Thomas & Thomas Attorneys at Law Easton Pennsylvania Family Law Attorneys | Thomas & Thomas, Attorneys at Law 2026-10-07T12:59:11Z https://www.thomaslawpa.com/feed/atom/ WordPress /wp-content/uploads/sites/1303315/2023/04/cropped-site-icon-32x32.png On Behalf of Thomas & Thomas Attorneys At Law <![CDATA[How to help your Pennsylvania home avoid probate]]> https://www.thomaslawpa.com/?p=254508 2026-10-07T12:59:11Z 2026-10-07T12:59:11Z Revocable living trust Revocable living trusts are a popular option for avoiding probate – especially for titled assets like homes. When you place your home in your trust, you still have full control of it as the trustee (including the ability to sell it). When you pass away, your successor trustee disburses of the home and other assets in the trust as you designate. You can stipulate that the home be sold and how the proceeds will be distributed (for example, divided equally among your adult children or to one specific beneficiary). If one of your children would like to inherit the home, you can designate that it go to them. By avoiding probate, the transfer can be relatively simple.

Joint tenancy with right of survivorship

If you’re leaving your home to a specific beneficiary, you can make them a joint tenant with right of survivorship (JTWROS) along with yourself at any time. If the home is owned this way, when one of you passes away, the other one automatically becomes the sole owner. As JTWROS, one owner can’t sell the property without the other’s consent. However, you risk the possibility of a lien being placed on the property if the joint owner ends up having serious debt or legal issues.

Life estate deed

A life estate deed in Pennsylvania is similar to a transfer-on-death (TOD) deed in other states. (Pennsylvania doesn’t have TOD deeds.) This would automatically transfer the home to your designated beneficiary upon your death, but they would have no ownership rights while you’re alive. Preparing your estate to transfer easily and privately to your loved ones, with minimal court involvement, is an important gift you can leave them. Getting experienced estate planning guidance is a good way to start.]]> On Behalf of Thomas & Thomas Attorneys At Law <![CDATA[Open containers of alcohol can get you in trouble in Pennsylvania]]> https://www.thomaslawpa.com/?p=254432 2026-09-19T14:51:24Z 2026-09-19T14:51:24Z Having an open alcoholic beverage inside a vehicle can cause legal trouble even if you are not driving under the influence. Pennsylvania restricts possession of open alcohol containers and alcohol consumption in motor vehicles on its highways. Pennsylvania open container law applies to both drivers and passengers, although there are specific exceptions. An open container can also attract additional attention during a traffic stop and potentially lead to a DUI investigation.

Open container laws apply to drivers and passengers

Pennsylvania law generally prohibits an operator or occupant from possessing an open alcoholic beverage container in a motor vehicle while the vehicle is on a highway. It also prohibits drinking alcohol inside the vehicle under these circumstances. Because the restriction applies to occupants, you do not have to be the driver to face an open container charge. A passenger holding or drinking from an open alcoholic beverage container can also violate the law. A violation is treated as a summary offense. However, Pennsylvania provides limited exceptions for certain passengers. The restriction does not apply to a passenger in the passenger area of a vehicle primarily designed, maintained or used for the lawful transportation of people for compensation. This includes passengers in buses, taxis and limousines. Another exception applies to an individual inside the living quarters of a house coach or house trailer. These exceptions depend on the type of vehicle and where the person is located. Being a passenger in an ordinary private vehicle does not create the same exception. An open container charge is also separate from a DUI charge. Finding an open bottle or another alcoholic beverage inside a vehicle does not by itself establish that the driver was impaired. However, an open container discovered during a traffic stop may cause police to investigate whether the driver has consumed alcohol. Driving behavior, observations made during the stop and alcohol testing may then become relevant to DUI defense in Pennsylvania. If you face an open container charge or related DUI allegations, seek legal guidance to understand how Pennsylvania law applies to the circumstances of the traffic stop and the evidence involved.]]> On Behalf of Thomas & Thomas Attorneys At Law <![CDATA[Can drug paraphernalia lead to a possession charge?]]> https://www.thomaslawpa.com/?p=254431 2026-09-14T10:28:30Z 2026-09-14T10:28:30Z Finding drug paraphernalia can create serious legal problems in Pennsylvania. However, simply possessing an object that could have a drug-related use does not automatically make it illegal. Under Pennsylvania law, it is unlawful to use or possess an object intending to use it to prepare, process, package, store, hide, inject, ingest or inhale a controlled substance. An item is not automatically illegal because it could be used with drugs. The facts may need to establish that you knew you had the item and planned to use it for an illegal drug-related purpose.

When can an item qualify as drug paraphernalia?

Whether an item qualifies as drug paraphernalia depends on its intended use and the surrounding circumstances. Many items, such as containers, syringes and pipes, may also have lawful uses. Police may identify these items as possible paraphernalia:
  • Pipes or devices allegedly used to inhale controlled substances
  • Syringes allegedly used to inject controlled substances
  • Containers allegedly used to store or conceal controlled substances
  • Items allegedly used to prepare or process controlled substances
Finding paraphernalia does not automatically prove that you possessed illegal drugs. You may also face a paraphernalia charge even when police do not find a usable amount of a controlled substance.

How does possession affect the charge?

Possession may be actual or constructive. Actual possession generally means having the item on your person. Constructive possession may be alleged when the item is not found on you, but prosecutors claim that you knew about it, had the power to control it and intended to exercise that control. Prosecutors may rely on circumstantial evidence and the totality of the circumstances. Simply being nearby does not necessarily establish possession. In a shared vehicle, home or other space, prosecutors and courts may examine who had access to the area, who controlled it, whether the item was visible or concealed and what other evidence connects you to it. Residue may serve as circumstantial evidence, but it does not automatically establish every element of a possession charge. A defense attorney can review evidence involving ownership, knowledge, control, intent and the legality of a search.

The details matter

A paraphernalia charge and a controlled substance possession charge are separate offenses. Each requires proof of its own legal elements. Examining where police found the item, how they obtained it and what evidence connects you to it can help clarify the charges you face.]]> On Behalf of Thomas & Thomas Attorneys At Law <![CDATA[You can address the transfer of firearms in your estate plan]]> https://www.thomaslawpa.com/?p=254429 2026-08-21T18:31:06Z 2026-08-21T18:31:06Z Many modern American families own one or more firearms and some have even amassed large collections. Passing them to the next generation is more complex than you might expect because strict rules govern how guns may be transferred.  Adding tools to your estate plan that manage the transfer of firearms helps prevent probate delays and possible criminal exposure for your family. 

Key transfer rules to understand

Firearm transfers in Pennsylvania must comply with specific requirements whether it occurs during your life or after death. Here are some examples:
  • Handgun transfers require a background check and transfer through a licensed dealer unless the recipient is an immediate family member.
  • Long gun transfers follow different rules and may not require a dealer in certain situations.
  • Prohibited persons may not receive firearms under any circumstances.
  • National Firearms Act items like suppressors and short barreled rifles require federal approval before any transfer.
Today's estate plans must account for the specific type of firearm and the legal status of all intended recipients. This can be a complicated process that benefits from knowledgeable guidance. 

Could a gun trust be right for you?

A gun trust can help you manage firearms that fall under federal regulation. It allows multiple responsible persons to possess and use certain firearms in compliance with federal requirements. It also provides structure for future transfers and helps ensure only eligible individuals can access firearms. Although a gun trust is not required for every firearm, it can be useful when an estate includes items that are regulated under federal law. It helps ensure that your family faces no preventable hardships after your passing.]]> On Behalf of Thomas & Thomas Attorneys At Law <![CDATA[When do SSDI claims pass through federal court?]]> https://www.thomaslawpa.com/?p=254428 2026-08-07T00:10:29Z 2026-08-07T00:10:29Z Most SSDI claims never reach federal court An SSDI application moves through several administrative stages before federal court becomes an option. These stages include:
  • Initial application
  • Reconsideration
  • Hearing before an Administrative Law Judge (ALJ)
  • Review by the Appeals Council
Many claims end somewhere along this path. Some applicants receive benefits after providing additional medical evidence, while others obtain a favorable decision from an ALJ. Only a relatively small percentage of claims continue beyond the Appeals Council. The federal court is considered the final level of review outside the Social Security Administration.

The Appeals Council makes the decision

After an ALJ issues a decision, the claimant may ask for a review by the Appeals Council. The council may:
  • Deny the request for re-examination
  • Grant review and issue a new decision
  • Return the case to the ALJ for another hearing
A claimant becomes eligible to file a lawsuit in federal court once the Appeals Council either refuses to review or gives a final unfavorable decision. For individuals in Pennsylvania whose SSDI claims remain denied after Appeals Council review, understanding the purpose of federal court can help to inform realistic expectations. Because the process involves strict procedural rules and legal standards, speaking with an experienced legal team dealing with Social Security disability appeals can be helpful in a myriad of ways.]]> On Behalf of Thomas & Thomas Attorneys At Law <![CDATA[3 types of property that don’t belong in a will]]> https://www.thomaslawpa.com/?p=254427 2026-07-25T14:42:59Z 2026-07-25T14:42:59Z 1. Life insurance proceeds When people obtain life insurance, they name a beneficiary in official insurance company paperwork. The beneficiary of the policy receives the payout in the event of the policyholder’s death. A will cannot alter the beneficiary of a life insurance policy.

2. Jointly held assets

An estate generally consists of property owned solely by the person who died. Assets that they own jointly are likely not part of their estate because another person has a partial ownership interest in those resources. Adding jointly held assets to a will can lead to disputes about the allocation of ownership after one owner's passing.

3. Accounts with beneficiary designations

Financial institutions often allow account holders to name the beneficiary to assume ownership of checking, savings or investment accounts, including retirement savings accounts, when the current account holder dies. The beneficiary paperwork filed with the financial institution allows for the transfer of those accounts outside of the probate process. Those hoping to leave a meaningful legacy when they pass may need to review their wills and an inventory of their assets with an estate planning lawyer to ensure they have appropriate documents in place to limit the risk of probate conflict. And that’s okay.]]> by Thomas & Thomas Attorneys At Law <![CDATA[Protecting your retirement benefits during a Pennsylvania divorce]]> https://www.thomaslawpa.com/?p=254426 2026-07-13T20:30:53Z 2026-07-13T20:30:53Z How Pennsylvania divides retirement benefits during divorce Pennsylvania divides marital property in a fair way, but not always equally. Retirement savings earned during the marriage are often divided, while money saved before the marriage or after separation usually remains separate. If a retirement account existed before the marriage, only the growth during the marriage may be shared. Careful planning and experienced legal guidance can help protect years of savings and support a more secure financial future.

Understanding QDROs and other ways to divide retirement accounts

During a Pennsylvania divorce, a Qualified Domestic Relations Order (QDRO) helps divide certain retirement plans, including 401(k)s and pensions. It allows part of the benefits to move to a former spouse without early withdrawal penalties. Every retirement plan has its own rules for division. IRAs and Roth IRAs are handled differently and follow separate steps during divorce. Pennsylvania divides marital retirement assets through equitable distribution. This means the split must be fair, but it does not always mean equal.

Steps to protect retirement assets during a divorce

Taking the right steps during divorce can help protect these valuable assets. These steps include:
  • Reviewing account records: Retirement statements show all the savings earned before marriage, during the marriage and after separation. This helps determine which funds may be divided.
  • Keeping assets separate: Mixing separate and marital retirement funds can create problems during property division. Keeping them separate can help avoid disputes.
  • Looking at other options: A spouse may keep a retirement account by giving the other spouse other marital assets of equal value, such as home equity.
  • Updating beneficiaries: Divorce does not always remove a former spouse from retirement accounts or life insurance policies. Updating beneficiary forms can help prevent future issues.
  • Planning ahead: Prenuptial or postnuptial agreements can explain how retirement assets will be handled.
Retirement assets can shape life after divorce. An experienced attorney can help review these matters, protect important interests and guide the process toward a fair result.

Every decision shapes tomorrow

Retirement savings deserve the same care as every other part of a divorce. Thoughtful planning today can help preserve years of hard work and support lasting financial stability. With the right legal guidance, important decisions can lead to greater peace of mind long after the divorce is final.  ]]> On Behalf of Thomas & Thomas Attorneys At Law <![CDATA[How your clothes can interfere with field sobriety tests]]> https://www.thomaslawpa.com/?p=254424 2026-07-01T12:39:27Z 2026-07-13T12:37:23Z Your footwear affects your balance Field sobriety tests often measure your balance and coordination. Two common tests are the walk-and-turn and the one-leg stand. High heels, platform shoes and flip-flops can make these tests harder to complete. High heels change your center of gravity and make balancing more difficult. Flip-flops can slip off or force you to change the way you walk. Worn-out shoes with smooth soles can also increase your risk of slipping. These issues may affect your performance even if alcohol is not the cause.

Restrictive clothing can get in the way of tests

Your clothing can also affect field sobriety tests. Tight skirts or dresses can limit your movement and make heel-to-toe steps more difficult. Long skirts or loose pants can cause you to trip or stumble during testing. Thick and heavy jackets can affect your balance and make it harder to follow the specific instructions officers provide. Even accessories like large bags or backpacks can throw off your balance during these tests.

Exploring your options

If an officer asks you to perform field sobriety tests, consider telling them your clothing or shoes could affect your performance. Officers generally allow you to remove heels higher than two inches before testing. Clothing is only one factor that can affect field sobriety tests. It is also important to understand your legal options. In Pennsylvania, field sobriety tests are voluntary, so you can decline to take them. Keep in mind that refusing these tests generally does not prevent an arrest. An officer may still arrest you based on other observations, such as the smell of alcohol, slurred speech or bloodshot eyes. The officer may also note your refusal in the police report when deciding how to proceed.

Protecting your interests during a traffic stop

Your clothing and shoes can affect your performance during field sobriety tests. If they make the tests more difficult, explain your concerns clearly and respectfully. Understanding your rights and knowing what factors can affect your performance can help you make informed decisions during a traffic stop.]]> On Behalf of Thomas & Thomas Attorneys At Law <![CDATA[How the exclusionary rule protects criminal defendants]]> https://www.thomaslawpa.com/?p=254423 2026-06-30T23:43:26Z 2026-06-30T23:43:26Z Did police officers violate civil rights or the law? If defense attorneys can show that police officers either broke the law in their efforts to gather evidence or directly violated the rights of criminal defendants, they can invoke the exclusionary rule. In those situations, a defense attorney can ask the court to suppress the evidence obtained through misconduct and civil rights violations. The exclusionary rule helps criminal defense lawyers limit the evidence connecting their client to a crime. For example, if police officers stopped a driver without probable cause, any evidence they gathered during that inappropriate traffic stop may not be admissible during a criminal trial. Defendants who believe that a search was illegal or that police officers violated their Miranda rights during an interrogation may need to discuss those concerns with a criminal defense attorney. Suppressing evidence can lead to the state dismissing charges. The exclusion of evidence can also make it easier to raise a reasonable doubt about a defendant's guilt. An attorney can help determine if illegal conduct or civil rights violations could play a role in a criminal defense strategy accordingly.]]> On Behalf of Thomas & Thomas Attorneys At Law <![CDATA[The best time to tell your spouse you want a divorce]]> https://www.thomaslawpa.com/?p=254422 2026-06-18T20:56:17Z 2026-06-18T20:56:17Z handle your initial conversation could set the tone for the entire process. You should only tell your spouse you want a divorce when the following concerns are accounted for to the best of your ability.

You are certain

Be sure you want a divorce before talking to your spouse. Avoid saying you want it in the middle of an argument because once you say that, trust can erode in your marriage. If you don’t go through with the divorce, your marriage may face difficulties. Thus, before asking for a divorce, be certain you will proceed with it. Take some time to consider alternatives, such as couples therapy and talking to loved ones, to determine if the underlying issue can be resolved. If you realize that marriage is broken and the healthiest thing to do is to go your separate ways, then you can sit down with your spouse.

You are safe

It’s important to have the divorce conversation in a safe, private place; typically your home. But, if your marriage is abusive or you are afraid of how your spouse might react, hold the talk in a public area in a private setting. Ensure you have a safe space to go after the meeting too.

You are both relaxed

Avoid having the discussion during high-stress periods. For example, when rushing to work, during a major holiday, immediately following a job loss or after a long day at work. Choose a time when both of you are relaxed, such as a Saturday morning. You should choose the right time and place to tell your spouse you want a divorce. It’s also crucial to learn more about the process to make informed decisions. Seeking legal guidance can help you to get started.]]>