Thomas & Thomas Attorneys at LawEaston Pennsylvania Family Law Attorneys | Thomas & Thomas, Attorneys at Law2024-03-14T16:19:55Zhttps://www.thomaslawpa.com/feed/atom/WordPress/wp-content/uploads/sites/1303315/2023/04/cropped-site-icon-32x32.pngOn Behalf of Thomas & Thomas Attorneys At Lawhttps://www.thomaslawpa.com/?p=2542932024-03-14T16:19:55Z2024-03-14T16:19:55ZEstate planning, often associated with older adults, it is actually a smart move for young, soon-to-be-married couples, too.
Why you need a plan, even with love on your side
Love is grand, but it doesn't come with a crystal ball. Life can be unpredictable, and having an estate plan in place can help ensure your wishes are carried out should the unthinkable happen. For instance, an estate plan can allow you to clearly designate who inherits your belongings, potentially preventing confusion and potential family conflict down the road.
Additionally, a power of attorney can allow you to appoint someone you trust to handle your finances if you're ever incapacitated. This can be a huge relief for your spouse during a difficult time. Essentially, estate planning can allow you to focus on the joy of your upcoming marriage, knowing your future is secure.
But I don't have much!
It's easy to think estate planning is only for the wealthy. But the truth is, everyone has "stuff" – a car, a cherished record collection, even digital assets. An estate plan helps ensure these go to the people you care about.
Estate planning doesn't have to be complicated or expensive, and getting started is easier than you think. A good place to begin is to make a list of your assets and debts. From here, you can decide who you want to inherit your belongings. You should also think about who you would trust to handle your affairs if you couldn't.
Taking the time to seek legal help and plan your estate now can give you peace of mind and protect your loved ones. So go forth, celebrate your love and plan for a secure future, together.]]>On Behalf of Thomas & Thomas Attorneys At Lawhttps://www.thomaslawpa.com/?p=2542922024-02-29T16:46:57Z2024-02-29T16:46:57ZThe Fourth Amendment of the U.S. Constitution protects citizens from unlawful searches and seizures. Law enforcement officers are only entitled to search your property under specific circumstances.
One of the most common ways that police officers gain access to a property is by obtaining a search warrant. What should a valid search warrant contain?
The specific location
A search warrant must name the specific property subject to the search. For example, if a house is to be searched, then its precise address and zip code should be noted in the warrant. If outhouses and vehicles are to be searched, then these should also be noted in the warrant. In cases of shared accommodation, officers usually have to specify the precise room they intend to search, although communal areas may be subject to the search.
Times and dates
A warrant should also include the time and date that it was approved by the court. The time-stamped warrant must be signed by a judge. Generally, warrants have a specific time limit, so the search must be conducted within this period.
Items to be seized
If law enforcement intends to seize items, such as computers and electronic devices, then this must be clarified in the warrant. Warrants should be issued based on probable cause and officers must adhere to the terms of the warrant. If evidence was seized out with the terms of the warrant, it may be inadmissible in court. If you are facing criminal charges based on a search, it’s important to know your legal rights. Seeking as much legal information as possible will help you to build a defense strategy. ]]>On Behalf of Thomas & Thomas Attorneys At Lawhttps://www.thomaslawpa.com/?p=2542892024-02-11T16:14:16Z2024-02-11T16:14:16ZThis is a second degree misdemeanor that can result in jail time as well as fines, on top of any punishment you may face for your allege underlying offense, if convicted.
A resting arrest charge can be quite complex, especially when things boil down to a “he said-she said” situation. As such, knowing your rights and entitlements when interacting with public officers is crucial.
Understanding resisting arrest
Per Pennsylvania’s criminal statute, you cannot willfully resist a lawful arrest or interfere with another person’s arrest and detention. As far as the statute is concerned, “resisting” can range from a simple act of standing in front of an officer who is trying to execute an arrest to using violence to prevent the police from arresting a suspect. Resisting arrest, however, does not include the following:
Asking the police why they’re arresting you
Yelling, swearing or cursing at an officer
Refusing to answer an officer’s questions
Do keep in mind, however, that these actions could aggravate an already volatile situation.
But I’m not doing anything wrong. Can I resist arrest in this case?
Even if you are not doing anything wrong, resting a lawful arrest is technically a crime. Also, you need to appreciate that police carry weapons, and they can use them when they feel their safety is threatened. Thus, even if you believe you are not committing a crime, do not resist an arrest. Your safety is crucial, and you can always fight a bad charge as soon as you are safely out of custody. Better still, you can get your arrest expunged if you are not charged with any crime.
Protecting your rights
Resisting an arrest can quickly worsen an already tense situation. Find out how you can protect your rights and interests if you are charged with resisting arrest. Seeking legal guidance as soon as you possibly can is wise.]]>On Behalf of Thomas & Thomas Attorneys At Lawhttps://www.thomaslawpa.com/?p=2542882024-02-02T00:10:50Z2024-02-02T00:10:50Z"We need to talk" is one of the statements that prepares people for difficult conversations. What if your spouse uses this statement and informs you that they want to dissolve the marriage? What can you do?
Here are three tips you can employ when responding to divorce news:
Stay calm
Staying calm when you know your marriage is about to end may be easier said than done, especially if you didn't see the divorce coming. However, acting out may worsen matters. Thus, listen to your spouse attentively without interrupting before responding. Do not engage in arguments even if they trigger you to.
Ask where they stand
It's not uncommon for people to say they want a divorce during heated arguments. Therefore, calmly ask your spouse where they stand – find out if they want a divorce or have other suggestions for the matter at hand.If you and your spouse agree the relationship can be saved, consider therapy and other reconciliation options. But if they inform you that they have done their best to make the marriage work and want out, you need to get educated. Ask for time to obtain the needed information.
Be respectful
Whether or not you agree with your spouse's decision to end the marriage, it's vital to respect them. You should also practice self-respect. Receiving divorce news can be stressful, but practicing self-care can help you calm down and, in turn, make informed decisions. Seeing a therapist, joining a support group, spending time with loved ones, focusing on your hobbies and meditating are great self-care practices.The above-discussed responses are beneficial whether you and your spouse reconcile or separate after the initial divorce conversation. Legal guidance can help you understand your options. ]]>On Behalf of Thomas & Thomas Attorneys At Lawhttps://www.thomaslawpa.com/?p=2542862024-01-26T12:18:33Z2024-01-26T12:18:33Za specific amount of time. Benefits can end even when someone still has medical challenges.
How long do SSDI benefits typically last after someone qualifies?
Until they improve or can return to work
As a general rule, the Social Security Administration (SSA) only approves SSDI applications for those who have conditions that should last for a year or longer. They also need to have such serious symptoms that they cannot maintain any type of gainful employment.
Many applicants have permanent, progressive or terminal medical conditions. Others may eventually improve. When someone can resume gainful employment or recovers from their disabling medical condition, they typically lose their eligibility for ongoing SSDI benefits. Recipients must report changes in their condition or employment status to the SSA.
Until they qualify for retirement benefits
The contributions people make toward Social Security fund both disability benefit programs and retirement benefits. When someone reaches the current retirement age in force by the SSA, which is currently 67 years of age, they may cease receiving SSDI benefits. At that time, the SSA should automatically convert their benefits to retirement benefits. They usually won’t experience an interruption in coverage and do not need to submit paperwork to switch the kind of benefits they receive.
Until an applicant dies
Those with severe health issues, such as cancer, might die before they reach retirement age because of their health challenges. SSDI benefits typically terminate after someone's death. In cases, surviving spouses and dependent children may be eligible for survivor's benefits, which can be monthly payments or a lump-sum award.
Those who may require SSDI to cover their basic living expenses need to know how long their benefits are likely to last. Understanding the rules that apply to SSDI benefits may help people see the value in applying and understand why they may need help to get the benefits they need for as long as they need them.]]>On Behalf of Thomas & Thomas Attorneys At Lawhttps://www.thomaslawpa.com/?p=2542852024-01-23T16:12:06Z2024-01-23T16:12:06ZMany schools have their own police forces
In fact, more schools than ever – especially large colleges and universities – have a police force with the same authority as any other law enforcement agency. For example, the University of Pennsylvania Police Department (UPPD) has over 120 full-time officers. Even when schools have a private security force, you can be sure that those officers work closely with local law enforcement and can get police on the scene quickly if necessary.
Students have constitutional rights
Certainly, students should be respectful when dealing with campus police or security officers. However, they need to understand that they have constitutional rights -- and how and when to assert those rights.
One key right that can get complicated on college campuses (particularly in college-owned housing) is the Fourth Amendment protection against illegal search and seizure. While law enforcement generally can’t search a dorm room without an occupant’s permission or a search warrant, all it takes is one roommate (or someone else in the room) to tell them they can come in and have a look around. This is just one of the many reasons why ALL college kids need to understand their rights and legal options in this regard.
If a college student is accused of wrongdoing, even if law enforcement doesn’t arrest them and charges aren’t pursued, they can still face disciplinary action by their university, which can cost them scholarships and athletic or other team positions and even get them expelled. Certainly, if they have to deal with the justice system and the school disciplinary system, that’s a lot to take on. Getting legal guidance as soon as possible can help them protect their rights and present their case as effectively as possible.]]>On Behalf of Thomas & Thomas Attorneys At Lawhttps://www.thomaslawpa.com/?p=2542842024-01-06T04:10:45Z2024-01-06T04:10:45ZYou know that you would like to get a divorce. You’ve been thinking about it for months. You have already made your decision, and it’s just time to break the news to your spouse.
They may have no idea it’s coming. They may be well aware that the marriage is ending. It depends on the specifics of the situation. Either way, though, these tips can help the conversation go well.
Consider your schedule
First of all, think about how long this conversation will take. Don’t do it when you have to go to work or when you’re rushing out the door. Only do it when you have time to sit down with your spouse and have a meaningful conversation, answering questions and getting the process underway.
Avoid other stressors
If you’re trying to find the right moment, consider other outside influences or stressors. Maybe your spouse has a big project at work. Maybe a child’s birthday is coming up. It’s best to start talking about the divorce when there isn’t much else going on so that you can both focus on it exclusively.
Don’t do it emotionally
One thing you certainly want to avoid is suddenly telling your spouse that you want to get divorced in the heat of the moment. Maybe the two of you are having a disagreement or an argument. If you tell them in this type of emotional environment, it is likely to make the divorce much more complicated and contentious.After you tell your spouse that you’d like to end the marriage, it’s time to begin looking into the legal steps you’ll need to take to do so.]]>On Behalf of Thomas & Thomas Attorneys At Lawhttps://www.thomaslawpa.com/?p=2542812023-12-22T04:51:45Z2023-12-22T04:51:45ZIf you get pulled over by the police for a traffic stop, the officer is likely going to come up to your car and talk to you. It is at this point that people are sometimes unsure if they have to engage in this conversation or not. They know that they do have a right to remain silent under the Fifth Amendment, but how does that apply when they are pulled over on the side of the road?Generally speaking, the only information you have to provide to the officer at that time is appropriate identifying information. This starts with your driver’s license, showing who you are and demonstrating that it is legal for you to be behind the wheel of that vehicle. You may also have to show your registration and proof of insurance, as these are required for all drivers. One of the first things that an officer will do is ask for this documentation, and it’s wise to provide it without complaint.
The right to remain silent
Beyond that, you may remain silent. It’s best not to ignore the officer, but to explain that you don’t want to answer any other questions. You may invoke your right to remain silent under the Fifth Amendment, or you may just explain to the officer that you’d prefer not to answer any questions without your legal team at your side. After all, you don’t want to accidentally say something to incriminate yourself. If the officer asks you if you knew how fast you were going, for instance, they may just be trying to get you to admit to speeding. If they ask you if you’ve had anything to drink, they may be trying to get you to incriminate yourself by making it appear that you were driving under the influence – even if that drink was hours ago and you are certainly not impaired. You don’t want to say anything that will make your situation worse.That being said, you may get arrested after a traffic stop. If you find yourself facing charges, it’s important to know about your criminal defense options and all of your rights as an American citizen.]]>On Behalf of Thomas & Thomas Attorneys At Lawhttps://www.thomaslawpa.com/?p=2542802023-12-08T21:49:17Z2023-12-08T21:49:17ZHow many people die without a will?
A will is the most common testamentary document used in Pennsylvania estate plans. People can use a will to designate beneficiaries for certain assets and name a trusted person to serve as the guardian for their minor children.
It is easy to assume that most parents and those with significant resources would create an estate plan for the protection of others and their own peace of mind. While the average person knows how important an estate plan is, many people never get around to creating one. Recent research in the case that roughly two-thirds of adults in the United States do not have any testamentary documents on record. In other words, if they die, Pennsylvania probate laws will determine who inherits the property from their estate.
Those with significant resources, unusual family circumstances or plans for their legacy may benefit from the creation of thorough estate plans. Learning from the mistakes of others may prompt some people to finally embrace the need to create a will or other testamentary documents with the assistance of a skilled attorney.]]>On Behalf of Thomas & Thomas Attorneys At Lawhttps://www.thomaslawpa.com/?p=2542792023-12-07T14:00:57Z2023-12-07T14:00:57ZThey must be completely unable to work
The first and most important requirement for SSDI benefits is that someone has a truly debilitating medical condition. With rare exceptions for blue-collar workers with marginal education, workers generally need to be completely unable to work to qualify for benefits. If someone can answer phones in an office setting or operate a cash register at a retail establishment, they may not qualify for SSDI benefits even though their condition will cause a drastic reduction in their income. A specific diagnosis does not automatically qualify someone for benefits. Instead, they will need medical records showing how the condition affects their ability to work or live independently.
They must have a long-lasting condition
There are plenty of illnesses and injuries that will render someone temporarily incapable of working. Often, those short-term health challenges will not lead to SSDI benefits. Typically, someone needs to either have a terminal condition or a medical issue that will last for at least 12 months to qualify for SSDI benefits. Someone unable to work because of a traumatic injury or illness that doctors can treat in less than a year likely won't qualify for benefits unless the condition is terminal.
They must have a substantial work history
The final requirement for SSDI benefits is having an adequate work history. The SSA typically requires that someone have at least 40 work credits to secure SSDI benefits. Workers can accrue up to four credits per year. Occasionally, younger workers with debilitating medical conditions can qualify with fewer credits if they have worked roughly half of the time since becoming an adult. The SSA applies a sliding scale for work credits when applicants are under the age of 31.
People can review their situation with an attorney to better determine whether they currently meet those three standards and if they could qualify for benefits. Getting proper assistance when applying or appealing may increase someone's chances of obtaining SSDI benefits when they become unable to work.]]>