses this important topic.
Value of Prince’s Estate Grows as Probate Looms
Just like David Bowie’s death taught us earlier this year, the unexpected demise of Prince provides a strong lesson in the importance of proper estate planning. (or the dangers of a lack of proper planning).
How to take Title to property when purchasing a home
An important aspect of purchasing a home is taking Title to property. To learn more, watch this video where Nick Montagnese of Cherewka Law in Harrisburg, Pennsylvania discusses the subject.
How to protect yourself when buying a home
Buying a home is one of the biggest purchases many individuals and/or families will make in their lifetimes. As such, there are legal considerations that are important to understand.
Tips for engaged couples who are going to be married in the near future
There are legal considerations for engaged couples who are going to be married in the near future. Nick Montagnese of Cherewka Law in Harrisburg, Pennsylvania discusses them in this video.
The IRS Took Half of Tony Soprano’s Estate: Don’t Fall into the Same Trap!
Actor and producer, James Gandolfini was famously known as the likeable mafia man Tony Soprano on the long running cable television series, The Sopranos.
How to Avoid Probate Costs
The bad news: probated estates are subject to a variety of costs from attorneys, executors, appraisers, accountants, courts, and state law. Depending on the probate’s complexity, and the size of the estate, fees can run into the tens of thousands of dollars.
Exit Planning: Should you sell your business now or wait
Exit planning is important for all business owners. A popular question is whether you should sell your business now or wait. Michael Cherewka of Cherewka Law in Harrisburg, Pennsylvania answers this question and others in this video.
Special Needs Trusts: What you need to know today
Special Needs Trusts are important for any guardians of individuals with special needs. To learn more about this topic, watch this video where Michael Cherewka of Cherewka Law in Harrisburg, PA discusses options.
Is There an Income Tax Time Bomb Lurking in Your Estate Plan?
As the federal estate tax exemption has ballooned from $1.5 million ten years ago to $5.43 million today, the need for estate tax planning by families has drastically decreased.
Estate Planning: How to deal with personal property
Understanding personal property and how it relates to estate planning is important. In this video, Attorney Michael Cherewka of Cherewka Law in Harrisburg discusses this critical topic.
USING A PENNSYLVANIA POWER OF ATTORNEY FOR GIFTING
Recent changes to the law in Pennsylvania regarding Powers of Attorney allow agents under the power of attorney broader gifting power than under the previous law.
10 TIPS FOR FIRST TIME HOME BUYERS
Before diving into which neighborhood, or how many bedrooms you are looking for, determine what price range you can afford by speaking with a mortgage professional.
Co Executors of a Will in Pennsylvania
One of the decisions that must be made when drafting your Will, is who to name as Executor of your Estate. An Executor is an individual (or an entity such as a trust company), named in the Will, who will administer your estate.
Estate Planning: The Importance of Asset Protection
As it relates to estate planning, the importance of asset protection cannot be understated. It’s important for the future of your business. In this video, Attorney Michael Cherewka of Cherewka Law in Harrisburg discusses this critical topic.
Incapacity is Part of Estate Planning
When many people think about putting in place an estate plan, they often only think about wills, trusts, probate administration, and passing along property and other assets.
Estate Planning: Have You Considered a Business Exit Strategy?
Your business exit strategy is just as important as the initial steps you take to start your business. In this video, Attorney Michael Cherewka of Cherewka Law in Harrisburg, Pennsylvania discusses the importance of a business exit strategy.
Estate Planning: How to Preserve Your Family Legacy
Preserving your family legacy is important, even after you exit the business. In this video, Attorney Michael Cherewka of Cherewka Law in Harrisburg, Pennsylvania discusses how to preserve your family legacy through estate planning.
Estate Planning: What Happens If You Become Disabled
Sometimes the unexpected happens. When it does, being prepared is your best option. In this video, Attorney Michael Cherewka of Cherewka Law in Harrisburg, Pennsylvania discusses how to plan for what will happen if you should become disabled.
Digital Assets and Estate Planning
As a follow-up to our email discussion of including digital assets in your estate planning, there are several websites and services designed to address these issues.
How to Choose an Executor
One of the important decisions you’ll need to make in writing a will in Pennsylvania will be to name an executor.
Estate Planning for Parents
Wanting to protect your children when you aren’t there to do so is one excellent reason to develop an estate plan. Here are some leading child-related issues to consider as part of your estate planning efforts.
For Heirs Requiring Continuing Care, Consider Special Needs Trusts
If the beneficiaries of your estate include anyone with significant physical or mental limitations making it likely he or she will require continuing care, you should think about a special needs trust, especially if it’s important to retain that individual’s eligibility for government benefits programs, such as Medicaid or Supplemental Security Income (SSI).
Why Now is a Good Time to Start Thinking About Your Business Exit Strategy
Have you considered your business exit strategy? Do you have a plan in place?
When You Might Consider Creating a Living Trust
It’s crucial to note a living trust does not take effect until specific assets have been transferred into the trust to fund it; this may require additional paperwork to complete formal transfer of those assets’ title.
The Importance of Establishing a Care Planning Agreement
Have you established a care planning agreement? If not, the time is now. Attorney Michael Cherewka discusses the importance of establishing a care planning agreement in this video.
Delaware Enacts New Model Law to Aid Access to Digital Assets
Gov. Jack Markell’s August 12 signing of the “Fiduciary Access to Digital Assets Act” made Delaware the first state to adopt a comprehensive law giving fiduciaries, including estate representatives, improved access to a decedent’s digital accounts and assets.
End of Year Tax Planning Considerations You Need to Know
The end of the year is rapidly approaching. Are you prepared? Attorney Michael Cherewka discusses end of year tax planning considerations that you should be aware of in this video.
Legal Considerations for You and Your College Student
Sometimes being a parent means taking the time to understand various legal considerations for your child. If you have a child in college or preparing for college, there are certain things to be aware of.
Estate Planning FAQ
Check out my interview, An Overview of Estate Planning on Pennsylvania Homes, one of the top sites for Pennsylvania homes for sale, including Pottstown, PA homes for sale. Pennsylvania Homes also services New York real estate and Connecticut real estate.
Important Estate Planning Questions
Estate planning can be a difficult topic to think about – this does not take away from its importance. It’s a necessary part of life.
Do You Have a Captive Insurance Company? What Might Catch the Attention of the IRS…
IRS examinations of captive insurance arrangements are on the rise. You may now wish to revisit your captive insurance arrangement.
Recent Developments of PA Legislature on Corporate Income Tax
As a business owner, it’s critical to pay attention to changes in legislation that could affect you. Watch this video for recent developments of PA Legislature on Corporate Income Tax to be sure you are in compliance.
Buy-Sell Agreements 2014: What You Need to Know
It’s a new year. With that comes new information that could affect your business. In this video, Attorney Michael Cherewka of Cherewka Law discusses Buy-Sell Agreements in 2014 and what you need to know.
Estate Planning Law: Changes in Federal Estate Law
Estate planning is a necessary action for ensuring your wishes are carried out. Are you prepared? Do changes to the Federal Estate Law effect you? Attorney Michael Cherewka shares important information in this video.
PA Employment Law: How it is Going to Affect Small Businesses
Many small business owners have heard about PA’s Employment Law and may be wondering how it will affect them. Attorney Michael Cherewka with Cherewka Law in Harrisburg, Pennsylvania discusses these changes and their implications for small businesses.
Proposed Regulations Address the 3.8% Net Investment Income (NII) Tax: REG-130507-11
When we first told you about the 3.8% Net Investment Income (NII) tax back in 2010, we noted areas of uncertainty. Recently, the Treasury Department and the IRS released proposed regulations that help clarify many issues.
2013 Tax Law Changes-What You Need To Know
On January 2, 2013, the President signed into law the American Taxpayer Relief Act of 2012. In addition, there are laws that created provisions that came into play in 2013. The major provisions are summarized below.
What You Should Know About Successor Trustees
If you or a loved one is experiencing a significant period of disability, chances are you have heard the term “successor trustee.” If you are not yet in a position to have heard this term, it’s important to understand it before you need to.
Developing a Planned Giving Strategy
Planned giving strategies are critical in order to ensure the money and gifts you’d like to be given in the future are carried out in the way you planned. This is where a planned giving strategy comes into play.
Video: Tax Planning for Farmers
In 2012, Pennsylvania made many tax changes for those involved in the agricultural industry. Attorney Michael Cherewka discusses planning for farmers.
Exit Planning: Know Your Goals
Before any conversations occur with an exit planning attorney, before you can make any big decisions, it’s important to have a detailed understanding of your goals for yourself and your business.
PA Transfer Tax Exemptions: Family Farms Relief
On July 2, 2012 Governor Tom Corbett signed Act 85 into law, which contained two major items of good news for Pennsylvania family farms.
New Video: Phantom Stock Plans
Have you heard of Phantom Stock plans? Have you been offered one? There is information you should be aware of. Attorney Michael Cherewka discusses the subject in detail.
New Video: Exit Strategies
Running a solid business means having a solid exit strategy. Attorney Michael Cherewka discusses ways to pass on your legacy by creating a strong exit strategy.
New Video: Estate Tax Updates
Frustrated with Estate Tax changes following the Fiscal Cliff?
What is Phantom Stock and How Does it Work?
The basic concept of a phantom stock plan involves a company’s agreement or promise to pay an employee or other participant in the plan an amount equal to the value of a certain number (or percentage) of shares of the company’s stock.
Healthcare and the Family Business Seminar
You know that Healthcare is changing but how do you keep up with these ‘shifting sands’ of rules and regulations?
Five Common Succession Planning Problems
Learn about the five common succession planning problems that include inadequate communication, an over-promising parent, unprepared heirs, delayed planning, and lack of liquidity.
Five Common Estate Planning Mistakes
Estate Planning is a process whereby you provide for you and your loved ones if you become disabled, and upon your death you give what you own, to whom you want, when you want, and how you want them to receive it.
Have You Had Your Special Needs Trust Reviewed Lately?
Whether you are a trustee or a parent, it is a good idea to have the SNT reviewed periodically (ideally, annually) with your planning team.
A Six Month Window…2012 Gifting Opportunities
The 2010 Tax Relief Act gives you a chance to transfer substantial wealth free of tax, but you must act quickly.
Why Clear Estate Planning is Essential
The team at Cherewka Law firmly believes that proper estate planning is an important way to prepare for the future while ensuring an outcome you can control.
Top 10 Mistakes in Buy/Sell Agreements
The buy-sell agreement arguably is the most important legal agreement for closely-held entities. The items listed below are common errors we see in these agreements, or items often not addressed.
Guide to Being an Executor of An Estate
The administration and distribution of estate assets following the death of an individual will vary time and cost-wise depending on the structure of the estate (e.g. size, nature of assets, circumstances of the heirs, and whether estate is in trust or probate form, etc.) with the form of the estate (trust or probate) being the most substantial of the factors.
The Pennsylvania Inheritance Tax
Inheritance Tax is imposed on the value of a decedent’s estate transferred to beneficiaries by will or intestacy. It is calculated at a percentage of the value of the assets transferred, which is determined by the relationship of the heir to the decedent and the decedent’s date of death.
Safe Deposit Boxes
Learn the ins and outs of Safety Deposit Boxes.
The Top Ten Mistakes in Life Insurance and Trusts
Learn about the top ten mistakes in life insurance and trusts.
Buying a Home
Buying a home is one of the biggest – if not THE biggest – expenditure you will make. This outline summarizes for prospective home buyers the more important legal and non-legal considerations they may face when purchasing a home.
Pennsylvania’s New Annual Report Filing Requirement for Business Entities
Starting on January 1, 2025, Pennsylvania is implementing a new annual reporting requirement for most domestic and foreign business entities, which...
3 Essential Tips for Non-Profits Preparing Their Annual Reports
As 2024 comes to a close many non-profit organizations are gearing up for the important, and often times tedious, task of preparing their annual...
Veteran’s Protection: Your guide to claiming benefits
To the brave men and women who have served your country with honor and now proudly embrace the title of Veteran, estate planning is not only about...
Family-Owned Businesses and the Intersection of Business, Succession and Estate Planning
Family-owned businesses are the backbone of many economies, contributing not just to local communities but also to national growth and innovation....
What does a real estate attorney do?
Buying a house is stressful. Selling a house is stressful. Property transactions in general are stressful. These are facts. According to a 2022...
Mid-Year Update: Corporate Transparency Act
Summary of CTA Due Dates We are writing with a mid-year update on the Corporate Transparency Act (the “CTA”). Our summary of the CTA issued earlier...
When should you start estate planning?
Deciding to officially start the estate planning process is a wise move but one that doesn’t necessarily hinge on a specific date, age or life...
Legal Considerations for Every Stage of Running a Small Business
Small businesses require and deserve comprehensive and thoughtful legal counsel. In most cases, to be labeled as a small business according to the...
How can you protect your agricultural assets?
A quick glance at the financial forecasting for American farms in 2024 can leave one feeling disheartened regarding the estimated 25% decrease in...
Family Dynamics in Elder Law
Elder Law differs from many other legal practices because it is often not defined by what attorneys do, but rather who they serve. Elder Law...
How a Trust Benefits Your Special Needs Child
The legacy that parents leave their child can impact generations. This is especially true when navigating the challenges of planning for the...
How to Implement a Tuition Loan Program
Tuition Reimbursement Infographic
Why Small Businesses Should Consult Both an Accountant and a Tax Attorney
Tax season often highlights the riddle of tax code intricacies and compliance. This is especially true for businesses. Many small business owners...
Top Tips for Engaged Couples
Getting engaged is a thrilling and exciting time in any couple's life. While planning the wedding may be top of mind, there are other crucial...
3 Key Mistakes to Avoid in Powers of Attorney
Top 3 Mistakes to Avoid When Creating a Power of Attorney Creating a Power of Attorney (POA) is a significant step in managing your affairs, be it...
What Happens to Minor Children When Parents Die Without a Will
Losing a parent is a heart-wrenching experience, and the thought of what happens to minor children when their parents die without a will can be a...
11 Reasons to Hire an Estate Administration Attorney
Estate administration can be a daunting task, particularly during a time of grief. It involves managing and distributing a deceased person's assets...
A Guide to Preventing or Resolving Family Estate Disputes
Rivalry among siblings. Most families cannot avoid it.
There Is Much More to a Will Than Transferring Assets
A survey conducted by Care.com revealed that 57% of Americans do not have a Last Will and Testament (a “Will”).
Advance Healthcare Directives: Their Importance
There is a wrenching question that demands an answer, especially in the current Covid-19 epidemic: In the event of a life-threatening illness, how far would you be willing to go in order to prolong your survival?
A Brief Overview of Irrevocable and Revocable Trusts
It is common to use revocable and irrevocable trusts in the estate planning process. Each has benefits and drawbacks depending on your goals.
Update Your Estate Plan on a Regular Basis
In addition to checking your estate planning documents every so often, you should also keep them up to date in case of a life-changing event, such as a birth, marriage, divorce, or move to a new state.
Pennsylvania Probate Essentials: When It’s Required and How to Proceed
Discover when probate is required in Pennsylvania and gain insights into the process, alternatives, and practical tips to help you navigate the complexities of estate administration efficiently.
Does an Executor have to show an Accounting to Beneficiaries?
Explore the responsibilities of executors in Pennsylvania, focusing on their obligation to disclose estate accounting to beneficiaries, the types of accountings, and the importance of transparency during the estate administration process.
It’s Important to Know the Potential Pitfalls of Beneficiary Designations
The idea of leaving your property to your heirs might seem straightforward. You make a will or a trust, you do a transfer-on-death deed for your real estate, you put your kids on your bank account, you designate beneficiaries for your life insurance and retirement accounts, and you’re done.
Do Spouses Automatically Have Power of Attorney in Pennsylvania? A Comprehensive Analysis
Explore the misconceptions surrounding spousal power of attorney in Pennsylvania, and learn about the importance of establishing a valid power of attorney within a marriage to protect mutual interests and ensure legal authority in critical decision-making.
25 Key Questions to Ask Your Estate Planning Attorney: Securing Your Legacy
Discover the top 25 questions you must ask your estate planning attorney to ensure your assets are protected, your loved ones are cared for, and your legacy is preserved. Find the right legal expert with our comprehensive guide.
PA Probate Timeline: How Long Does the Probate Process Take in Pennsylvania?
Explore the ins and outs of the probate process in Pennsylvania with this comprehensive article, which delves into factors that impact probate duration, an overview of the steps involved, and strategies for streamlining the process to ensure efficient estate administration and distribution.
Probate Law Demystified: A Comprehensive Guide to Understanding the Role of a Probate Lawyer
Discover the intricacies of the probate process in Pennsylvania with this comprehensive guide, covering factors that influence probate duration, insights, and strategies to ensure a smooth experience for all involved parties.
As Part of Your Will or Trust, Include a Memorandum About Your Personal Property
It is common for family members to argue over a parent’s favorite items after the death of their loved one. Arguments can take place over things like a coffee mug, a piece of jewelry, or a painting.
Who Should You Appoint as Your Will Executor?
Choosing the right executor for your will is crucial. Learn the process of selecting the right person to carry out your final wishes from an estate planning attorney.
A Living Will: Why You Need One
In a living will, you specify what type of treatment you would like to receive when you die.
The Powers of Attorney Age With Time: Take Action Now
As a result of his illness, my uncle needed me to pay his bills while he is in the hospital. He named me as his financial power of attorney in 2002, so I could write checks on his bank account when he couldn’t.
Making Sure Your Will Is Valid Is Crucial
Only 33 percent of Americans have a will, despite the fact that more than 50 percent find estate planning important.
Is It Necessary to Disinherit Your Special Needs Child for Benefit Protection?
It is a challenge and opportunity for families with special needs children to protect the future of their children.
How to Discuss Inheritance With Your Children
estate planning, baby boomers, inheritance
People With Special Needs Have a Variety of Legal Options
Disability and special needs individuals are supported and empowered by the Americans with Disabilities Act (ADA).
As Part of an Inheritance, Family Values Should Be Passed On
Families can face challenges dealing with and formalizing the inheritance of values and assets, especially if they wait too long to start teaching values.
Does Medicaid Pay for a Nursing Home?
There is an acronym called LASA, or “look-alike-sound-alike,” that is commonly used when referencing medications.
Trust: Do I Need One?
One of the most common questions we receive is this one. The following information can help you decide whether a trust is right for you and, if so, which type is best for your unique situation.
Make Sure Your Estate Plan Up-To-Date to Avoid Unnecessary Trouble
Intestacy laws determine your estate’s financial future and the legacy you leave for your loved ones if you don’t have a plan.
Estate Settlement Without a Will
Caring.com reports that, despite the COVID-19 pandemic, overall percentages of older Americans without a will remain unchanged. Remarkably, younger adults with a will show an increase of sixty-three percent comparative to pre-pandemic times.
Understanding Annuities for Married Couples That Comply With Medicaid
An annuity is a financial product that pays a fixed amount of money every year throughout the life of the annuitant. Most annuities are deferred, meaning the payout doesn’t occur until a later date.
Whether You Have a Will or Not, Understanding the Probate Process Is Important
The probate process is something that happens after someone passes away, and it takes place in probate court. Unfortunately, fewer people know that it can be a long and complicated process. It can sometimes take months, or even years, to complete.
The Advance Directive Process Requires Discussing Treatment
There is no doubt that contemplating our own death is one of life’s greatest challenges. Yet it is very important to think carefully about the medical treatment we would want for that challenging time.
How to Handle the Death of a Family Member Without a Will
In the wake of the COVID-19 pandemic, more Americans are becoming aware of the importance of having a will, a living trust, and a living will....
How Is the Probate Attorney Involved in Representing the Executor or Estate Heirs?
Understanding the lawyer's role at the beginning of the probate process is one of the first things you should do, whether you are the Executor or an...
Probate Is the Process of Transferring Property
Legally, probate is the process of authenticating the will of a deceased person, reviewing their assets, paying their debts and taxes, and...
What To Do If You Win The Lottery
At the time this article is being written the “Powerball” jackpot has reached an all time high of $1.9 billion dollars. When the lottery winnings...
The Estate Planning Guide for Crypto-currency
In the case of digital assets, traditional estate planning elements are mostly obsolete. Crypto-assets may comprise significant individual wealth in...
Tips for Selecting a Continuing Care Retirement Community
In the U.S., continuing care retirement communities (CCRCs) are becoming more popular. Sometimes referred to as life plan communities, the goal is to provide a long-term care option for older residents.
The Combination of Estate Planning and Elder Law Equals Life Care Planning
Elder law and estate planning are often used interchangeably, but there are significant differences between them. While some overlap exists between the two, learning and implementing strategies from both law practice types is crucial to prepare for successful aging and preserve a family legacy.
Out-Of-Pocket Costs Associated With Alzheimer’s Disease, Medicare, and Medicaid
There is a report published by the Alzheimer’s Association (alz.org) entitled Alzheimer’s Disease Facts and Figures. The findings give pause when contemplating the future of many Americans who will be living with crippling dementia.
How Cryptocurrency and NFTs Fit into Your Estate Plan
Five years ago, cryptocurrency was probably not on your radar. Today, it may be an important investment in your portfolio. You could even own some...
Planning for Your Digital Legacy
An estate plan often focuses on tangible property such as jewelry, artwork, money, and vehicles. However, in this age of technology, it is important...
What Does a “Fiduciary” Do?
There may be a situation in which you are asked to act as power of attorney for a family member or friend. Your person may be planning for when they might become unable to take care of their affairs.
Planning Your Veteran’s Benefits Has Never Been More Important
COVID-19 will not disappear as many hoped. The disease is more deadly for those over 65, according to studies. Individuals living in senior living communities, such as independent living, assisted living, memory care, and nursing homes have the highest risk of becoming infected and possibly dying from the virus or a secondary illness, such as pneumonia, after being weakened from the virus.
The Process of Preparing a Living Will
In the event of an accident or illness that prevents you from making medical decisions, an advance health care directive outlines how you want medical professionals to act. A living will is crucial for all adults because accidents or a sudden onset of severe or terminal illness can happen anytime, rendering you unable to make medical choices.
Is Medicaid Crisis Planning Necessary?
As part of the Medicaid program, individuals who meet certain asset requirements can obtain assistance in paying for long-term care (LTC). Long-term care often creates devastating financial impacts on Americans, particularly the elderly, and for those family members who lose hours of income (and more) while providing care for their loved ones.
Veterans Administration and US Postal Service Partner to Prevent Fraud and Scams Among Veterans
USPS Inspection Service (USPIS), a division of the United States Postal Service, has entered into a two-year agreement with the Veterans Administration Privacy Service (Office of Privacy and Records Management, OPRM) to provide veterans and their dependents with information regarding scams and protecting personal information.
Advance Directives: What Do They Entail?
The tears were streaming down Kevin’s face as he stands at the door of Winnie’s nursing home room. The medical staff just finished inserting a feeding tube into Winnie – an act Kevin knew she didn’t want.
Veterans Exposed to Toxic Burn Pits and VA Benefits
The United States Congress is in the process of passing a broad bill expanding health care and benefits for US service members exposed to burn pits overseas, despite some details needing finalization.
The Effects of Diet and Exercise on Alzheimer’s Disease
Don’t ignore your memory concerns or those of a loved one.
Cracking the Code: How to Know if Medicare Pays for Nursing Home Care
Many people wonder whether Medicare covers long-term care, which is a combination of medical and non-medical services provided to individuals who are unable to perform basic daily activities on their own.
The Five Most Important Legal Documents
All Americans who wish to protect their families and themselves must have an estate plan. Making sound decisions regarding finances and healthcare can become challenging as you age due to diminished mental capacity or declining health.
Conservatorships Are Avoided With Durable Powers of Attorney
Legal guardianship over an adult is known as a conservatorship. Decisions and actions can be made on behalf of another (or several people). The conservator is the person(s) with the power to make decisions, and the conservatee is the adult who needs help with their financial, health care, living arrangements, and daily affairs due to old age, physical or mental limitations. Some conservatorships are broader than others. For example, some conservators may only have authority over financial decisions, not medical ones.
Benefits and Long-Term Care Planning for Veterans
Are veteran Department of Veterans Affairs benefits may be used to help cover the costs of long-term care? The answer is, as with most governmental things, complicated. A much-underused pension benefit known as Aid and Attendance can provide some money to cover costs for assistance performing everyday tasks. Aid and Attendance benefits may even be available to veterans with incomes above the eligibility limit if they have a large enough medical expense(s) for which they receive no reimbursement.
Understanding Revocable Trusts
This was a question we received from a client: A revocable trust created by my brother left money to my children – but they could only use that money if they went to Tanzania to see elephants. Why can’t my kids put that money toward something they could use, like paying off their mortgages? The trustee says she has no choice, and she has to follow my brother’s instructions.
An Overview of Probate
According to the American Bar Association (ABA), probate is the process of giving formal recognition to a will and delegating the responsibility for administering the estate to intended beneficiaries. Navigating the probate process will vary according to state law. Therefore, it is good to contact a probate lawyer to determine if the estate is small enough to bypass formal probate, whether the fiduciary must be bonded (this requirement is often waived in the will), and what reports are necessary to prepare.
An Analysis of Elder Law and Estate Planning
Estate planning and elder law serve different functions, but both are equally vital to protecting yourself and your family.
Eliminating Unexpected Medical Bills
A medical emergency is hard enough, but when huge bills arrive despite your insurance coverage, the pain may only get worse.
The Greatest Wealth Transfer in US History
History has never seen a financial situation quite like this before. Baby boomers preparing to pass on their legacies through estate plans put America at the brink of the largest ever transfer of wealth.
Generating Wealth After You Are Gone: Controlling Your Legacy
For generations to come, you have worked hard to create and protect your legacy. But have you thought about the impact it will have on family members who are in different stages of life after you are gone?
Estate Planning in the Digital Age: 4 Obstacles to Avoid
The Internet of Things (IoT) is intertwining our lives, so identifying and managing the digital property we own is more critical than ever. From smart home devices to online investments and bank accounts, we’ve gone way beyond using the internet to email family and social media to connect with friends.
Ensure Your Final Wishes Are Fulfilled
There can never be enough emphasis placed on making end-of-life preparations. Many put off making these plans thinking there is always time. The sad reality is that none of us are guaranteed time.
A Guide to Home Improvements for Aging in Place
As Americans age, they generally want to stay in their homes and communities. Americans are living longer, and most of them want to age in their own homes and communities.
The Importance of Estate Planning for Those With Special Needs
Special needs trusts, often referred to as supplemental needs trusts are an estate planning tool particularly useful for parents of mentally and physically disabled children.
Revocable vs Irrevocable Trusts
Different types of trust exist for estate planning purposes; revocable and irrevocable trusts are the most common.
In Order to Avoid the Medicaid Penalty Period, Follow These Steps
A person must meet the qualifications of limited income and assets to receive Medicaid assistance for nursing home care, assisted living, home health care, or adult foster care.
Estate Planning and Goals: Communicating With Family Members
A comprehensive estate plan is the first step to transferring wealth to your loved ones successfully. However, many of us often overlook the crucial part of communicating our estate plan to family and heirs.
Estate Planning 101: How to Leave Assets to Minor Children
Learn the foundations of a Last Will, the fundamentals of a Trust, and how to leave assets for minor children.
Do I need Title Insurance?
If you are in the process of purchasing a new home, an investment property, or maybe a vacation home, you may have heard that you need or don’t need title insurance.
Closing Issues That May Lead to a Real Estate Dispute
Here’s what you need to know about closing issues that often lead to a real estate dispute. Learn more from Cherewka Law.
Guide to Estate Planning as a Young Adult
Estate planning as a young adult is not as complicated as it may seem. Cherewka Law breaks it down in this easy to follow guide.
What To Do When a Parent Passes Away
Cherewka Law provides some actions that need attention after a parent passes away. Read more here.
Does a Living Trust Help Avoid Probate?
If you want to ensure your loved ones have a more comfortable experience with enacting your will, then setting up a living trust can keep your family from probate.
What is a Trust and why would I need one?
Estate planning can involve many different types of documents and planning tools. Most people know and understand what a will is. You may have heard of a trust, but don’t quite understand how they work or what their function is.
The Importance of Including your Children in Estate Planning
The absence of communication among family members can lead to family disagreements and complications. This is why including your children in the estate planning process is important.
Understanding Special Needs Trusts
With the right plan, you can rest assured that your child will be cared for when you are gone. Learn everything about special needs trusts from Cherewka Law.
Top 5 Elder Law Questions
Caring for a parent or family member as they age is something most of us will have to deal with at some point in our life.
What You Need to Know About PA Real Estate Seller Disclosure Law
Why exactly are sellers obligated to disclose all this information to the buyer? Read on to find out how it can serve to protect you down the line.
What is the Time Limit to Probate a Will in Pennsylvania?
When a parent or a grandparent suddenly passes away, the family is usually left to take care of their assets, including their estate.
Common Estate Planning Terms
Having an estate plan is the best way to protect your family and preserve your legacy; if you’re delving into creating one, here are the terms you need to know.
Do I Need to Hire an Elder Law Attorney?
Deciding to place a loved one in long term care can be one of the most difficult decisions a person has to make. When, where, and how to pay for it are all common questions.
What is a 1031 Exchange and how can they save you money?
When you sell a piece of real estate, income taxes are due on the gain from the sale. For example, if you purchase a property for $100,000, and several years later, sell it for $300,000, income taxes will be owed on $200,000 (the gain).
Do I need a Real Estate Attorney to Purchase a House in Pennsylvania
Purchasing or selling a house is one of the most important decisions a person will make. Most people will use a real estate agent when buying or selling their home and will rely on their expertise to guide them through the transaction.
5 Mistakes Buyers Should Avoid Before Closing on Their Home
Purchasing a home can be an exciting and nerve-racking time. There is always so much information and misinformation about how to approach the process the right way.
How Probate Guardianship Works
Guardianship is the process for an adult family member, friend, or professional, who is not a child’s or incapacitated person’s parent to be appointed by the court, to take care of that individual’s property.
Estate Planning 101 for Single People
Future planning and decision making can be a challenge. Planning can be even more complex when it involves plans for your estate.
Estate Planning for Single Person
Future planning and decision making can be a challenge. Planning for your estate can be even more complex because thinking about death can be difficult.
What Happens to Debt After Death?
What happens to debt after death? Who is responsible? Find out all you need to know from the probate lawyers at Cherewka Law.
What Happens If I Don’t Have an Estate Plan?
Death can be a terrifying thing to face. However, planning for our own death is one of those difficult things we must face before we pass away to better prepare those who will survive us. One action we can take is to prepare an estate plan.
Probate Attorney In Cumberland County, PA
Considering hiring a probate lawyer in Cumberland County, PA? Learn why Cherewka Law has been trusted in Cumberland County for over 30 years.
What Happens After Probate is Closed In Pennsylvania?
Closing an estate in PA can be lengthy and you need to be sure you follow all the proper protocols. Find out here what happens after probate is closed.
Ten Tips for Engaged Couples
December is the most popular month for engagements. Young people getting engaged in Pennsylvania face many legal hurdles. Here are ten tips to help you navigate those legal hurdles.
How to Get a Business License in PA
“How to a apply for a business license in Pennsylvania.” This is a common question for entrepreneurs in PA. The surprising answer is that there is no general business licenses that every business must apply in Pennsylvania. Many states require that all businesses register annually (e.g. Nevada, New York, or Michigan). This is not the case in Pennsylvania.
What if I Am Named as Executor in Someone Else’s Will?
All too often, people create their Wills and name a personal representative (the Executor) without speaking with the people the name.
Five Types of Risk Businesses Face
Pursuing a business venture naturally involves risk. Eliminating all risk is not an option—there are many factors beyond your control, and it is impossible to prevent every circumstance that might deviate from your plans. Nevertheless, you can decrease the degree of risk to which your business is exposed by identifying risks and taking proactive steps to mitigate them. The following five types of risk are the most common risks businesses face.
What Are My Duties If I Agree To Serve As An Executor?
The executor’s first duty is to gather and secure the estate’s assets. Finding all of the assets may not be easy.
What Is Probate?
We often hear that “Probate” is something we want to avoid. But what is “probate”?
What Taxes Are Due When Someone Dies?
When an individual dies, there are four taxing systems that come into play: the Pennsylvania Inheritance Tax; the Federal Estate Tax; the Decedent’s final income tax returns (Pennsylvania and Federal and local earned income tax); and the income tax returns for the Estate (Pennsylvania and Federal).
What Is A Gun Trust and Why Should You Have One?
If you’re gun owner, you’ve likely heard the term “gun trust,” but you may not understand what a gun trust is, how it works or how it can be of use in an estate plan. A gun trust is the generic that can describe many types of revocable or irrevocable management trusts that are created to take title to firearms. Revocable trusts are more common and often preferred, as they can be amended and changed during the lifetime of the grantor.
Parent’s Estate: Probate Without a Lawyer
Often a child or family member of an individual who has recently passed away will consider tackling the estate administration process without hiring an estate attorney. Whether it is the cost of retaining counsel, or the “do-it-yourself” personality, some individuals believe that hiring a lawyer is an unnecessary expense which can easily be avoided. The truth is that there is no legal requirement to hire a lawyer, and there are many individuals who have successfully navigated the probate process without counsel. All too often, however, an executor will find themselves stuck, or worse yet, trying to correct a mistake that could leave them personally financially liable.
How Will Pennsylvania’s New Digital Asset Law Effect Your Estate?
Most people in Pennsylvania have some sort of digital assets by now. Virtually every financial institution in the country now offers online account access, e-statements, and virtual transactions.
Treating Children Fairly Does Not Necessarily Mean Equally
Most parents want to treat their children fairly in their estate planning and many assume that means having their children inherit equally. But fair does not necessarily mean equal. There may be special circumstances to consider.
Are Holographic Wills Enforceable?
Princess Diana Thought So… Princess Diana of Wales was one of the world’s most loved celebrities – and one of the richest. Her tragic death in 1997 was world news. The majority of her estate, reportedly worth $40 million at the time of her death, was divided between Prince William and Prince Harry in her estate plan.
Asset Protection Planning for the Modern Client
Only the very wealthy and those in high-risk professions need asset protection planning, right? That’s a myth. In reality, we all need asset protection. Why? Because we all can be sued and lose everything we have. A car accident, business failure, foreclosure, medical crisis, or injured tenant can result in a monetary judgment that will decimate your client’s finances.
Strategies for Saving on 2019 Income Taxes
Now is the time to begin looking at ways to minimize your 2019 income tax bill. This letter outlines several strategies to consider before the end of the year. We realize this is a lot of tax talk, but rest assured, we’re happy to walk you through how to determine the best strategy for you layman’s terms.
What is Estate Planning and Why Is It Important?
Estate planning, like retirement planning or life insurance, is an important step to ensure your family’s well-being in times of uncertainty. You may have heard about estate planning before, but may be unsure as to exactly what an estate plan is. We want to help answer that question.
New Law Changes That Affect Pennsylvania Beer Drinkers
Sales Tax on Beer – This summer, the cost of your beers are going to increase. Starting on July 1, 2019, the Pennsylvania Department of Revenue will be collecting 6 percent sales tax for every dollar of beer that is sold directly to consumers via brewery taprooms, tasting rooms, and brewpubs. In essence, a $6 beer today will cost a consumer at minimum of $6.36 after July 1st.
Irrevocable Trusts Protect Loved Ones, Assets
Signing away ownership of assets often seems contradictory when you start to think about creating an estate plan that gives you control of what happens to your accumulated assets and meets your goals for financially protecting loved ones.
However, you might wish to create an Irrevocable Trust for many purposes, such as reducing taxes, gifting, and asset protection. Assets placed inside cannot be easily removed later because you essentially relinquish ownership of those assets to the trust.
Pennsylvania Clean And Green
In 1974, Pennsylvania enacted a law amid fears that farmers were going to be taxed off their lands and their property would be paved over. Clean and Green is most often advertised as a way to help the struggling farmer. It allows for owners to apply for a reduced property tax assessment if they have 10 acres or more and fall under three categories: (1) agricultural use (working farm); (2) forest reserve (wooded areas); and (3) agricultural reserve (open space). Properties of less than 10 acres are able to be a part of the program, provided that they can prove that at least $2,000 in annual income is through agriculture.
Ten New Pennsylvania Laws Now In Effect
Check out these ten New Pennsylvania Laws Now In Effect That Could Affect Your Life.
Three Estate Planning Mistakes Farmers and Ranchers Make and How to Avoid Them
Farming or ranching is more than a means of livelihood – it is about preserving a legacy and unique way of life. An out of date or inadequate estate plan could result in a farm or ranch that has been passed down for generations ending up being sold and converted into non-agricultural use.
Three Essential Tips for Protecting Your Important Legal Paperwork in a Natural Disaster
2018 was no stranger to natural disasters. From multiple earthquakes, back-to-back hurricanes, and raging wildfires, the United States and abroad has suffered some serious natural disasters. These acts of nature can devastate your life and your family. Who knows what 2019 will bring.
Where there’s a Will there’s a Way
Check out the Top Ten Strangest Will Bequests of all Time.
Pennsylvania Data Breach Notification Law
Employers in Pennsylvania May be Held Responsible for Data Breaches of Employees’ Personal Information.
10 New PA Laws Now in Effect That Could Affect Your Life
New laws in Pennsylvania are now active and each one is worth reading about because they could have a major impact on you or your business.
3 Estate Planning Mistakes Farmers and Ranchers Make
Farming or ranching is more than a means of livelihood, it’s about preserving a legacy. An out of date or inadequate estate plan could result in a farm or ranch that has been passed down for generations ending up being sold and converted into non-agricultural use.
Three Essential Tips for Protecting Your Important Legal Paperwork in a Natural Disaster
While Pennsylvania is not as prone to tornados, wildfires, and some of the other natural disasters seen in other parts of the country, planning for the unexpected is still a necessity.
Top Ten Strangest Will Bequests of all Time
Where there’s a Will there’s a way, and some ways that various WIlls have distributed property and money range from creative to strange.
Employers in PA May be Held Responsible for Data Breaches of Employees’ Personal Information
On November 21, 2018, the PA Supreme Court issued a decision regarding breaches of employer’s security that results in disclosure of employee information. Under this newly reformed legal principal, employers can be held financially responsible for not keeping employee information (especially digital information) secure.
Three Signs You Need to Update Your Clients Estate Plan
Estate plans are only useful when they accurately reflect the current state and federal tax law, as well as your client’s circumstances.
Estate Planning Isn’t Spooky! But Not Planning can be Terrifying.
The idea of implementing an estate plan might be one of the scariest things you have to confront as an adult. But estate planning does not have to make chills run down your spine.
Retirement Planning for Business Owners
For many employees, saving for retirement is usually a matter of merely participating in their employer’s 401(k) plan and perhaps opening an IRA for some extra savings.
Helping Entrepreneurs Protect What They’ve Built
Successful entrepreneurs are great at turning their visions into vibrant, thriving businesses. They’re good at many things – but estate planning often isn’t one of them.
Before Your Kids Go Off To College
This is graduation time. This is a time of celebrating your children going to college. Here are things you should do first.
Leaving a Home to Heirs While Still Alive
Estate planning is growing as the baby boomers head towards retirement. The most frequent question is how to deal with their homes for their heirs.
FAQ: Selling a House to a Family Member
Have you ever thought about selling a property to a family member? Here are questions you should consider before going forward.
Purchasing Property Without Your Spouse: The Pros and Cons
Purchasing property with only one name on the property deed is not always a bad idea. Here are a few reasons why it can be a good move.
How to Settle An Estate in Pennsylvania
Estate Administration can be complex, but it does not have to be. Here is a general overview of the estate administration process.
How to Plan for Inherited IRAs
Mistakes made with an inherited IRA can quickly become very expensive. During life and after death, IRAs are distributed differently than other assets.
How to Protect Your Child’s Inheritance from an Untrustworthy Spouse
There are many ways to structure your child’s inheritance to help ensure it will remain in the family for future generations.
Provisions of Tax Cuts and Jobs Act Affecting Tax-Exempt Organizations
The Tax Cuts and Jobs Act provides some welcome certainty for many tax-exempt organizations relative to tax-exempt bond financing.
How to Keep Proper Corporate Records
Keeping good corporate records helps you maintain the “corporate veil protection” you need against lawsuits and creditors.
How Pour-Over Wills Ensure Safe Transfer of Assets
Pour-over wills are useful if assets are wide and varied, and by transferring those properties into a trust, ensures distribution per the trust provisions.
10 Types of Trusts: A Quick Look
There’s a myriad of trusts available, so creating an estate plan can seem daunting. Here’s a look at ten common trusts to provide a general understanding.
Real Estate Swaps and Tax Mitigation
Real estate investors are often looking to begin their exit planning, but inevitably the subject of income tax and capital gains tax arise.
Why You Should Use a Professional for Estate Administration
Estate administration can be a complex process requiring familiarity with the process, statutes, and tax forms necessary to distribute the estate.
Executor Tips and the Probate Process Explained
An executor is the personal representative of a decedent’s estate and is responsible for protecting the assets of the deceased person.
What is Tenants in Common and Should I Purchase Property as One?
Tenants in common is an arrangement that comes into play when multiple people decide to purchase property together.
How to Incorporate Digital Assets into your Estate Plan
In the age of digital assets, our online profile has real-world value, beyond the personal value that are facebook posts, texts, and tweets may have.
What to Do with an Inherited House
Generally, there are three options to choose with an inherited house: live in it, rent it, or sell it, and deciding how to proceed can be overwhelming.
What if Nobody Wants your Stuff?
The number of “family treasures” a person can collect over several decades can be overwhelming.
Why You Should Begin Estate Planning During Tax Season
Getting your financial and legal house in order is likely the last thing on your mind during tax season.
Estate Planning After First Baby
Creating an estate plan is often pushed back on nearly everyone’s to-do list. The reasons you might be delaying vary from lack of time, not thinking you have enough assets, not knowing how to start, or fear of contemplating death.
How Long Should You Keep Important Documents?
In a society dominated by paperwork, the question of how long to hold on to important documents has been baffling for most people. We especially worry about documents of a financial or personally identifying nature.
Estate Planning with Rental Property
A comprehensive estate plan should address all of your assets, including rental property.
Opportunities for Small Business Under New Tax Plan
The newly enacted section 199A of the internal revenue code create great tax saving for small business owners and closely held companies.
Can You Bequeath Your Frequent Flyer Miles?
If you’re a frequent airline traveler, one of your estate planning concerns may be what will happen to your frequent flyer miles. They could be worth thousands of dollars, so you probably don’t want them to just disappear.
Benefits of a Trust to Manage Wealth
A trust offers several financial benefits and protections. Learn the fundamentals of setting one up, managing it, and understanding every aspect.
New Opportunities Under Tax Cuts and Jobs Act
Congress has just passed, and President Trump signed the Tax Cuts and Jobs Act on December 22, 2017.
The Benefits of a Legal Assessment for a Company
Legal assessments are beneficial for corporations and small businesses to plan for the upcoming year, to review contracts, to assess risks and to make a plan for the future. Michael Cherewka of Cherewka Law provides an overview of the process in this video.
WBE Certification: What you need to know
Have questions about WBE (Women’s Business Enterprise) Certification? If you are a female majority owner (at least 51%) of a business, you may qualify.
Special Needs Resident Registries
We are seeing more and more municipalities and/or police departments setting up new programs usually called a Special Needs Registry.
8 Signs Your Estate Plan May be Out of Date
Estate Plans, like computer programs, can become outdated. Learn what the eight signs are that can reveal if your Estate Plan is out of date.
College Student Emergency Planning
Here’s an issue many families overlook when children leave for college: That child, in the eyes of the law, is now an adult.
Guardianship in Pennsylvania
In Pennsylvania, all individuals over the age of 18 are considered adults under the law. This poses a problem when a medical issue or handicap prevents someone from making their own decisions.
IRS Update: The Disallowing of Valuation Discounts
Starting January 1 of 2017, the IRS has announced the disallowing of valuation discounts.
What Non-Profits Need to Know About Tax Exemptions and Federal Campaigns
As this presidential campaign continues, it’s important that non-profits and churches understand and avoid certain prohibited activities. Failure to comply could eliminate your non-profit status.
2016 Mergers and Acquisition Activity in Central PA
In this video, Michael Cherewka with Cherewka Law discusses Mergers and Acquisition Activity in Central Pennsylvania during 2016, along with implications for exit and estate planning.
5 Tips to Avoid the Probate Process
Sometimes it’s possible to avoid the probate process. Nick Montagnese of Cherewka Law provides suggestions and insight on how to do just that in this video.
Starting a Business: What Type of Entity Should You Choose
Selecting an entity is one of the most important aspects of starting a business. There are many options, which is right for you? Michael Cherewka shares some insight here.
Buying a Business: What You Need to Know
If you have considered, or are considering, buying a business, it’s not always as straightforward as it may seem. Michael Cherewka discusses considerations you should be aware of before jumping into the process.
What Non-Profits Need to Know About Changes with Real Estate Tax Exemption
The Real Estate Tax Exemption has changed; this is especially relevant to Non-Profits. Learn how these changes apply to you as Michael Cherewka gives an overview.
Tax Update for Early 2016
It may feel as though tax season has just ended, and it has. But, now’s the right time to begin preparing for next year. Attorney Michael Cherewka gives an update on tax planning for the year.
Brief Overview of the Probate Process in Pennsylvania
The probate process varies from one state to another. Nick Montagnese, of Cherewka Law in Harrisburg, Pennsylvania gives a brief overview of the process in Pennsylvania.
What You Need to Know About Pre-Need Insurance
Are you familiar with Pre-Need insurance? Is it something you should carry? Learn more as Nick Montagnese of Cherewka Law discusses this important topic.
Value of Prince’s Estate Grows as Probate Looms
Just like David Bowie’s death taught us earlier this year, the unexpected demise of Prince provides a strong lesson in the importance of proper estate planning. (or the dangers of a lack of proper planning).
How to take Title to property when purchasing a home
An important aspect of purchasing a home is taking Title to property. To learn more, watch this video where Nick Montagnese of Cherewka Law in Harrisburg, Pennsylvania discusses the subject.
How to protect yourself when buying a home
Buying a home is one of the biggest purchases many individuals and/or families will make in their lifetimes. As such, there are legal considerations that are important to understand.
Tips for engaged couples who are going to be married in the near future
There are legal considerations for engaged couples who are going to be married in the near future. Nick Montagnese of Cherewka Law in Harrisburg, Pennsylvania discusses them in this video.
The IRS Took Half of Tony Soprano’s Estate: Don’t Fall into the Same Trap!
Actor and producer, James Gandolfini was famously known as the likeable mafia man Tony Soprano on the long running cable television series, The Sopranos.
How to Avoid Probate Costs
The bad news: probated estates are subject to a variety of costs from attorneys, executors, appraisers, accountants, courts, and state law. Depending on the probate’s complexity, and the size of the estate, fees can run into the tens of thousands of dollars.
Exit Planning: Should you sell your business now or wait
Exit planning is important for all business owners. A popular question is whether you should sell your business now or wait. Michael Cherewka of Cherewka Law in Harrisburg, Pennsylvania answers this question and others in this video.
Special Needs Trusts: What you need to know today
Special Needs Trusts are important for any guardians of individuals with special needs. To learn more about this topic, watch this video where Michael Cherewka of Cherewka Law in Harrisburg, PA discusses options.
Is There an Income Tax Time Bomb Lurking in Your Estate Plan?
As the federal estate tax exemption has ballooned from $1.5 million ten years ago to $5.43 million today, the need for estate tax planning by families has drastically decreased.
Estate Planning: How to deal with personal property
Understanding personal property and how it relates to estate planning is important. In this video, Attorney Michael Cherewka of Cherewka Law in Harrisburg discusses this critical topic.
USING A PENNSYLVANIA POWER OF ATTORNEY FOR GIFTING
Recent changes to the law in Pennsylvania regarding Powers of Attorney allow agents under the power of attorney broader gifting power than under the previous law.
10 TIPS FOR FIRST TIME HOME BUYERS
Before diving into which neighborhood, or how many bedrooms you are looking for, determine what price range you can afford by speaking with a mortgage professional.
Co Executors of a Will in Pennsylvania
One of the decisions that must be made when drafting your Will, is who to name as Executor of your Estate. An Executor is an individual (or an entity such as a trust company), named in the Will, who will administer your estate.
Estate Planning: The Importance of Asset Protection
As it relates to estate planning, the importance of asset protection cannot be understated. It’s important for the future of your business. In this video, Attorney Michael Cherewka of Cherewka Law in Harrisburg discusses this critical topic.
Incapacity is Part of Estate Planning
When many people think about putting in place an estate plan, they often only think about wills, trusts, probate administration, and passing along property and other assets.
Estate Planning: Have You Considered a Business Exit Strategy?
Your business exit strategy is just as important as the initial steps you take to start your business. In this video, Attorney Michael Cherewka of Cherewka Law in Harrisburg, Pennsylvania discusses the importance of a business exit strategy.
Estate Planning: How to Preserve Your Family Legacy
Preserving your family legacy is important, even after you exit the business. In this video, Attorney Michael Cherewka of Cherewka Law in Harrisburg, Pennsylvania discusses how to preserve your family legacy through estate planning.
Estate Planning: What Happens If You Become Disabled
Sometimes the unexpected happens. When it does, being prepared is your best option. In this video, Attorney Michael Cherewka of Cherewka Law in Harrisburg, Pennsylvania discusses how to plan for what will happen if you should become disabled.
Digital Assets and Estate Planning
As a follow-up to our email discussion of including digital assets in your estate planning, there are several websites and services designed to address these issues.
How to Choose an Executor
One of the important decisions you’ll need to make in writing a will in Pennsylvania will be to name an executor.
Estate Planning for Parents
Wanting to protect your children when you aren’t there to do so is one excellent reason to develop an estate plan. Here are some leading child-related issues to consider as part of your estate planning efforts.
For Heirs Requiring Continuing Care, Consider Special Needs Trusts
If the beneficiaries of your estate include anyone with significant physical or mental limitations making it likely he or she will require continuing care, you should think about a special needs trust, especially if it’s important to retain that individual’s eligibility for government benefits programs, such as Medicaid or Supplemental Security Income (SSI).
Why Now is a Good Time to Start Thinking About Your Business Exit Strategy
Have you considered your business exit strategy? Do you have a plan in place?
When You Might Consider Creating a Living Trust
It’s crucial to note a living trust does not take effect until specific assets have been transferred into the trust to fund it; this may require additional paperwork to complete formal transfer of those assets’ title.
The Importance of Establishing a Care Planning Agreement
Have you established a care planning agreement? If not, the time is now. Attorney Michael Cherewka discusses the importance of establishing a care planning agreement in this video.
Delaware Enacts New Model Law to Aid Access to Digital Assets
Gov. Jack Markell’s August 12 signing of the “Fiduciary Access to Digital Assets Act” made Delaware the first state to adopt a comprehensive law giving fiduciaries, including estate representatives, improved access to a decedent’s digital accounts and assets.
End of Year Tax Planning Considerations You Need to Know
The end of the year is rapidly approaching. Are you prepared? Attorney Michael Cherewka discusses end of year tax planning considerations that you should be aware of in this video.
Legal Considerations for You and Your College Student
Sometimes being a parent means taking the time to understand various legal considerations for your child. If you have a child in college or preparing for college, there are certain things to be aware of.
Estate Planning FAQ
Check out my interview, An Overview of Estate Planning on Pennsylvania Homes, one of the top sites for Pennsylvania homes for sale, including Pottstown, PA homes for sale. Pennsylvania Homes also services New York real estate and Connecticut real estate.
Important Estate Planning Questions
Estate planning can be a difficult topic to think about – this does not take away from its importance. It’s a necessary part of life.
Do You Have a Captive Insurance Company? What Might Catch the Attention of the IRS…
IRS examinations of captive insurance arrangements are on the rise. You may now wish to revisit your captive insurance arrangement.
Recent Developments of PA Legislature on Corporate Income Tax
As a business owner, it’s critical to pay attention to changes in legislation that could affect you. Watch this video for recent developments of PA Legislature on Corporate Income Tax to be sure you are in compliance.
Buy-Sell Agreements 2014: What You Need to Know
It’s a new year. With that comes new information that could affect your business. In this video, Attorney Michael Cherewka of Cherewka Law discusses Buy-Sell Agreements in 2014 and what you need to know.
Estate Planning Law: Changes in Federal Estate Law
Estate planning is a necessary action for ensuring your wishes are carried out. Are you prepared? Do changes to the Federal Estate Law effect you? Attorney Michael Cherewka shares important information in this video.
PA Employment Law: How it is Going to Affect Small Businesses
Many small business owners have heard about PA’s Employment Law and may be wondering how it will affect them. Attorney Michael Cherewka with Cherewka Law in Harrisburg, Pennsylvania discusses these changes and their implications for small businesses.
Proposed Regulations Address the 3.8% Net Investment Income (NII) Tax: REG-130507-11
When we first told you about the 3.8% Net Investment Income (NII) tax back in 2010, we noted areas of uncertainty. Recently, the Treasury Department and the IRS released proposed regulations that help clarify many issues.
2013 Tax Law Changes-What You Need To Know
On January 2, 2013, the President signed into law the American Taxpayer Relief Act of 2012. In addition, there are laws that created provisions that came into play in 2013. The major provisions are summarized below.
What You Should Know About Successor Trustees
If you or a loved one is experiencing a significant period of disability, chances are you have heard the term “successor trustee.” If you are not yet in a position to have heard this term, it’s important to understand it before you need to.
Developing a Planned Giving Strategy
Planned giving strategies are critical in order to ensure the money and gifts you’d like to be given in the future are carried out in the way you planned. This is where a planned giving strategy comes into play.
Video: Tax Planning for Farmers
In 2012, Pennsylvania made many tax changes for those involved in the agricultural industry. Attorney Michael Cherewka discusses planning for farmers.
Exit Planning: Know Your Goals
Before any conversations occur with an exit planning attorney, before you can make any big decisions, it’s important to have a detailed understanding of your goals for yourself and your business.
PA Transfer Tax Exemptions: Family Farms Relief
On July 2, 2012 Governor Tom Corbett signed Act 85 into law, which contained two major items of good news for Pennsylvania family farms.
New Video: Phantom Stock Plans
Have you heard of Phantom Stock plans? Have you been offered one? There is information you should be aware of. Attorney Michael Cherewka discusses the subject in detail.
New Video: Exit Strategies
Running a solid business means having a solid exit strategy. Attorney Michael Cherewka discusses ways to pass on your legacy by creating a strong exit strategy.
New Video: Estate Tax Updates
Frustrated with Estate Tax changes following the Fiscal Cliff?
What is Phantom Stock and How Does it Work?
The basic concept of a phantom stock plan involves a company’s agreement or promise to pay an employee or other participant in the plan an amount equal to the value of a certain number (or percentage) of shares of the company’s stock.
Healthcare and the Family Business Seminar
You know that Healthcare is changing but how do you keep up with these ‘shifting sands’ of rules and regulations?
Five Common Succession Planning Problems
Learn about the five common succession planning problems that include inadequate communication, an over-promising parent, unprepared heirs, delayed planning, and lack of liquidity.
Five Common Estate Planning Mistakes
Estate Planning is a process whereby you provide for you and your loved ones if you become disabled, and upon your death you give what you own, to whom you want, when you want, and how you want them to receive it.
Have You Had Your Special Needs Trust Reviewed Lately?
Whether you are a trustee or a parent, it is a good idea to have the SNT reviewed periodically (ideally, annually) with your planning team.
A Six Month Window…2012 Gifting Opportunities
The 2010 Tax Relief Act gives you a chance to transfer substantial wealth free of tax, but you must act quickly.
Why Clear Estate Planning is Essential
The team at Cherewka Law firmly believes that proper estate planning is an important way to prepare for the future while ensuring an outcome you can control.
Top 10 Mistakes in Buy/Sell Agreements
The buy-sell agreement arguably is the most important legal agreement for closely-held entities. The items listed below are common errors we see in these agreements, or items often not addressed.
Guide to Being an Executor of An Estate
The administration and distribution of estate assets following the death of an individual will vary time and cost-wise depending on the structure of the estate (e.g. size, nature of assets, circumstances of the heirs, and whether estate is in trust or probate form, etc.) with the form of the estate (trust or probate) being the most substantial of the factors.
The Pennsylvania Inheritance Tax
Inheritance Tax is imposed on the value of a decedent’s estate transferred to beneficiaries by will or intestacy. It is calculated at a percentage of the value of the assets transferred, which is determined by the relationship of the heir to the decedent and the decedent’s date of death.
Safe Deposit Boxes
Learn the ins and outs of Safety Deposit Boxes.
The Top Ten Mistakes in Life Insurance and Trusts
Learn about the top ten mistakes in life insurance and trusts.
Buying a Home
Buying a home is one of the biggest – if not THE biggest – expenditure you will make. This outline summarizes for prospective home buyers the more important legal and non-legal considerations they may face when purchasing a home.
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