Thomas & Thomas Attorneys at Law Easton Pennsylvania Family Law Attorneys | Thomas & Thomas, Attorneys at Law 2026-08-21T18:31:06Z 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[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.]]> On Behalf of Thomas & Thomas Attorneys At Law <![CDATA[Does a judge make the final decision about SSDI benefits?]]> https://www.thomaslawpa.com/?p=254421 2026-06-04T10:35:00Z 2026-06-04T10:35:00Z Appeals do not always lead to court There are multiple different stages of appeals available for SSDI applicants. A small percentage of applicants prevail during a reconsideration. They correct any paperwork issues and submit supplementary medical information to the SSA after a rejection. Another SSA employee reviews the paperwork and approves the application. In those cases, the applicant receives benefits without ever needing to present information to a judge. Reconsideration leads to benefits in about 2% of all cases, on average. If reconsideration is unsuccessful, then the next stage in the process involves requesting a hearing in front of an administrative law judge. In those cases, the judge reviews the information submitted to the SSA to determine if the decision about benefits was incorrect. There are additional appeal options available, including requesting a hearing in front of the SSA's Appeals Council or pursuing litigation in federal court. Understanding the different stages of SSDI appeals can help people know what steps to take when they need benefits. Court hearings are often a component of a successful appeal strategy, but they are not universally necessary for a successful appeal.]]> On Behalf of Thomas & Thomas Attorneys At Law <![CDATA[Do all financial assets go through probate?]]> https://www.thomaslawpa.com/?p=254419 2026-05-26T14:45:48Z 2026-05-26T14:45:48Z When a person passes away, many of their assets do have to go through the probate process. This can often take a significant amount of time before beneficiaries actually receive the inheritance that was left to them. That being said, it is important to know that not all financial assets necessarily take the same route. There are ways to avoid having assets go through probate in certain situations. One common example is simply giving assets away as gifts in advance. As someone gets older, they may start distributing their wealth among their children on an annual basis, or they may begin giving away family heirlooms and other tangible assets. They are essentially trying to reduce the value of their estate before they pass away.

Beneficiary designations

Additionally, many financial accounts with beneficiary designations do not have to go through probate. One example is a payable-on-death (POD) account. This is a financial account similar to a normal bank account, but the account owner can choose a beneficiary in advance. When the account owner passes away, that beneficiary becomes the new owner of the account, allowing them to gain quick access to the funds without waiting for probate. Another example is a life insurance policy. Life insurance proceeds can often skip probate as long as the named beneficiaries are still available to receive the payout from the insurance provider. That is why it is so important to keep all beneficiary paperwork up to date.

Complex estate division

When going through probate or the process of distributing someone’s estate, things can become complicated when different types of assets and financial accounts are involved. It is important for those involved to understand exactly what legal steps they may need to take.]]> On Behalf of Thomas & Thomas Attorneys At Law <![CDATA[Are inheritances protected during divorce in Pennsylvania?]]> https://www.thomaslawpa.com/?p=254417 2026-05-15T13:48:22Z 2026-05-15T13:48:22Z Understanding marital versus separate property Pennsylvania follows the principle of equitable distribution, which means the court divides marital property fairly between spouses during divorce proceedings. However, inheritances typically fall into a special category. When you receive an inheritance, the law considers the initial value of the asset as your separate property. However, the law considers any increase in the value of that inheritance during your marriage as marital property. The court subjects this increase to equitable division. The key factor is that the inheritance must have been given specifically to you alone. Not to both you and your spouse together. For example, if your grandmother left you her house in her will, that property should remain yours after the divorce. The same principle applies to gifts you received from family members during the marriage.

When inheritances might become marital property

Even though inheritances start as separate property, they can transform into marital property through a process called commingling. This happens when you mix your inheritance with marital assets in ways that make them indistinguishable. For instance, you might have deposited inherited money into a joint bank account. You and your spouse use this account for household expenses. You might lose its protected status. Similarly, you might use inherited funds to improve the marital home. Or you might invest them in jointly-owned assets. You could be creating a situation where your spouse has a claim to those funds. To protect your inheritance, consider keeping it in a separate account under only your name. You might also want to avoid using it for joint expenses or investments. Documentation is also crucial. It might help to maintain clear records showing the source of the funds and how you have kept them separate from marital property. If you are concerned about protecting an inheritance during divorce proceedings, understanding your rights and options, as well as Pennsylvania's equitable distribution laws, would be a wise step to take.  ]]>