SCRAP More Criminal Charges

Being pulled over or stopped by an officer is unnerving – there are no two ways about it.  From start to finish, the process is emotionally rattling. A stop also can determine whether the officer obtains enough evidence to file charges against you. How you react to the stop will build or destroy your available defenses.

Many people are familiar with their Miranda Rights thanks to various crime shows and mainstream media. But they are unaware of the process leading to someone being read their rights and how that impacts the situation. No two stops are the same, but all have common elements.

First, the officer must have reasonable suspicion to pull you over. The classic example is swerving while driving, alerting an officer to a potential drunk or impaired driver. Others include rolling through stop signs, weaving in and out of traffic aggressively, or driving at an excessive speed. Second, the officer's first question at all stops will often be, “Do you know why I pulled you over?” That is your first chance to SCRAP your charges by staying calm and remembering the acronym. Below is what we suggest. 

Stay Silent – you have the right to remain silent at stops. Yes, you should provide the basic information, such as license, registration, and proof of insurance. We mean to avoid answering the questions related to why the stop occurred. If an officer asks do you know why I pulled you over, your answer is no. If questions continue, move to letter A, and ask if you are being detained or if you may go. At this, and every other step, silence is golden. Example: Officer – “Do you know why I pulled you over?” Your answer is “No, officer.”

Cooperate – if an officer asks you to exit the vehicle, calmly get out and follow the officer’s requests. This is for your safety since refusing might give the officers the impression that you are a threat to their safety. Remember that you do not have to answer questions while outside of your vehicle, which makes this a great time to remind you that silence is golden.

Refuse – refuse all searches. Now, saying no does not mean the officer might not find some reason to perform a search. It does raise the bar for admitting any evidence gathered from the search if the officer cannot show probable cause that the search was necessary.

Arrest – if an officer asks you to get out of the vehicle or a stop lasts for a long time, ask if you are under arrest or free to go. If the officer says you are not free, ask why you are being detained. The stop is illegal if the officer does not provide a basis for detaining you. Do not try to leave; instead, start documenting the stop.

Protect – your rights. If the officer says you may not go, and there is a legal reason for the stop, you should immediately request a lawyer and stay silent. Invoking the 5th and 6th amendments will stop all questioning until your lawyer is present.

The SCRAP system will give you a fighting chance to allow us to fight for you. If you encounter law enforcement, call us at 724-550-6970 or email us at info@theskeenfirm.com.

*Disclaimer: this article is for informational purposes only. It is not providing legal advice. It does not create an attorney-client relationship.

Trust Us—Trusts Aren’t Just For the Wealthy

If we have heard “I don’t need a trust because I am not rich” once, we’ve heard it a million times. If each time were worth a dollar, we would have a big marketing budget to bust this myth. What is at the core of this misconception? That is hard to tell. What we do know is that a revocable living trust is an excellent estate and long-term planning solution for many.

First, what is a revocable living trust? These trusts are also known as grantor trusts. More on that later.  A trust is an agreement in which the Trustor or Grantor gives the right of ownership or control of an asset to another person, the Trustee, to hold, manage, and grow to benefit a third party known as the Beneficiary. A revocable living trust is created during the Grantor’s lifetime, which is amendable or revocable at the Grantor’s discretion.

Often these agreements see the Trustor serve as the Trustee, and the trust is at first for their benefit. This approach allows the individual creating this plan to maintain control of the assets. In doing so, they also give up a certain level of asset protection provided by an irrevocable trust, but they will ensure their assets avoid probate. (More on probate here.)

A revocable trust and probate savings are essential for certain assets. Think real estate, art, valuable collections, heirlooms, and business interests. All these assets could have potential high values but are cash poor at the time of probate, leaving loved ones to foot the bill. This approach also provides greater privacy than administering a probate estate.

There are downsides to this approach, however. A trust at its core is meant to protect and grow assets for beneficiaries. In this case, we are referring to protection from creditors, lawsuits, and other situations that could take or decrease your assets. Ironically, when it comes to trusts, control and protection are opposites. The more control the Trustor gives up over an asset, the greater the protection. So, for a revocable living trust where the Trustor is also the Trustee and Beneficiary, the assets in the trust might wind up subject to attachment.

We will address how to tackle asset protection with an irrevocable trust in a future post. In any event, the differences in asset protections show how important it is to discuss your desires with your estate planning attorney.

At The Skeen Firm, we take time to review your assets and listen to your planning goals so that we can deliver the best, custom-tailored plan for your situation. Call us at 724 – 550 – 6970 or email us at info@theskeenfirm.com to schedule a planning session. We aim to make the process easy; trust us!

*Disclaimer: the advice provided is for informational purposes and is not intended as legal advice.  It should not be relied on nor construed as creating an attorney-client relationship.

Be Like Bob - Going Public

Bob and Co. were busy after converting their LLC to a C-Corp (learn more here). That move allowed them to bring on investors that added gas to their growth fire. While this is a simplification of the process of going public, it is an example of the best-known investor exit. Investor exits are a major consideration for business owners, as are returns, growth, and how each of these fits into the investor’s time horizon.

Be Like Bob - Going Public

Howdy, Partner!

A lot of small business information available today focuses on LLCs. And while we are big fans of LLCs, there is a more direct and simple solution to get a business going. That solution is a partnership. 

While forming a partnership is as simple as agreeing to grow a business with someone, there is a laundry list of pitfalls to consider. First, and most important, is the unlimited liability for the owners, who may be financially and legally liable. Secondly, a lack of formalities could lead to internal disputes over payment distributions and earnings allocations. Finally, there are ongoing continuity questions that arise if one of the partners dies or otherwise becomes unable to perform their duties.

The good news, for those seeking simplicity, is it is relatively easy to set your partnership up for success. As always, insurance solutions can mitigate some liability issues. Partnerships may consider registering with the Department of State, even though it is not required. Along with registering, the partners should consider drafting a partnership agreement that sets out each partner’s obligations and how to handle transitions if a partner leaves or dies.

Partners may also consider forming a limited liability partnership (LLP). In an LLP, one of the partners assumes managerial responsibility, subjecting themselves to liability for the partnership’s actions. When one partner becomes a managing partner, the remaining partners are considered limited partners and are protected by a liability shield, so long as they do not assume any managerial responsibilities. 

As far as taxes go, partnerships are pass-through entities just like an LLC. Yet another element of simplicity. So if you want to start a business and you are looking for ease of operation, go full cowboy and say, “Howdy, Partner!”

If you have questions about your business structure, give us a call at 724-550-6970.

*Disclaimer: this article is for informational purposes only. It is not providing legal advice. It does not create an attorney-client relationship.

Red, White, and Boom — The Skeen Firm – Fourth of July Fun Guide

As we barrel toward our annual freedom fest on the 4th, it is important to remember some key laws and regulations. Doing so will prevent your holiday from ending in an undesirable boom. It might even help you increase your urge to toss tea in large bodies of water and attract bald eagles and the ghost of George Washington. (Note: results may vary, but safe, legal fun should not).  

In many ways, nothing is more patriotic than fireworks. The good news?  Personal firework displays are legal in PA. That does not mean you should go full Henry Knox, the country’s first great artillery officer. If you plan to shoot off some Class C explosives, it is important to remember that you must do so 150 feet away from an occupied structure and have permission from the property owner where the display will take place. Also, do not set them off from, within, or toward a building or vehicle. And, finally, do not set them off under the influence of drugs or alcohol. The last part is a perfect pivot to our next tip.

If you drink, do not drive! We do not suggest riding a horse either. Odds are, you are no Paul Revere. In earlier articles, we explained the difference between the Miranda warnings and the O’Connell warnings concerning suspected DUIs.  So, if you plan to enjoy a drink (or a few) while you’re manning the grill, be smart and have a designated driver lined up or use a ride share to get home safely.  Celebrating your freedom in a manner that may cost you yours just does not make sense!

Drinking and driving is not the only potential pitfall over the summer, especially on the 4th with peak crowds. Having some patience in high-traffic gatherings is key. These situations are veritable powder keg, between the heat, the drinks, and the elevated patriotism. Terroristic threats—a real crime, believe us—or assault charges can shut your celebration down quicker than Benedict Arnold can switch sides. This advice applies to co-parent situations, too.

To those who co-parent, be kind. Do not be greedy like King George by taxing the time your ex gets to celebrate with your kids.  If you share custody of your children with your ex, be flexible. Work together to make sure your children have an enjoyable 4th and summer!

If by chance your celebration leads to fireworks in life instead of the sky or an encounter with law enforcement, feel free to call us at 724-550-6970 or email us at info@theskeenfirm.com.  We would be glad to speak to you about how best to put out the fire.

*Disclaimer: the advice provided is for informational purposes and is not intended as legal advice.  It should not be relied on, nor construed as creating an attorney-client relationship.  The Skeen Firm is not a fire department.  If something is on fire or if there is some other emergency, please call 9-1-1.

The Cold Hard Facts of Pennsylvania Child Support

As promised, here’s a closer look at how Pennsylvania calculates child support.  So far, you know that child support is based off statutory guidelines, but how do they work?

The child support guidelines look at the portion of a household net income used for the benefit of the children of that household and then assigns a portion of that amount to each parent based on that parent’s contribution to the adjusted net household income.  Sounds complicated, right?  It really isn’t.  Let’s walk through an example.

Parent 1 and Parent 2 have two children together.  Parent 1 works a job earning $12.00/hour for 80 hours/paycheck and paid every other week.  Parent 2 earns $16.25/hour for 80 hours/paycheck and paid every other week.

Parent Income Breakdown

 If Parent 1 and Parent 2 were an intact family, their adjusted net household income would be $1785.  Parent 1 earns 43% of the total adjusted net household income and Parent 2 earns 57%.

According to the Basic Child Support Schedule, a household with a combined adjusted net income of $1,750 would spend $614 for the benefit of its two children.  Parent 1 would be responsible for 43% of the $614; Parent 2 would be responsible for the remaining 57%.

Basic Child Support Schedule

The child support guidelines assume the parent who owes support has custody of the children 30% of the time.  Assuming Parent 1 has primary custody of the two children, Parent 2 would owe Parent 1 $349.98 in child support each month.

A few other things to remember:

First, an award of child support is retroactive, meaning the monthly support obligation is due back to the date of filing.  Keep that in mind if you are the obligor (i.e., the parent who will have to pay support).  It’s in your best interest to provide the information and have the amount calculated sooner rather than later to minimize the arrears due.

Second, child support is calculated on a household basis which considers the total number of children, but not on a per child basis.  Let’s assume you’re the obligor and have four children.  Your oldest graduates from high school, and you file to terminate the support of that child.  Your overall child support obligation will likely decrease but it will not decrease by 25%.  Why?  The formula assumes that the parent receiving the support will still have the same mortgage payment and monthly bills associated with a home for the remaining minor children and you’ll still be responsible for your percentage of the intact family figure.  Take another look at the chart above.  The difference between the monthly expenses for two and three children for an intact family is only $18.00, not 50%.

Lastly, a hearing officer may deviate from the statutory guidelines if the facts warrant it.  Do the parents have 50/50 custody?  Does one parent pay for medical insurance for the children out-of-pocket?  Does one parent pay for all the children’s daycare expenses or unpaid medical expenses?  Does one parent pay private school tuition?  The court may consider all these things and may deviate from the statutory child support amount.

*Disclaimer: this article is for informational purposes only. It is not providing legal advice. It does not create an attorney-client relationship

The 1,2,3s of Asset Protection from Pennsylvania LLCs

To say there is an abundance of information online about Limited Liability Companies (LLC) is an understatement. With such great resources, why do many owner-operators have common problems? Whether going it alone or with a team by your side, it is important not to ever lose focus of the main value of an LLC: personal asset protection. That protection lasts only if the corporate veil stays intact. 

Now, wait a second. Who said anything about an old-timey word for curtains? What do curtains have to do with business anyway? 

Simple. A veil, or curtain, supplies concealment and protection from elements. The same concept is present to protect an LLC owner-operator's assets, at least to the extent that they follow corporate formalities. The corporate veil concept is the personal asset protection mechanism. While it is strong, it is not impenetrable. 

Piercing the corporate veil is a broader concept than many realize. Plus, in Pennsylvania, there is not a clear set of factors to define when a party can pierce the corporate veil. In Mortimer v. McCool, 255 A.3d 261 (Pa. 2021), the PA Supreme Court chose an “equitable powers” approach. This approach allows PA courts of all levels to evaluate the actions of owners to decide whether veil piercing is proper. This approach avoids setting out predictable factors and makes it tougher for owner-operators to avoid any specific conduct that could cost them the protection of their corporate veil. 

So while you cannot eliminate the odds that someone could pierce your LLC’s veil, you can do things to mitigate your risk. The three pillars of protection are 1. collect case law, 2. maintain formalities, and 3. capital control. While the first is out of an owner-operator’s control, there is no denying that the other two pillars are not only within your control: they are also best business practices for LLCs. 

Maintaining corporate formalities is easy. Keep all business and personal assets separate. And proper levels of insurance for your business. And keep accurate records. All things a healthy business does daily. Capital control for an LLC is an important sub-set of corporate formalities. It is important to adequately fund your LLC and to avoid treating it like a personal piggy bank. Again, both practices a healthy business would adopt. So where does that leave LLC owner-operators? As case law collectors. 

In Mortimer, the Court adopts a “geological accumulation” of case law to guide their equitable powers approach for veil piercing. The lack of precedent is unsettling. The decision makes keeping a watchful eye on veil piercing cases part of the path to understanding veil piercing, which in turn leads to a collection of precedent. As the number of cases grows, more elaborate guidance will evolve. In the meantime, follow best business practices. Take action to mitigate the potential of veil piercing by running a healthy business.

If you have questions about your business and asset protection, give us a call at 724-550-6970.

*Disclaimer: this article is for informational purposes only. It is not providing legal advice. It does not create an attorney-client relationship.

Be Like Bob - LLC to C. Corp. Conversion

LLCs are great for their ease of management and minimal corporate formalities. But, as a business scales, it could attract investors. Those investors are otherwise known as venture capital funds (VC). VCs prefer to invest in C Corporations. There are many reasons like tax considerations and exit strategies. For some business owners accepting fund investment was not on their radar when forming their business. Remember, one of the main considerations of forming a corporate entity is personal asset protection.

So, if accepting fund investments was not in view at formation, the logical step is converting an LLC to a C - Corp. Yes, serious consideration must go into converting membership interests to corporate shares. That time and cost is a drop in the bucket to receive the necessary funds to fuel your company. So, when the VCs arrive #BeLikeBob and convert your LLC to a C-Corp and send your company to the next level.

Be Like Bob - LLC

Bob is back and his assets have grown. Now is the time to think about organizing his business to protect his assets. The simplest method to do that is through a Limited Liability Company (LLC). Yes, Bob will get certain tax benefits, but that is not the most valuable attribute an LLC provides. The most valuable attribute of an LLC is asset protection for its members. The fact that it is not as formal as a corporation is a major bonus too.

Be Like Bob

We are often asked about which business entity is best? We almost always answer with, it depends. So, meet Bob, who will help us better explain when certain business entities might be right for you. Every other week we will follow Bob from sole proprietor to public company. Each time your goal is to #belikebob.

Alimony, Spousal and Child Support…Oh, My!

The end of a marriage is a difficult time for anyone, and the financial consequences of untangling two lives can make it even worse.  Although each is unique, alimony, spousal support and child support are all similar in the sense that one spouse is making a payment for the benefit of someone else (the other spouse or the parties’ children). 

In Pennsylvania, there are three types of spousal support/alimony, spousal support, alimony pendente lite and alimony.  Depending on what stage of the divorce process you’re currently in will determine what type of support you may have a right to receive.  (For more information click here.) When two people marry each other, they generally combine finances, enjoying a standard of life neither could achieve without the other.  Even if both parties work fulltime, it is likely one spouse is a “dependent spouse,” meaning one spouse earns less than the other.  The dependent spouse may receive spousal support or alimony pendente lite.  As part of dividing the marital estate, a court may order one spouse to pay the dependent spouse alimony.  Keep in mind that alimony is not guaranteed, as it is a secondary remedy for the Court to use if it is unable to equitably divide the marital estate.  Think liquid assets versus non-liquid assets (i.e., something that can be sold for cash versus a retirement account that would incur a substantial penalty for an early withdrawal before a certain age).

Child support, on the other hand, is support for the benefit of minor children.  The purpose of child support is to help ensure the children enjoy a standard of life like what they enjoyed before their parents’ separating or divorcing.  If you, your children, and the other parent of your children do not live under the same roof, one parent may owe child support to the other.  

The Domestic Relations section of your county’s Court of Common Pleas handles child support claims.  When one parent files for child support, both parents provide income and expense information.  The hearing officer then determines the adjusted net income of each parent and then uses those figures to calculate child support, applying statutory guidelines.  We’ll take a closer look at the breakdown of the calculation in our next article.  

There are two sides to each type of support: the spouse who is having to pay the support and the spouse who is relying on the support to make ends meet.  Neither position is ideal.  If you find yourself in a situation where you want to be sure the support calculations for your case are correct, give us a call.  We’d love the opportunity to discuss the specifics of your case with you.

*Disclaimer: this article is for informational purposes only. It is not providing legal advice. It does not create an attorney-client relationship.

The 85% Rule, Flow State, and Business Growth

Entrepreneurs are notorious workaholics. They eat, sleep, and breathe their business. But is all-out effort, all the time best for business? Maybe. But is it necessary? Are you familiar with the 85% rule?

Knowing what you are doing, inside and out, is important for success. But preparation is only half the battle. When it comes to meetings with clients or ensuring your business performs, achieving a flow state is critical. A flow state—the immersive, full attention, effortless progress zone—is where the 85% rule comes into play. The ability to relax and work at 85% will allow you to take charge of your results.

This philosophy also applies to our approach with our business clients. We know that running your business, not overseeing legal issues, is why owners built their businesses. At The Skeen Firm, we focus on your legal issues and minimize your downside so you can focus on your business and maximize your upside. Reducing stress over legal issues gives owners an increased chance of finding their flow state and peace of mind.

For more info on the 85% rule click here.

Governance - Gosh Darn It!

Your business has grown by double digits each year. Your cashflow is off the charts! When you set your business up, you set a goal to grow and sell after 5 years. As if on script, a bid comes in for your business with an above market offer. You can see the beach home you've always dreamed of, and you are excited for your life of ease.

After signing a Letter of Intent, the deal moves into the due diligence phase. Then it happens. The other side asks for your corporate documents. All that exists are your financial statements, because after all, making money is the business’ goal.

The problem is, the other party needs to know how decisions are made, how strategy is set, what the ethical behavior of the company is, and any risk management in place. The lack of information makes the other party question the business’ integrity and the entire deal. 

Suddenly what seemed like a waste of time and money is costing you a significant amount of money. This is a true situation where an ounce of prevention is worth a pound of cure.

At The Skeen Firm, we take the grind out of governance, allowing you to focus on making money. Don’t let governance issues hamstring your business or be your Achilles’ heel, leaving you to say gosh darn it. 

If you have governance questions or would like a legal audit of your business, give us a call at 724-550-6970.

*Disclaimer: this article is for informational purposes only. It is not providing legal advice. It does not create an attorney-client relationship.

Martin Luther King Day 2022

"The ultimate measure of a man is not where he stands in moments of convenience and comfort, but where he stands at times of challenge and controversy." Martin Luther King, Jr.

So your marriage is coming to an end. Now what? Part II

You’ve gotten over the initial shock of realizing that your marriage is over.  Now what?  Well, now you have some tough decisions to make starting with what do you want out of the divorce.  Some preliminary matters to work though include who stays in the house, who gets physical custody of the children, who gets possession of the family pet, and how will the assets/debts be divided.

Residing in the marital home to the exclusion of your spouse is known as exclusive possession.  If there are children involved, the spouse having primary physical custody generally resides in the house to minimize the displacement of the children.

If the parties cannot agree on physical custody, the court will look at 16 factors to ultimately decide what is in the best interests of the children.  Most courts believe it’s important for children to spend equal time (or as close to equal time as possible) with each parent.  You’ll want to keep that in mind if you choose to move out and get a place of your own.  The farther you live from your spouse, the harder it is to make joint custody work and the harder it is on your children.

If you’re like me, your family pet is more than a pet, he’s a four-legged family member.  Unfortunately, the law doesn’t give him the same love you do.  Pets are considered marital property.  If the parties can’t agree, the court will decide who gets the pet in equitable distribution.

Generally, the party living in the marital home is responsible for the bills as well.  If you’re driving a vehicle, you’re most likely responsible for the costs associated with that vehicle.  Each party is generally responsible for bills in his/her own name, and history helps determine who is responsible for joint bills.  Any payments made during the separation or while the divorce is pending towards joint bills or for the benefit of joint assets may be offset during equitable distribution.

Your assignment: make a list of individual and marital assets and debts.  Gather copies of titles, account statements, appraisals, etc.  Each party will have to prepare an inventory of what property needs to be divided.

If you are trying to determine what to do next, give us a call at 724.550.6970.  We offer a free 30-minute consultation and would love to discuss how we may help you with your divorce.

*Disclaimer: this article is for informational purposes only. It is not providing legal advice. It does not create an attorney-client relationship.

I’ll Take Corporate Transparency Act and Beneficial Ownership Disclosure for $500

Answer: The Corporate Transparency Act (“CTA”) is part of the Anti-Money Laundering Act of 2020, which Congress added to the National Defense Authorization Act for Fiscal Year 2021 (“NDAA”). 

Question: What is the first time the federal government has stepped into entity formation involving companies that are not publicly traded?  

Excuse our love of Jeopardy! While we are here though, why put your company in jeopardy? By the way, the $500 in the headline is a potential daily penalty for non-compliance with the CTA. Let’s dig in to how this supposed defense measure impacts you and your small business. 

Why did Congress think the CTA is useful?  The CTA requires Beneficial Ownership Disclosure (“BOD”) of all reporting companies. To keep it simple a reporting company is any corporation, LLC, or other similar entity formed with any state or foreign government. A beneficial owner of this kind of company is any person or entity with over 25% ownership. 

Why is it important and how does it relate to national defense? That answer is more complex than it appears. It boils down to two main reasons. The first reason is the difficulty of tracking owners of the more than two million corporations and LLCs formed each year. The second reason is the potential to launder money created by this difficulty. 

With that in mind, Congress decided now was the time to up its efforts in fighting money laundering. The current regulatory scheme allows for a lot of anonymity in business ownership for companies not regulated by the SEC. This regulatory scheme creates an ideal environment to conduct business through “shell” companies. These shell companies further distance an individual from ownership. It is easy to see how this scheme could create a laundering operation labyrinth. The complexities could make prosecution elusive. So as is often the case, the many now pay for the few. 

While the regulations are not final, we do know that all newly registered entities will have compulsory BOD reporting at filing. The rule for existing entities is less clear. The United States Treasury Financial Crimes Enforcement Network (FinCEN)did propose rules for implementation in 2022 in December 2021. Comments on the proposed rule close on February 7, 2022. Either way, the time to get ahead of this change and rule is now. We will keep you updated on the final rule once it is available. 

Contact The Skeen Firm today at 724-550-6970 or info@theskeenfirm.com to set up your CTA compliance plan. 

*Disclaimer: this article is for informational purposes only. It is not providing legal advice. It does not create an attorney-client relationship.

So your marriage is coming to an end. Now what?

Although no one gets married planning for a divorce, sometimes people are better off apart.  Maybe they’re better as friends or maybe they’re so toxic together that divorce is the healthiest option for everyone involved.  The end of a relationship – even more so a marriage – can be a tough thing to process both mentally and emotionally.  In the next few posts, we’ll look at some things to consider if you find yourself at the end of your marriage road.

First, remember that the two of you loved each other at some point or you wouldn’t be married in the first place.  Try to use that memory as the foundation for your decisions moving forward, especially if there are children involved.  Revenge may sound good in theory, but is it worth the time, energy, heart and money it will cost you?  Probably not.  Getting back at the spouse who hurt you or taking your spouse to the cleaners may make you feel better now, but it’s likely to cost you (or, more importantly, your children) in the end.  Couples who can amicably dissolve their marriage are more likely to be able to effectively coparent post-divorce.

Research reveals that anywhere from 2 to 10 percent of divorce cases are decided by a judge.  That means an overwhelming majority of divorces are settled amicably between the parties (with or without their lawyers) or in mediation.  You have more control over the outcome of the situation if you are willing to negotiate in good faith with the other party than you do if the decision goes to a divorce master or even the judge.  Would you rather control your destiny or let a stranger who is only going to hear a portion of your story decide for you?

On top of giving you more control over the outcome, uncontested divorces are resolved in a fraction of the time as a contested divorce.  An uncontested divorce can be finalized in roughly 120-150 days, depending on the specific facts of your circumstances.  A contested divorce, which requires a separation period of at least one year, may take up to 15 months or even longer.

If you or your spouse has decided it’s time to end your marriage, give us a call at 724.550.6970.  We offer a free 30-minute consultation and would love to discuss how we may help you with your divorce.

*Disclaimer: this article is for informational purposes only. It is not providing legal advice. It does not create an attorney-client relationship.

Naughty or Nice - Custody Edition

The holiday season is upon us, and we’re just as excited about Santa’s arrival as you are!  Did you know that Santa’s Naughty and Nice list isn’t only for children?  That’s right.  Santa’s also making a list of parents dealing with custody issues, and he’s checking it twice. 

Are you in the middle of a custody battle?  Is your name on the Naughty List or the Nice List?  Maybe you and your ex simply cannot see eye-to-eye, I mean, your ex is an ex for a reason, right?  Maybe your ex is constantly making mountains out of molehills.  Maybe your ex refuses to cooperate with even the slightest deviation from your custody order.  And maybe all of these things are making you react instead of respond.

Disagreements over custody matters can be stressful and can also lead parents to behave in a way they normally wouldn’t.  Don’t fall victim to the temptation to react!  Reacting can lead to impulsive decisions that are not in the best interest of your children.  Reacting can also land your name on the Naughty List.

You may find your name on the Naughty List if you’re discussing your custody battle with your children.  Children are not pawns in the chess game of custody you’re playing with your ex.  If you refrain from including your children in adult matters, you can be sure your children aren’t ending up in the middle of an unfair situation.

Rather than react, take a few moments (or twenty, as the case may be) and ask yourself what is in the best interest of your children.  If you make a decision from a space of clarity, you are responding.  Remind yourself that your children are not pawns in a game of chess and they should always inspire your decisions.  Taking yourself out of an emotional reaction is one way to find yourself on the Nice List.

Another way to be a winner on the Nice List: consider the perks of co-parenting.  Not the pretend “we co-parent” sentiment like “the check’s in the mail” – the actual “we’re going to show up for our children – together – as a united front.”  If your ex has remarried, don’t stonewall the new spouse.  They say it takes a village to raise a child, and there’s a reason for it.  What child doesn’t benefit from having an extra parental figure (or two) to love and support him?

We wish you the absolute best holiday season!  If, for some reason, you find yourself on the Naughty List or dealing with your ex who has laid claim to the #1 spot on the Naughty List, give us a call at 724-550-6970. 

The Skeen Firm 2021 Holiday Primer

The Skeen Firm 2021 Holiday Primer

It’s the most wonderful time of the year! Sure, the holiday season is great and all, but it is time for the annual Skeen Firm Holiday Primer. Your yearly gift guide of how to holiday the right and legal way. While we do not guarantee results by any means, we wish you a happy, safe, and lawyer-free holiday season.

Easy Ebenezer

The holidays are no time for misers. So, before you go full Scrooge remember that no other period of the year embodies the spirit of giving more than December. We have discussed giving and taxes in the last two holiday primers and will skip re-hashing the subject, because a broken record is a terrible record. If you need a review, though feel free to click the following links (2020 Holiday Primer and Initial Holiday Primer). Long story short, give until it hurts and then give some more!

Party Time

Holiday parties are making a comeback this year. We hope you are as excited to see colleagues, friends, and family as we are, but remember that drinking and driving is always a terrible idea. The legal limit in Pennsylvania is .08. Pennsylvania classifies DUIs into three tiers:  general impairment, high rate, and highest rate. These tiers add penalties depending on the number of offenses. When combined they determine the sentence and fines associated with a DUI. Talk about a serious buzz kill.

Heated Holiday

Holiday parties are not the only events making a comeback. Many families are preparing to resume large gatherings this year. We implore you to check your temper at the door. While you’re at it, check your politics, religion, and any other nonsense, regardless of your beliefs, at the door, too. Focus on family and fun! 

There is never a good time for a domestic issue so keep that in mind while you are attending family celebrations.  Sure, there is a lot of stress at this time in everyone’s lives. Do not let that stress escalate a situation to fisticuffs or worse.  It is safe to assume that no one wants an assault, battery (or both) case either civil or criminal as a gift this holiday season. Save that for Springer. 

Mental Miracle 

The past 20 or so months were hard on everyone. Pandemic-related stress coupled with holiday stress can show itself in a number of ways, whether through panic attacks, or withdrawal from anxiety or depression. It is especially important to pay attention to your own mental health during the holidays, but perhaps the best gift we can give is to look out for one another. Asking questions, genuinely caring, and helping your family and friends will do more for them than anything material. Like the holidays, these actions are priceless, but free.

So, as we close our annual primer we hope you enjoy one another. Please, be kind to everyone you meet. And give freely of your time and money. 

If you do not head this advice, feel free to call us at 724-550-6970 or email us at info@theskeenfirm.com. We will help you with your holiday humbugs.  

*Disclaimer: this article is for informational purposes only. It is not providing legal advice. It does not create an attorney-client relationship.

Essential Estate Planning

Estate planning.  Estate.  Planning.  Many of us read the words “estate planning” and experience a whole slew of emotions.  You may think “I’m too young to need an estate plan” or “I’m not rich so I certainly don’t have an estate.”  Odds are, you’re wrong on both counts.  

If you’re lucky enough to have been spared the experience of a tragic loss yourself, you probably know someone who hasn’t been as fortunate - a friend or family member whose loved one’s life was cut short by a terrible illness or horrific accident.  Unfortunately, none of us is guaranteed tomorrow, and the best way to protect your loved ones in the event of an unexpected tragedy is to have a plan.

If you own any assets, you have an estate, the legal term for the property a person owns.  Yes, estates may include real estate and bank accounts, but they also include collectible items, jewelry, vehicles, and the like.

In Pennsylvania, an estate may pass to a person’s heirs by two paths: intestate or testate succession.  Intestate succession is how a person’s assets pass to their heirs if a person dies without a will.  Each state has its own intestacy laws, and your property will pass to your next of kin without your having any input.  If you want to be sure that your favorite person receives the family heirloom that’s been passed down for generations or your most prized possession, you need to be proactive in estate planning.

While some may shy away from estate planning because they still feel invincible or think they have another 60 years to live, others may be hesitant to start the process because it feels overwhelming.  Let me tell you, it does not have to be that way.  Even the most basic of documents can help ease the stress your family will inevitably experience.

An essential estate package consists of five documents: a Last Will and Testament, a Durable Power of Attorney, a Durable Healthcare Power of Attorney, a HIPAA Release form and a Final Disposition Instruction sheet.  

Last Will and Testament

Your Last Will and Testament is exactly what it sounds like – it’s the document that conveys what your will is – how you want your estate to be handled, how you want your property to be distributed, and exactly what your wishes are.

Powers-of-Attorney

A Power-of-Attorney, more commonly known as a POA, allows you to give someone else the power to act on your behalf.  Should you become incapacitated or unable to make decisions for yourself, a Durable Power-of-Attorney grants your Agent the authority to handle day-to-day tasks for you, such as paying your bills, buying/selling real estate, etc.  A Healthcare POA, however, allows your Agent to make important medical decisions on your behalf in the event of you become incapacitated.  The most important aspect of a Healthcare POA is that it gives you a voice when you may be unable to speak.  While most loved ones may know your end-of-life decisions, a Healthcare POA ensures that your wishes are carried out. 

HIPAA Release

Today, your privacy may be one of your most valued possessions, and it may also be one of the hardest to protect.  With the enactment of laws specifically written to protect your private medical information, you should grant your Agent access to your information.  Your Agent will most likely need this information to help carry out your directives and make the decision best aligned with your wishes.

Final Disposition Instructions

Have you made pre-funeral arrangements somewhere?  Do you want to be cremated because you’re claustrophobic and can’t stand the thought of your body lying in a casket?  Or maybe you’re terrified of fire and would rather be buried in a casket than be cremated?  Either way, do your loved ones know without a doubt what you want?  Do you want a funeral?  A viewing?  These are some really tough questions to think through.  Pause and consider this: if these are difficult for you to think about, how hard do you think these decisions will be for your loved ones to make when they are grieving your loss?  Final Disposition Instructions give your Agent all the answers, and once again, allows your Agent to carry out your wishes. 

Essential estate documents are invaluable because they take the guessing out of a terrible situation.  Having your wishes in writing prevents a loved one from having to make an impossible decision without your input and possibly second-guessing that decision down the road.  If your Agent is carrying out your wishes, the impossibly hard decisions may become easier to make, knowing it was what you wanted.  

If you do not have these five documents in place, call The Skeen Firm (724-550-6970) today to schedule an appointment.  It’s never too early to ease the inevitable burden on your loved ones and ensure that your voice is heard.