Last week, I dispelled the myth that you only need a Will in order to have a proper estate plan.  This week, I am focusing on who you give power to in these documents.  The person you grant power to under a Will or Power of Attorney is generally known as a fiduciary.  As I previously explained a few years ago, a fiduciary is a fancy catch all word for personal representative (which is another way of saying executor, executrix or administrator, administratrix), guardians, agents, and trustees who are all subject to the jurisdiction of the Orphans’ Court in Pennsylvania.

Many times my clients feel a sense of obligation to name their children as their fiduciaries and use birth order as a method of selection.  Simply being the first born does not make a person more qualified to handle your finances than anyone else.  It is important to consider the nature of the position you are appointing the person to.  What kinds of decisions are they going make?  What kind of responsibilities are they going to have?  Who are they going to have to interact with?  How will others respond to them? Then look at the people you are considering for each position.  Who will fit best in each position?

Take for example Simon and Helena.  They have three children.  Eleanor, a doctor who is bad with money, Liam, an accountant, who is suspicious of medical professionals, and Robert, their oldest child who, while fine with money and generally trusting of medical professionals, tends to disappear for months on end and is unable to get along with either of his siblings. Eleanor and Liam, twins, get along well but are not on speaking terms with Robert.  Who should Simon and Helena name as their Fiduciaries for the Will, Financial Power of Attorney, and Health Care Power of Attorney? Continue Reading Myth #9 – I Must Appoint The Same Person For All Of My Estate Planning

Pennsylvania removed the restrictions on legally enforceable open adoptions via legislation referred to as Act 101. As many adoptive families and individuals know, Act 101 provided for Post-Adoption Contact Agreements, known as PACAs. These Agreements essentially established legally enforceable open adoptions in Pennsylvania. Under certain circumstances, adoptive parents and certain categories of birth relatives could enter into a PACA and allow for contact between adoptees and certain birth relatives post-adoption. PACAs could provide for any type of contact that was agreed upon by the parties.

Act 101 was welcomed with open arms by many families involved in relative adoptions, private agency adoptions where birth parents had indicated their preference to allow their child to be adopted by a family who would agree to contact with the birth family post-adoption, and even step-parent adoptions. However, the application to and effect of Act 101 on adoptions through the foster care system was not so great.  Children in the foster care system had often already suffered significant loss as a result of the circumstances under which they entered the system.  With the implementation of Act 101, these children’s adoptive parents often had to reiterate to their adopted child that it was not a good idea to have contact with their birth family. Or, in other cases, adoptive parents had to determine what type of contact would be appropriate with birth family members while still protecting their adopted child from the potential additional trauma of having contact with some birth family members, but not the biological parents. Continue Reading Pennsylvania’s Expansion of Open Adoption Post-Act 101 – Good or Bad, Right or Wrong, It’s Here

If you come to see me asking for just a Will, I will ALWAYS discuss with you whether you need a Financial Power of Attorney and a Health Care Power of Attorney and Living Will.  It is not because I am trying to upsell my services or print more paper and kill trees.  No, it is because I want to make sure you have the documents you need to protect yourself and to simplify things for your loved ones.

A proper estate plan deals with the here and now, the near future, and the distant future.  A proper estate plan is not just what happens when you die.  It has provisions for when your health declines and you can no longer act on your own behalf.  Most of us don’t spend a lot of time thinking about the possibility of future illness, incapacitation or death, nor do you want to.  Leave that to me to guide you through the process of determining what you need.

The key to recognizing which documents are necessary is to understand each document and when it becomes active.  Most people know that a Will becomes active on death and deals with the distribution of your assets.  It can also name a guardian for your minor children, and set up trusts to protect those assets.  Continue Reading Myth #8- I only need a Will.

I recently wrote about a trend in Pennsylvania case law that has permitted short-term vacation rentals, such as Airbnb, HomeAway, VRBO and others, in otherwise residential neighborhoods. In each of these cases, a homeowner rented out their single-family residential dwelling to vacationers, the municipality claimed the short-term rental was a violation of the Zoning ordinance, and the Pennsylvania Commonwealth Court said that the short-term rentals were still residential uses, not hotels or tourist homes.  All of these cases said that if the municipality wanted to prohibit short-term vacation rentals, they needed to specifically and unquestionably prohibit that use.  Continue Reading How Can Associations Deal With Renters – Either Short Or Long Term?

Earlier today a client emailed me and asked for my mailing address because her scanner wasn’t working. As I was replying (using my TextExpander snippet for my office mailing address), I thought to myself: there has to be a better way!

Turns out, there is. And it’s even easier than my initial recommendation, which was to go to the app store on your smartphone or tablet and download one of the many excellent apps that use the device’s camera to scan and create PDF files. I’ve used Scanbot for iPhone to do this for years.

Caution: from here on out, this post is a complete Apple lovefest. If you have an Android or Microsoft device, you can read on and see what you’re missing, or just check in with Brandon Harter – I’m sure he can give you a tip in the right direction. Continue Reading Is That a Scanner in Your Pocket? How to Scan Documents with Your iPhone or iPad

I had the pleasure of attending the 2017 general membership meeting for the BIA of Lancaster County at the Inn at Leola Village.  The featured speaker for the event was Dr. Robert Dietz, the chief economist for the National Association of Home Builders.  Dr. Dietz gave a detailed status report about the state of the building industry today, and some projections for the near future.  Most of Dr. Dietz’s discussion centered on one main theme:  there are not enough single family homes to meet today’s demand.  He spent time discussing why this is happening and the effects it could have over the next few years.  Continue Reading Notes from the 2017 Annual Building Industry Association County Meeting

The Central Penn Business Journal published an insert on Mergers and Acquisitions in 2017.  The tag line of this insert is one of the most important considerations for transitioning a family business:  “Timing is Everything.”  One of the articles, “When a Buyer is Knocking,” featured John Stoner, the head of the business consulting group at RKL.

The article makes the point that, for many companies, the value of the company is closely tied to the company’s founder.  This is especially true for family businesses.  If the founder of the business gets hit by a bus (or simply disappears to the Caribbean after winning the lottery), usually a lot of the value of that business disappears.  If you are looking to sell your business, you need to understand your value and how it effects a sale.

Because the founder creates much of the value of the family business, the timing of the sale has a profound effect on the sale price of the company.  For example, if the founder sells the company when he or she is ready to completely walk away from the business, then the business is losing one of its greatest assets.  In this case, the amount that someone else is willing to pay for the company is going to be reduced.  Continue Reading What If Someone Wants To Buy Your Business Before You Are Ready To Sell?

The Today show announced this week that Matt Lauer has been fired after nearly 24 years on the show following an allegation made by a colleague of “inappropriate sexual behavior.”  I won’t bother linking to any of the news stories as you’ve probably already seen quite a few on this subject.  What made this story more shocking was that Lauer’s termination came less than 48 hours after the allegation was made.  This swift reaction demonstrates how attitudes in the public arena regarding workplace misconduct are beginning to shift.  But power can be exploited at all levels, which is why it’s imperative that every business owner, large or small, is aware of the laws and their responsibility to maintain a workplace that is free of sexual harassment.  An Associated Press article posted on Lancaster Online this morning discusses how Failing to address harassment allegations can cost employers.

This blog is the first in a series focusing on sexual harassment and misconduct in the workplace.  Follow up posts will look at what’s important from the employer’s view, the employee’s and that of the accused.  As we become more comfortable having open discussion about workplace conduct, employers and employees need to learn more about this problem.   A key starting point for this discussion is the understanding of what constitutes sexual harassment. Continue Reading Employers and Employees: Do You Understand the Law and Sexual Harassment?

When you think of a document drafted by an attorney, what do expect? Crisp, clean prose that conveys its meaning in as few words as possible? Probably not. Large walls of incomprehensible text that no one (maybe not even the lawyer) has read carefully? Sounds more like it.

In the legal profession we refer to these regularly used blocks of text as “boilerplate” language (although boilerplate can also refer to blocks of frequently used computer code). The term boilerplate comes from the similarity between the curved steel used to make boilers and the curved plates that printed newspapers in the early 1900s. Boilerplate legal language often covers repeatedly used topics like the court where disputes will be resolved  or indicating that an agreement may be signed electronically. Continue Reading Boilerplate Language – What is it Good For? (Absolutely somethin’?)