Thomas & Thomas Attorneys at Law Easton Pennsylvania Family Law Attorneys | Thomas & Thomas, Attorneys at Law 2026-06-04T10:35:00Z 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[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.  ]]> On Behalf of Thomas & Thomas Attorneys At Law <![CDATA[Is an empty-nest divorce easier?]]> https://www.thomaslawpa.com/?p=254416 2026-05-11T23:15:12Z 2026-05-11T23:15:12Z Some divorce cases happen after the children have moved out of the house. These parents may have been together and married for years, but they have become empty nesters, and now they have decided to end the marriage. Because the parents are entering this stage in life, it simplifies the divorce in some ways. They do not have to figure out a child custody schedule, for example. There are no debates over either physical or legal custody, at least in most cases.  Many couples with minor children find it difficult to sort out these custody details or to maintain a long-term relationship as co-parents, but empty nesters do not face these same hurdles. Instead, they have other areas of concern.

Retirement and financial issues

It is worth noting that many empty nesters are also approaching retirement age. This can complicate the financial side of a divorce.  They may need to think carefully about how to divide savings and investments. They may have been earning retirement benefits or even a pension plan through their various employers. They have to determine which benefits qualify as marital assets and how they can be divided after the divorce, perhaps using a qualified domestic relations order (QDRO). Even outside of retirement benefits, the financial side of the divorce is often just more complex because older couples tend to have more assets. This goes beyond their strictly financial assets, such as bank accounts and savings. They may also have to consider business ownership, tangible assets, valuable collections and real estate, like a family home or vacation property. As such, divorce can get complicated for parents in any age bracket. They need to understand exactly what legal steps to take while addressing property division and other issues that can affect their future financial stability.]]> On Behalf of Thomas & Thomas Attorneys At Law <![CDATA[How police mistakes can help your DUI defense]]> https://www.thomaslawpa.com/?p=254414 2026-05-02T01:00:15Z 2026-05-02T01:00:15Z prosecution's case against you. Here are some of the most common ones.

Unlawful traffic stops

Police officers must have a valid legal reason to pull you over. If they stop you unlawfully, any evidence collected during the stop may be inadmissible in court. This includes the officer’s observations, field sobriety tests and even breathalyzer results. Without such crucial evidence, the case against you may no longer be as strong as it seemed.

Improper field sobriety testing

Field sobriety tests are highly subjective and must be administered according to strict guidelines. If an officer fails to follow proper procedures, the results can be challenged. Uneven road surfaces, poor lighting or medical conditions can also lead to flawed results that may not hold up in court.

Breathalyzer and blood test errors

Breathalyzer machines that test blood alcohol concentration (BAC) levels require regular calibration and maintenance. Officers must also be properly certified to operate them. If the device wasn't calibrated within the required timeframe, records weren't kept or the officer lacked current certification, the reading may be disputed or thrown out altogether. Blood tests must follow strict chain of custody rules. If there are any gaps in how the sample was handled while under police custody, the integrity of the evidence may be ruled unreliable.

Your defense starts with scrutiny

Every stage of a DUI case matters, from the moment you’re pulled over to your arrest and processing. Even slight procedural mistakes can have major consequences, but only if they are properly identified and challenged. It underscores the need for early legal guidance before critical opportunities to challenge the evidence are lost.]]> On Behalf of Thomas & Thomas Attorneys At Law <![CDATA[5 common SSDI application mistakes and how to avoid them]]> https://www.thomaslawpa.com/?p=254411 2026-04-22T12:18:54Z 2026-04-22T12:18:54Z Incomplete medical documentation The SSA uses medical records to understand how your condition limits your ability to work. Medical records generally need to show the diagnosis, treatment history and specific daily limitations resulting from the condition. A Residual Functional Capacity (RFC) assessment from your doctor can help support your application. It outlines physical and mental limitations and their impact on your ability to perform work tasks.

Failing to follow treatment plans

The agency also reviews your treatment history when determining the severity of the condition. If you do not follow prescribed treatment, the SSA may question how stable or disabling your condition is. However, gaps in treatment often have different reasons. Side effects, cost or lack of access can all affect your ability to continue care. Medical records should clearly reflect these reasons to show the full context.

Unclear functional limitations

The SSA evaluates how your symptoms affect daily life, not just the medical diagnoses. Issues may arise when physical and mental limitations are described in vague terms. To avoid this, be specific about what you can do and for how long. For example, note how long you can stand or walk before pain begins.

Continuing to work above SGA limits

The SSA uses  substantial gainful activity (SGA) to evaluate whether your work and earnings show an ability to support yourself. Under current federal guidelines, earnings over $1,690 per month generally exceed SGA limits. If your income is above this level, it can affect your eligibility, even if your medical condition is serious.

Missing deadlines and appointments

The SSA follows strict timelines throughout the application process. After a denial, a claimant usually has 60 days to file an appeal. The SSA may also schedule Consultative Examinations (CEs) when it needs additional medical evidence. It can help to review every notice so you are less likely to miss important instructions and dates.

Preparing for the application process

Small details in your SSDI application can strongly affect how the SSA reviews your claim. This applies whether you are starting an initial application or responding to a denial. In these situations, you may benefit from legal counsel to help guide you through the process.]]> On Behalf of Thomas & Thomas Attorneys At Law <![CDATA[Do I need an estate plan if I only rent and have few assets?]]> https://www.thomaslawpa.com/?p=254410 2026-03-16T06:40:48Z 2026-03-16T06:40:48Z Many renters in Easton, Pennsylvania assume estate planning only matters for wealthy homeowners. However, dying without any estate plan hands control to Pennsylvania courts. The courts then make critical decisions about your life and your loved ones. Even modest assets need legal distribution, and someone must handle your affairs when you cannot.

How Pennsylvania handles small estates without a plan

Pennsylvania's intestacy laws decide who gets your belongings when you die without a will. The state follows a strict formula that may not match your actual wishes. Your estranged family members may receive everything while your longtime partner gets nothing. For renters with assets worth $50,000 or less, Pennsylvania offers a simpler process called a Small Estate Petition. This option avoids full probate but still requires court involvement through Northampton County Orphans' Court. Without written instructions, courts make decisions you might not agree with, including who raises your minor children if you have any.

Critical documents renters often overlook

Estate planning addresses more than property distribution. Several essential documents protect you during medical emergencies and end-of-life situations:
  • Healthcare power of attorney designates someone to make medical decisions when you cannot
  • Living will specifies your wishes for life-sustaining treatment
  • Financial power of attorney allows someone to handle bills and accounts during incapacity
  • Basic will directs asset distribution and names guardians for minor children
Without these documents, judges or court-appointed individuals control your most personal decisions. Your family also faces the burden of guessing what you would have wanted during crisis situations.

Do not delay planning for your loved ones

Creating basic estate planning documents costs less than the probate court fees your family faces without them. An experienced estate planning attorney can draft the paperwork that reflects your specific situation. The decisions you avoid today become someone else's burden tomorrow, so work on it as soon as you can.]]> On Behalf of Thomas & Thomas Attorneys At Law <![CDATA[4 common ways you can modify your alimony order in Pennsylvania]]> https://www.thomaslawpa.com/?p=254402 2026-03-04T08:11:58Z 2026-03-09T12:08:13Z Life doesn't stand still after your divorce and neither should your alimony. Fortunately, you have the power to request changes to your current alimony order when your circumstances shift significantly in Pennsylvania.

What Pennsylvania courts require for changes

Pennsylvania courts will often consider modifying your alimony only when you show a substantial and continuing change in circumstances. This means you must prove that a major change has happened in your life or your ex-spouse’s life. The change must be long-term, not short-term. For example, a short illness does not count, but a lasting health condition might. This rule helps both sides avoid repeated court fights over small problems.

4 instances when you can request alimony modification

Once you understand the substantial change requirement, you can identify specific situations that meet this legal standard. The following four instances commonly qualify for alimony modifications in Pennsylvania:
  • Cohabitation: You can request termination or reduction when your ex-spouse remarries or moves in with a new partner.
  • Significant income changes: You may seek modification if you lose your job involuntarily or experience a permanent pay cut.
  • Medical issues: A new disability or chronic illness that prevents you from working or increases your financial needs can justify a modification.
  • Recipient's self-sufficiency: You can request a reduction or termination when your ex-spouse becomes financially independent through employment or education.
Clearly, these situations represent real changes that affect your ability to pay or your ex-spouse's need for support. Therefore, recognizing when your circumstances match these scenarios helps you take timely action.

Understanding your options moving forward

Your alimony order should align with your current life circumstances. When major changes happen, you can ask for updates that match your new situation. Thus, knowing your legal options helps you make smart choices about your financial future. Although the process can feel complicated, understanding what counts as a major change makes the next steps clearer.]]> On Behalf of Thomas & Thomas Attorneys At Law <![CDATA[What’s the difference between legal and physical custody?]]> https://www.thomaslawpa.com/?p=254408 2026-03-06T12:38:03Z 2026-03-06T12:38:03Z If you are going through a divorce or separation in Pennsylvania, you will hear the terms "legal custody" and "physical custody." They sound similar, but they mean very different things. Understanding these terms helps you make the best decisions for your children.

What is legal custody?

Legal custody is about decision-making. A parent with legal custody has the right to make major choices for their child. These include where the child goes to school, what doctors they see and what religion they follow. In Pennsylvania, courts usually award shared legal custody. This means both parents must work together to make big decisions. It does not matter who the child lives with most of the time—both parents still have a say. Sometimes a court gives one parent sole legal custody. This typically occurs when shared decision-making would harm the child or when one parent is unavailable.

What is physical custody?

Physical custody is about where the child actually lives. Pennsylvania law is unique in recognizing seven types of physical custody.
  • Shared: The child spends significant time with both parents.
  • Primary: The child lives with one parent for the majority of the time.
  • Partial: A parent has the child for less than a majority of the time.
  • Sole: One parent has exclusive physical custody.
  • Supervised: Another person monitors the parent's time with the child.
  • Visitation: The right to visit a child but not to remove them from the other parent's control.
  • Relocation: Special rules when a parent wants to move far away.
The court chooses from these options based on what is in the child's best interest. Each family is unique, so your schedule might combine these different types of custody to fit your life.

Taking things one step at a time

Custody cases can be stressful. An attorney who knows Pennsylvania law can explain your options and help you build a parenting plan. This plan acts as a roadmap for your family. You do not need to have everything figured out before you call. A legal expert can help you focus on what matters most: your child's well-being.]]> On Behalf of Thomas & Thomas Attorneys At Law <![CDATA[When you seem sober but your BAC reads high]]> https://www.thomaslawpa.com/?p=254393 2026-01-29T10:21:44Z 2026-03-02T13:22:25Z You had a few drinks with friends and you feel perfectly fine. Then Easton, Pennsylvania police stopped you and a breath test revealed a high blood alcohol content (BAC). That mismatch can leave you confused and scared, especially when officers trust the machine more than what they see. But several factors can explain the gap.

Why your BAC may not match how you feel or function

Your body absorbs alcohol at different rates depending on your size, what you ate and your health or tolerance. Alcohol can keep rising in your blood after you stop drinking, so you may look steady while your blood alcohol concentration climbs. Additionally, acid reflux or recent food and drink can raise Breathalyzer readings. People on ketogenic diets or with diabetes may exhale acetone or isopropyl alcohol, and older machines can mistake those compounds for drinking alcohol. Mechanical errors in Breathalyzers can also result in false BAC reading. However, proving this may be challenging because the process is technical and time consuming. You need to speak with a lawyer who can help subpoena the device used for inspection.

Why BAC still carries weight

In Pennsylvania, a BAC of .08% or higher counts as per se evidence of driving under the influence (DUI). This means the prosecutor does not have to prove you were weaving or slurring your speech, they only need to prove the officer administered the test correctly and the result was accurate. The state sets lower limits for commercial drivers (.04%) and drivers under the age of 21 (.02%), so even lower readings can carry legal consequences. You have the right to challenge a Breathalyzer test but this often requires several complex steps that take time and money. So remember that even if this option is available, the breath test result will usually stand in the short term. It can still trigger immediate actions like arrest, license suspension and charging decisions.

Protect your legal options

A high BAC can affect your personal and professional life and can show up on background checks and online searches. It can also bring unexpected expenses like higher insurance premiums and court costs. A skilled lawyer can help explain your options and understand your next possible steps.]]>