No Fear of the Clock: Flat Fee Family Law in West Virginia

Family law clients in West Virginia often face the same challenge: every question or call can mean another bill. That pressure can stop people from communicating openly with their lawyer—especially during emotional moments like divorce or child custody matters.

At The Skeen Firm, our flat-fee family law services are built to remove that fear. You’ll always know the cost upfront, so you can focus on your family, not the meter.

The Problem with Hourly Billing

Hourly billing rewards time, not results. Clients hesitate to contact their attorney because each minute is money. In family cases—where emotions and decisions change quickly—that delay can cause costly mistakes.

The Power of Flat Fees

Our flat-fee structure means your legal fees are clear, predictable, and fair. Here’s what that means for you:

• Freedom to ask questions anytime.
• No surprise invoices.
• Open, ongoing communication.
• A focus on strategy, not billable hours.

Why This Matters in West Virginia

From Monongalia to Marion and Harrison Counties, family law cases require consistent communication and quick decisions. Flat fees give clients confidence to reach out as needed—without worrying about hourly charges.

At The Skeen Firm, we believe trust grows through transparency. That’s why our flat-fee model is changing how West Virginians experience family law—one conversation at a time.

📅 Book Your Discovery Call

*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.

No Fear of the Clock: Flat Fee Family Law in Pennsylvania

For many families across Pennsylvania, legal representation can feel like a race against the clock. Every minute with your lawyer can mean another bill. This pressure often makes clients hesitate to reach out, even when communication is crucial.

At The Skeen Firm, we believe you shouldn’t have to choose between getting answers and staying within your budget. That’s why our flat-fee family law services are designed to remove the stress of hourly billing and build stronger attorney-client communication.

Why Hourly Billing Creates Barriers

In traditional hourly models, every email or phone call adds to your balance. That makes clients cautious, sometimes even silent, at the exact moment they need legal guidance most—during custody disputes, divorce filings, or support negotiations.

How Flat Fees Change Everything

With flat fees, you’ll know your total legal cost upfront. The result?

• More openness: You can talk freely without worrying about time.
• Faster advice: You get answers before issues escalate.
• Better focus: You and your attorney can concentrate on outcomes, not billing clocks.
• Collaborative strategy: You and your lawyer work as a team—not as a meter running.

Why This Matters in Pennsylvania

Family law in PA often varies by county—what works in Washington County might differ in Allegheny or Beaver. Having an attorney who communicates consistently can make all the difference. Our flat-fee model gives clients confidence to ask questions and stay involved from start to finish.

At The Skeen Firm, we want you to feel heard, informed, and supported—without worrying about every six-minute billing increment.

📅 Book Your Discovery Call

*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. 

How Are Assets Divided During Divorce in Pennsylvania?

Divorce can bring many challenges, and one of the most complex is dividing financial assets. If you’re going through a divorce in Pennsylvania, understanding how the courts handle asset division is critical. Below, we explain what “equitable distribution” means, what property counts, what factors the courts look at, and how you can prepare.

What Is Equitable Distribution?

In Pennsylvania, divorcing couples follow the equitable distribution standard—rather than automatically splitting everything 50/50. That doesn’t necessarily mean equal in every case, but fair, considering the circumstances of the marriage.

What Property Is Divided?

“Marital property” is the pool from which assets are divided, and includes:

• Property acquired during the marriage
• The increase in value of property owned before marriage, if tied to marital contributions
• Pensions, retirement accounts, investment accounts, and insurance benefits obtained while married

Not included: property owned before the marriage (if kept separate), inheritances, and individual gifts.

How Courts Determine the Division

Once a divorce is filed, either spouse may ask the court to divide marital assets. The court values and divides property in a way that is equitable under the law. Factors include:

• Length of the marriage
• Age, health, income, and liabilities of each spouse
• Prior marriages
• Contributions toward the other spouse’s education or earning ability
• Retirement benefits, insurance, or medical coverage
• Value and use of marital property
• Standard of living established during the marriage
• Economic circumstances at the time of division
• Tax implications of dividing assets
• Costs of liquidating or transferring property
• Custodial responsibilities for children

What “50/50” Really Means

While many assume property is split evenly, equitable distribution means division could be 50/50—or something different depending on fairness. For example, one spouse might receive the marital home, while the other gets a mix of assets of similar value. The court considers debt, income differences, and future needs.

What Doesn’t Matter

Some issues do not affect property division in Pennsylvania, including:

• Marital misconduct such as infidelity
• Other personal wrongdoing, unless it directly affects finances

How to Prepare

• Document assets, inheritances, and accounts
• Get appraisals for real estate, retirement, or business interests
• Understand marital debts and liabilities
• Review tax consequences of dividing assets
• Work with an experienced Pennsylvania family law attorney

Final Thoughts

Dividing property in a Pennsylvania divorce is about fairness, not just formulas. Knowing the rules and preparing can protect your financial future. If you’re facing divorce, consult with a family law attorney to understand how Pennsylvania law applies to your case.

*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. 

Undertanding Child Custody in Pennsylvania

Child custody is a legal determination that assigns custodial rights for a child. In Pennsylvania, custody includes both legal custody—the authority to make significant decisions about the child’s welfare (like education, medical care, and religion)—and physical custody—where and with whom the child lives.

Types of Custody in Pennsylvania

Pennsylvania law provides several custody types to best suit the child’s needs and family circumstances:

Custody Type	What It Means
Shared Physical Custody	Both parents share substantial time living with the child.
Primary Physical Custody	One parent has the majority of physical care; the other has visitation or partial parenting time.
Sole Physical Custody	One parent has exclusive physical care; the other parent may have negligible or no custody time.
Partial Physical Custody	One parent has limited physical time with the child.
Supervised Physical Custody	Visits occur only under the supervision of a third party or agency.
Shared Legal Custody	Both parents share decision-making responsibility over major aspects of the child’s life.
Sole Legal Custody	One parent alone makes major decisions affecting the child.

How Courts Decide Custody in Pennsylvania

Courts base custody decisions on the best interest of the child. Some of the factors considered include:

• The child’s relationships with each parent
• Each parent’s ability to meet the child’s physical, emotional, educational, and medical needs
• Any history of abuse or domestic violence
• The child’s preference (depending on age and maturity)
• Which parent is more likely to encourage a positive relationship with the other parent

Custody orders are binding. Failing to follow them can result in contempt of court—leading to fines, probation, or even jail.

Why Custody Matters

Custody arrangements directly affect:

• Where the child lives and how often they see each parent
• Who makes key decisions about schooling, healthcare, and religion
• How responsibilities are shared in day-to-day parenting

Summary

In Pennsylvania, child custody covers both physical custody (where the child lives) and legal custody (who makes important decisions). Courts determine custody by focusing on the child’s best interests. Because custody orders are legally enforceable, parents should understand their rights and obligations to avoid serious legal consequences.

Need help with a Pennsylvania custody matter? The Skeen Firm is here to guide you. Contact us today for a consultation.

*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. 

Dissolving and Winding Up an LLC in West Virginia

Business owners in West Virginia should be familiar not only with forming an LLC but also with properly dissolving and winding up their company if circumstances require.

The rules for dissolution are found in the West Virginia Code, Chapter 31B – Uniform Limited Liability Company Act. Following these statutory steps ensures that obligations are met, members are protected, and the LLC is officially closed in the eyes of the law.

When Does an LLC Dissolve in West Virginia?

Under West Virginia law, an LLC may dissolve in several ways:

• Voluntary Dissolution – Members may agree to dissolve, either under the operating agreement or through statutory procedures.

• Administrative Dissolution – The Secretary of State may dissolve an LLC for failing to file annual reports, pay fees, or comply with state requirements.

• Judicial Dissolution – A court may order dissolution when it is no longer practicable to operate, or if disputes or misconduct make it impossible to continue.

The Winding Up Process

After dissolution, the LLC must “wind up” its business. This involves:

1. Ending Business Operations – The LLC may only act to close its affairs.

2. Notifying Creditors and Claimants – The company must notify creditors and give them an opportunity to file claims.

3. Paying Debts and Obligations – All liabilities, including taxes, must be satisfied.

4. Distributing Remaining Assets – Remaining property or funds are distributed to members as outlined in the operating agreement or by state statute.

Risks of Improper Dissolution

Improperly dissolving an LLC can leave members exposed to:

• Creditor lawsuits

• Unpaid tax obligations

• Penalties from the West Virginia Secretary of State

How Legal Counsel Helps

At The Skeen Firm, we help West Virginia business owners manage the complexities of LLC dissolution. Our attorneys can:

• Draft and file dissolution paperwork

• Advise on disputes among members

• Oversee creditor claims and distributions

• Ensure compliance with Chapter 31B of the WV Code

If you’re searching for a West Virginia business law attorney to provide guidance on winding up an LLC in West Virginia, our team is here to protect your interests. Properly winding up your LLC ensures a clean break and safeguards against future liability.

Contact us today to learn more about dissolving an LLC in West Virginia with the help of experienced counsel.

Read about LLC dissolution in Pennsylvania here.

*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

Understanding Pennsylvania LLC Dissolution and Winding Up Under Title 15

Starting a limited liability company (LLC) in Pennsylvania can be an exciting step for business owners. But just as important as forming your business is knowing how to properly dissolve and wind up your company if the time comes.

Under Title 15 of the Pennsylvania Consolidated Statutes, Chapter 88, Subchapter G, the law lays out the process for closing an LLC. Following these steps correctly helps protect members from future liability, ensures debts are settled, and wraps up business affairs in compliance with state law.

When Does an LLC Dissolve in Pennsylvania?

Pennsylvania law recognizes several ways an LLC can dissolve:

• Voluntary Dissolution – Members may agree to dissolve under the terms of the operating agreement or, if no agreement applies, by statutory procedure.

• Automatic Dissolution – Certain events, such as the expiration of a set duration in the operating agreement, can automatically trigger dissolution.

• Judicial Dissolution – Courts may order dissolution when it becomes unlawful or impracticable to continue the business, or if member misconduct or disputes prevent the LLC from functioning.

The Winding Up Process

Once dissolution begins, the LLC enters a “winding up” period. The company must:

1. Cease Operations – Business stops, except as needed to wind up affairs.

2. Notify Creditors and Claimants – Known creditors and claimants must receive notice to file claims.

3. Settle Debts and Taxes – All debts, obligations, and taxes must be satisfied.

4. Distribute Assets – Remaining assets are divided according to the operating agreement or, if no agreement, according to Pennsylvania law.

Risks of Improper Dissolution

Failing to follow Title 15 procedures can create long-term problems for members, including:

• Ongoing liability for unpaid debts or lawsuits

• Tax issues or penalties

• Continued filing obligations with the Pennsylvania Department of State

How Legal Counsel Helps

At The Skeen Firm, we guide Pennsylvania businesses through dissolution and winding up. Our services include:

• Drafting dissolution resolutions and notices

• Managing disputes between members

• Handling creditor claims

• Ensuring compliance with Title 15

If you’re looking for a Pennsylvania business law attorney to help with LLC dissolution in Pennsylvania, our team provides the guidance you need. Closing a business is never easy, but with proper legal support, you can protect your interests and move forward with confidence.

Contact us today to discuss closing a Pennsylvania LLC with an experienced attorney.

*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.

Common Areas of Dispute in West Virginia Estate Litigation

When a loved one passes, families hope for a smooth process of honoring their wishes and distributing assets. Unfortunately, disagreements over an estate are common and often lead to litigation in West Virginia courts.

At The Skeen Firm, we help clients navigate these disputes with clarity and care. Understanding the most frequent problem areas can prepare you for what to expect.

1. Will Contests

In West Virginia, wills can be challenged for several reasons:

• Lack of testamentary capacity – Arguing the decedent did not understand what they were signing.

• Undue influence – Claiming someone pressured or manipulated the decedent.

• Improper execution – If the will fails to meet West Virginia’s legal formalities.

2. Executor or Personal Representative Misconduct

West Virginia law requires executors (also called personal representatives) to act in the best interests of the estate. If they misuse assets, delay administration, or act unfairly toward beneficiaries, litigation may be required to remove or hold them accountable.

3. Trust Disputes

Trusts often aim to simplify administration, but disagreements can still arise over trustee decisions, distributions, or allegations of mismanagement.

4. Disputes Over Non-Probate Assets

Many estate fights in West Virginia center on life insurance, joint accounts, or retirement benefits. Conflicts may arise if beneficiary designations were changed late in life or are unclear.

5. Creditor Claims and Debt Issues

Heirs may object when creditors attempt to collect from the estate, particularly if the debt seems invalid or overstated. Resolving these disputes requires careful knowledge of West Virginia probate law.

6. Property and Family Business Conflicts

West Virginia estates often include family-owned land, farms, or small businesses. Disputes can arise over valuation, division, or buy-out rights, making these some of the most challenging estate litigation issues.

Navigating Estate Litigation in West Virginia

Estate disputes can quickly escalate, causing financial strain and family division. Having a knowledgeable West Virginia estate litigation attorney by your side can protect your interests and bring resolution.

Download our West Virginia Estate Planning Guide - HERE

At The Skeen Firm, we represent executors, heirs, trustees, and beneficiaries across West Virginia. Contact us today to discuss your case and protect your family’s legacy.

*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.

Common Areas of Dispute in Pennsylvania Estate Litigation

When a loved one passes away, the last thing most families expect is a court battle. Unfortunately, disagreements over an estate are more common than many realize. Estate litigation in Pennsylvania often arises when family members, beneficiaries, or creditors cannot agree on how a will or trust should be interpreted or how assets should be distributed.

At The Skeen Firm, we regularly guide clients through these difficult disputes. Understanding the most common issues can help you anticipate potential problems and protect your family’s interests.

1. Will Contests

One of the most frequent disputes in Pennsylvania estate litigation involves challenges to the validity of a will. Common reasons for contesting a will include:

• Lack of capacity – Arguing the decedent was not of sound mind when signing.

• Undue influence – Claiming a beneficiary manipulated the decedent into changing the will.

• Improper execution – If the will does not meet Pennsylvania’s strict formal requirements.

2. Executor Misconduct or Removal

The executor of an estate is responsible for managing assets, paying debts, and distributing property. If beneficiaries believe the executor is mishandling funds, failing to follow the will, or acting in bad faith, litigation may be necessary to remove or replace them.

3. Trust Disputes

Trusts can provide significant protections, but they are not immune from conflict. Disagreements often arise regarding how the trustee manages trust property, makes distributions, or interprets trust language.

4. Disputes Over Non-Probate Assets

Life insurance policies, retirement accounts, and joint accounts often pass outside of probate. Disputes occur if beneficiary designations are unclear, outdated, or suspected to have been changed improperly.

5. Creditor Claims

Creditors may file claims against an estate, and beneficiaries may object if they believe the debts are invalid or inflated. These disputes can significantly delay distribution of assets.

6. Family Business or Real Estate Issues

In Pennsylvania, estates often include family-owned businesses, farms, or real property. Questions about valuation, division, or the right to buy out interests can quickly become contentious.

Protecting Your Family in Estate Disputes

Estate litigation is stressful, time-consuming, and emotionally draining. Having an experienced Pennsylvania estate litigation attorney can make all the difference in protecting your rights and working toward a fair resolution.

At The Skeen Firm, we represent heirs, beneficiaries, executors, and trustees across Pennsylvania. If you are facing an estate dispute, schedule a consultation today to discuss your options.

*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.

Long-Term Care Insurance: What You Need to Know Before It’s Too Late

Planning for the future isn’t just about writing a will or creating a trust—it’s also about making sure you and your family are financially protected if the unexpected happens. One of the most overlooked pieces of an estate plan is long-term care insurance.

As an estate planning attorney, I see firsthand how quickly the cost of nursing homes, assisted living, or in-home care can drain even a well-built estate. Without a plan in place, families are often left scrambling to figure out how to pay for care while also protecting what they’ve worked so hard to build.

Why Long-Term Care Insurance Matters

The truth is, most of us will need some form of long-term care as we age. Medicare only covers limited, short-term nursing care. Medicaid can help, but only after you’ve spent down your assets to meet strict eligibility requirements.

That’s where long-term care insurance comes in. These policies help cover the costs of services like:

• Nursing homes

• Assisted living facilities

• Home health aides

• Adult day care services

Having coverage means you don’t have to liquidate your savings or sell your home just to afford care. It can also give your family peace of mind knowing there’s a plan in place.

The Estate Planning Connection

Long-term care insurance isn’t just about healthcare—it’s about protecting your estate. Without coverage, the cost of care can wipe out retirement accounts, force the sale of property, and leave little to pass on to your loved ones.

As part of a comprehensive estate plan, I often recommend clients explore their insurance options alongside wills, trusts, and powers of attorney. Together, these tools create a stronger safety net for both you and your heirs.

Finding the Right Policy

Not all long-term care policies are created equal. When reviewing your options, here are some key factors to consider:

• Daily or Monthly Benefit – How much will the policy pay for care each day or month?

• Benefit Period – How long will benefits last—two years, five years, or for life?

• Elimination Period – How long do you pay out-of-pocket before benefits start?

• Inflation Protection – Will the benefit increase over time as care costs rise?

• Hybrid Policies – Some life insurance policies include a long-term care rider, which can be an attractive alternative for certain families.

An estate planning attorney can help you evaluate whether long-term care insurance makes sense for your financial picture and how it fits into your broader estate plan.

Taking the Next Step

The earlier you look into long-term care insurance, the better. Premiums are more affordable when you’re younger and healthier, and you’ll have more options to choose from.

If you’re thinking about your future—or your parents’—now is the time to act. At The Skeen Firm, we help families across Pennsylvania and West Virginia build estate plans that go beyond documents. We look at the full picture, including strategies for protecting your assets from the high cost of long-term care.

Ready to Start Planning?

If you want to explore how long-term care insurance fits into your estate plan, schedule a consultation with us today. We’ll walk you through your options, answer your questions, and help you create a plan that gives you and your family peace of mind.

*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.

Understanding Power of Attorney in West Virginia: A Guide for Individuals and Families

If you live in West Virginia, having a Power of Attorney (POA) can be one of the most important legal steps you take to protect yourself and your loved ones. A Power of Attorney allows you to give someone you trust the legal authority to act on your behalf if you can’t make decisions for yourself.

Whether you are planning for the future, helping aging parents, or facing a sudden medical emergency, knowing how a Power of Attorney works in West Virginia can save your family stress, time, and money.

What is a Power of Attorney?

A Power of Attorney is a legal document that lets you choose someone (called your “agent” or “attorney-in-fact”) to make decisions for you. These decisions might be about:

• Managing your bank accounts

• Paying bills and taxes

• Buying or selling property

• Handling medical care and treatment choices

In West Virginia, your Power of Attorney can be customized to cover only certain tasks or give broad authority over many areas of your life.

Types of Power of Attorney in West Virginia

West Virginia recognizes several types of POAs, each with a different purpose:

1. Durable Power of Attorney

A Durable Power of Attorney in West Virginia stays in effect even if you become mentally or physically unable to make decisions. This is the most common type used in estate planning.

2. Medical Power of Attorney

A West Virginia Medical Power of Attorney allows your agent to make healthcare decisions for you if you are unable to speak for yourself. This can include treatment plans, surgery approvals, and end-of-life care.

3. Limited (or Special) Power of Attorney

This type is used for a specific task and for a set amount of time, such as signing paperwork while you are traveling.

4. Springing Power of Attorney

A Springing Power of Attorney in West Virginia only becomes active when a specific event happens—most often, when a doctor certifies that you can’t make your own decisions.

Why a Power of Attorney Matters in West Virginia

Without a valid Power of Attorney, your family might have to go to court to get guardianship or conservatorship before they can help you. This process can be costly, stressful, and time-consuming.

Having a POA means:

• You choose who will make decisions for you

• Your wishes are more likely to be honored

• Your family can avoid unnecessary legal battles

Requirements for a Valid Power of Attorney in West Virginia

To be legally valid in West Virginia, your Power of Attorney must:

1. Be in writing

2. Clearly name your chosen agent

3. Be signed by you (the “principal”)

4. Be notarized

If your POA involves real estate, it may also need to be recorded at the county clerk’s office.

How to Get a Power of Attorney in West Virginia

You can find generic POA forms online, but these often don’t cover specific needs or West Virginia’s unique legal requirements. It’s best to work with an attorney who can:

• Customize the document to your situation

• Ensure it meets all legal requirements

• Explain your agent’s rights and responsibilities

Common Situations When a POA is Useful

• Preparing for surgery or medical treatment

• Helping elderly parents manage their affairs

• Military deployment

• Extended travel abroad

• Managing property while living in another state

Final Thoughts

A Power of Attorney in West Virginia is a simple but powerful way to protect yourself and your loved ones. It ensures that someone you trust can step in when needed—without the delays and costs of going to court.

If you live in Morgantown, Wheeling, Fairmont, Clarksburg, or anywhere in Northern West Virginia, our attorneys can help you create a Power of Attorney that meets your needs and protects your future.

*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.

Do You Need a Prenup in West Virginia or Pennsylvania? Here’s What to Know

When couples are planning a wedding, the last thing they usually want to talk about is a prenup. But prenuptial agreements—also called “premarital agreements”—are not about planning for divorce. They are about protecting your future, your family, and the assets you’ve worked hard to build.

At The Skeen Firm, we help professionals, business owners, and families in West Virginia and Pennsylvania create prenups that fit their needs and comply with state law. If you are thinking about a prenup, here’s what you should know.

What Is a Prenup?

A prenuptial agreement is a written contract signed before marriage that sets out how certain financial matters will be handled if the marriage ends through divorce or death.

It can cover:

• Division of property and assets

• Business ownership interests

• Inheritance and estate rights

• Spousal support or waiver of alimony

• Protection from a partner’s debt

Why Consider a Prenup in WV or PA?

• Protect family businesses or professional practices – If you own a company, law firm, medical practice, or family business, a prenup can keep ownership stable.

• Clarify financial rights and expectations – Prevents future disputes by putting decisions in writing now.

• Safeguard children from prior relationships – Ensures assets go to your children as intended.

• Reduce litigation stress – A clear prenup can minimize costly court battles later.

Prenups in West Virginia

West Virginia courts will generally enforce a prenup if:

• It was entered into voluntarily.

• Both parties fully disclosed their assets and debts.

• The agreement is not unconscionable (grossly unfair).

Prenups here can be especially important for families with property, farms, or businesses passed down through generations.

Prenups in Pennsylvania

Pennsylvania law also enforces prenups if they are entered into voluntarily and with full disclosure. A unique aspect of PA law is its approach to “fairness”: as long as the agreement was knowingly signed, the court usually upholds it—even if it feels one-sided later.

Do You Really Need a Lawyer for a Prenup?

Yes. To protect both partners and ensure the document will hold up in court, each person should have their own attorney review the agreement. At The Skeen Firm, we work with clients in Southwestern Pennsylvania and Northern West Virginia to draft, negotiate, and finalize strong prenups.

The Bottom Line

A prenup isn’t about mistrust—it’s about planning wisely. Whether you are a business owner, a professional with significant income, or simply want to protect your family’s future, a prenup can give you peace of mind.

Contact The Skeen Firm today to schedule a Discovery Call and learn how we can help protect what matters most to you in PA and WV.

*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.

What to Expect When Litigating in West Virginia

Litigation can feel overwhelming - especially if it’s your first time facing a lawsuit in West Virginia. Whether you are a business owner, an individual, or part of a family dispute, understanding the process can make the experience less stressful. At The Skeen Firm, we help clients throughout Northern West Virginia and nearby areas navigate each step with confidence.

Step 1: The Lawsuit Begins

A lawsuit starts when someone files a complaint in court. In West Virginia, the complaint explains the legal claims and what the person filing (the plaintiff) wants. If you are the defendant, you’ll be served with the complaint and given a short deadline - usually 20 days - to respond.

Your attorney will review the complaint, explain the claims, and file an answer or other legal response. Missing this deadline can hurt your case, so it’s important to act quickly.

Step 2: The Discovery Process

After the initial filings, both sides enter discovery. This is the exchange of evidence and information. Discovery tools can include:

Interrogatories - written questions you must answer under oath

Requests for documents - to gather contracts, emails, records, or other evidence

Depositions - in-person or virtual questioning under oath, recorded by a court reporter

 This stage is often the most time-consuming, but it’s where much of the case is built.

Step 3: Motions and Hearings

During the case, either side may file motions asking the judge to decide certain issues. Common examples include:

Motions to limine

Motions for summary judgment (asking the court to decide without a trial)

In West Virginia, these motions are often argued in short hearings before the judge.

Step 4: Settlement Negotiations

Most lawsuits in West Virginia end with a settlement before trial. This can happen at any stage - even the day before trial. Settlement talks may take place informally between attorneys or through mediation, where a neutral third party helps the sides reach an agreement.

Step 5: Trial

If your case does not settle, it will go to trial. Trials can be decided by:

 A judge (bench trial)

A jury (jury trial)

 During trial, both sides present witnesses, documents, and arguments. After hearing the evidence, the judge or jury issues a verdict.

 Step 6: Appeals

If you disagree with the outcome, you may be able to appeal to the Supreme Court of Appeals of West Virginia. Appeals have strict deadlines and focus on whether legal errors affected the case outcome.

________________________________________

Tips for Litigating in West Virginia

 Act quickly when served with court papers.

Keep organized records of all documents and communications.

Follow court deadlines - missing one can damage your case.

Work closely with your attorney - clear communication is key.

Need Help with Litigation in West Virginia?

Whether you’re dealing with a business dispute, contract claim, or family law matter, The Skeen Firm helps clients throughout Monongalia County, Marion County, Harrison County, and surrounding areas protect their rights in court.

Contact us today to schedule a discovery call and learn how we can help you navigate litigation from start to finish.

*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.

Estate Planning After Divorce in West Virginia and Pennsylvania: What You Need to Know

Divorce is one of life’s biggest transitions. While you’re focused on moving forward emotionally and financially, one critical step is often overlooked — updating your estate plan after divorce.

If you live in West Virginia or Pennsylvania, failing to revisit your will, trusts, beneficiary designations, and powers of attorney could leave your ex-spouse with control over your assets or healthcare decisions — even if that’s the last thing you intend.

In this post, we’ll explain why post-divorce estate planning matters, what needs to be updated, and how state laws — and even local county practices — can affect your wishes.

Why Estate Planning Is Critical After Divorce

After a divorce, your old estate plan is almost always out of date.

• Beneficiary mistakes – Retirement accounts, life insurance policies, and payable-on-death accounts might still list your ex-spouse. In many cases, financial institutions must follow the form on file — not your verbal wishes.

• Outdated wills and trusts – Both PA and WV have laws that can void provisions favoring your ex-spouse, but these laws may not cover every asset.

• Power of attorney issues – If your ex is still named as your agent, they may legally act for you until you revoke that authority.

Updating these documents ensures that your children, chosen heirs, and trusted decision-makers are in place.

Key Post-Divorce Estate Plan Updates

1. Update Your Will

   • Remove your ex-spouse as executor or beneficiary.

   • Add new heirs or guardians for minor children.

   • In Pennsylvania and West Virginia, divorce may automatically revoke certain provisions in favor of your ex — but not all. Don’t rely solely on state law.

2. Review Beneficiary Designations

   • Retirement accounts (401k, IRA)

   • Life insurance policies

   • Transfer-on-death (TOD) or payable-on-death (POD) accounts
     Pro Tip: Federal law often overrides state divorce laws for certain retirement accounts — meaning your ex could still get the money if you don’t make changes.

3. Revise Powers of Attorney

   • Financial Power of Attorney: Remove your ex as agent.

   • Healthcare Power of Attorney/Living Will: Name someone you trust to make medical decisions if you can’t.

4. Revisit Trusts

   • If you have a revocable living trust, update trustees and beneficiaries.

   • Consider a trust to protect children’s inheritance from an ex-spouse’s control.

5. Plan for Minor Children

   • Choose a guardian in your will.

   • Consider setting up a trust so funds for your children are managed by someone you trust, not your ex.

WV and PA Laws That Affect Your Estate Plan

• West Virginia: Under WV law, divorce revokes any provisions in a will that favor your former spouse, but it does not change beneficiary designations on life insurance or retirement accounts.

• Pennsylvania: Divorce generally revokes bequests to an ex in wills and certain non-probate assets — but exceptions exist for assets governed by federal law or out-of-state property.

Because state laws differ and federal law can override, working with an estate planning attorney familiar with both WV and PA law is critical.

Local Considerations in Southwestern Pennsylvania and Northern West Virginia

Estate planning is never one-size-fits-all — and in some cases, local county practices can impact timing, probate court procedures, and even how certain documents are interpreted.

If you live in Southwestern Pennsylvania — including Allegheny County, Washington County, Westmoreland County, Fayette County, Greene County, and Beaver County — or Northern West Virginia — including Monongalia County, Marion County, Harrison County, Ohio County, and Brooke County — it’s especially important to work with a lawyer who understands both state laws and local court procedures.

Whether you need to update your will after divorce in Allegheny County, change your beneficiary designations in Monongalia County, or revise a trust in Washington County, our firm can guide you so your wishes are protected and legally enforceable.

Protecting Children in Your Post-Divorce Plan

For parents, estate planning after divorce is about more than dividing assets — it’s about making sure your children are cared for in the way you want. This often means:

• Naming a trusted guardian (who is not your ex-spouse if appropriate).

• Creating a trust to manage inheritance until your children are mature enough to handle it responsibly.

• Making sure your ex has no unintended control over assets meant for your children.

The Bottom Line on Estate Planning After Divorce

If you’ve gone through a divorce in West Virginia or Pennsylvania, your estate plan is likely out of date. Without making changes, you risk leaving important decisions — and your legacy — in the wrong hands.

*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.

How Much Does a Divorce Cost in Pennsylvania and West Virginia?

If you're considering a divorce in Pennsylvania or West Virginia, one of your biggest concerns is probably cost. The financial side of ending a marriage can feel overwhelming—especially when you're trying to plan for legal fees, filing costs, and life after divorce.

At The Skeen Firm, we specialize in flat fee family law services because we believe your legal costs should be clear from the beginning. But if you're exploring your options, here's what you should know about the average cost of a divorce in PA and WV—and how to budget for the process.

Average Cost of a Divorce in Pennsylvania

In Pennsylvania, divorce costs vary widely depending on whether your divorce is contested (disagreements over custody, assets, or support) or uncontested (both parties agree on the terms).

• Hourly Rate: $250–$400 per hour

• Retainer Fee: $3,000–$7,500 upfront

• Total Cost (Contested Divorce): $10,000–$20,000+

• Total Cost (Uncontested Divorce): $1,500–$5,000

Keep in mind that contested divorces involving complex assets, custody battles, or alimony disputes will significantly drive up the cost.

Average Cost of a Divorce in West Virginia

West Virginia tends to have slightly lower average fees compared to Pennsylvania, but legal costs still add up quickly:

• Hourly Rate: $200–$350 per hour

• Retainer Fee: $2,000–$5,000

• Total Cost (Contested Divorce): $7,000–$15,000+

• Total Cost (Uncontested Divorce): $1,000–$3,500

Filing fees in WV are typically around $135–$200 depending on the county, and additional costs may apply for parenting classes or mediation.

What Factors Affect Divorce Lawyer Costs?

Several variables influence how much you’ll pay in legal fees:

• Whether your divorce is contested or uncontested

• If children and custody are involved

• The complexity of your marital property

• The attorney’s experience and location

• Court appearances and duration of the case

How Flat Fee Divorce Can Save You Thousands

Unlike traditional firms that bill hourly, The Skeen Firm offers flat fee divorce services in Pennsylvania and West Virginia. That means you pay one predictable rate, no matter how many phone calls, emails, or court filings are required.

Benefits of Flat Fee Divorce:

• No surprise bills

• Budget certainty from the start

• Focused strategy without billing pressure

• More value for your money

We offer transparent pricing for:

• Uncontested divorces

• Child custody agreements

• Support modifications

• Property division

Considering Divorce? Let’s Talk.

Don’t get stuck worrying about hourly rates. Book a free consultation with The Skeen Firm today and learn how our flat fee family law services can help you move forward—without breaking the bank.

*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.

5 Unique Estate Issues You Shouldn’t Ignore

Essential Insights for Families in Pennsylvania & West Virginia

When it comes to estate planning, most people think a will is enough. But as families and assets become more complex, so do the potential problems that can arise during estate administration. At The Skeen Firm, we help clients across Pennsylvania and West Virginia address estate issues that traditional plans often overlook.

Below are five unique estate challenges that deserve your attention—and how the right legal guidance can help you avoid unnecessary conflict and cost.

1. Digital Assets & Cryptocurrency

Today’s estates often include more than just bank accounts and real estate. You may have:

• Cryptocurrency (Bitcoin, Ethereum, etc.)

• Online income streams (YouTube, Etsy, digital courses)

• Cloud storage or domain names

• Social media and email accounts

Why it matters:

Without legal access instructions and updated documents, your executor may not even know these assets exist—let alone how to access or distribute them. In the case of crypto, if your private keys are lost, your funds are gone forever.

How we help: We ensure your estate plan includes secure, legal access to your digital assets.

2. Out-of-State or International Property

Do you own real estate in more than one state—or abroad? For example:

• A second home in Maryland or New Jersey

• Investment property out-of-state

• Foreign bank accounts or inherited land overseas

Why it matters:

When you pass away with property in multiple jurisdictions, your loved ones may have to navigate ancillary probate or foreign inheritance laws—slowing down the process and increasing costs.

How we help: We use trusts and smart titling strategies to help you avoid multiple probate proceedings.

3. Blended Families & Unequal Inheritance Plans

Modern families come in all shapes:

• Stepchildren or adopted children

• Children from prior marriages

• Long-term unmarried partners

• Estranged or dependent adult children

Why it matters:

State intestacy laws (what happens if you die without a will) don’t account for blended or non-traditional family dynamics. If your wishes aren’t clear, your loved ones may end up in court.

How we help: We tailor your plan to reflect your true priorities—whether that means equal distribution, protecting a second spouse, or leaving different amounts to different children.

4. High-Value or Sentimental Personal Property

You may not think twice about who gets the family jewelry, artwork, or collectibles—but your heirs might.

Why it matters:

Disputes over “who gets what” can escalate quickly, especially if the estate plan doesn’t give clear guidance on personal items. Even sentimental items can cause major rifts between siblings or heirs.

How we help: We provide detailed personal property instructions and clear conflict resolution mechanisms to minimize the risk of family disputes.

5. Beneficiaries with Special Needs or Risk Factors

Planning for a loved one who:

• Receives Medicaid or disability benefits

• Struggles with mental health or addiction

• Is a minor or has a legal guardian

• Is facing bankruptcy or creditors

Why it matters:

A direct inheritance could disqualify them from government benefits—or be lost to poor financial decisions or legal judgments.

How we help: We use special needs trusts, spendthrift trusts, and other tools to ensure your gift supports them without putting their future at risk.

Don’t Leave Your Legacy to Chance

These issues aren't just hypothetical—they're common, and they can derail even the best intentions if not handled properly. Estate planning is about more than just passing on wealth—it's about protecting your family and legacy in a changing world.

If you live in Pennsylvania or West Virginia, we’d be honored to help you build a plan that fits your real life—not just a template.

👉 Book a discovery call with The Skeen Firm today and take the first step toward a confident, customized estate plan.

*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 Complete Guide to the Probate Process in West Virginia

At The Skeen Firm, we understand that navigating the probate process after the loss of a loved one can feel overwhelming. Our West Virginia probate attorneys are here to guide you every step of the way with compassionate, efficient, and personalized legal support. This in-depth guide explains each stage of the probate process in West Virginia, offering clarity and confidence to individuals managing estate matters.

Step 1: Filing the Will and Initiating Probate in West Virginia

Probate begins when the deceased’s will is filed with the County Clerk's Office in the county where they resided. If no will exists, the estate is considered intestate, and someone close to the decedent can petition the probate court to serve as the estate administrator.

Our Role: The Skeen Firm assists clients in filing all necessary documents, ensuring legal requirements are met, and providing guidance through the initial steps of the probate court process.

Step 2: Appointment of a Personal Representative in West Virginia Probate

The court appoints a personal representative, either an executor named in the will or an administrator appointed by the court. This individual takes an oath of office and may need to post a fiduciary bond, unless waived by the will.

Our Role: We help executors and administrators understand their legal responsibilities and complete their fiduciary duties with confidence and efficiency.

Step 3: Notification of Heirs, Beneficiaries, and Creditors

The personal representative must notify all heirs and beneficiaries of the estate. Additionally, a notice to creditors must be published in a local newspaper for two consecutive weeks, giving creditors 60 days to file any claims.

Our Role: The Skeen Firm prepares and publishes proper notices, minimizing the risk of future legal disputes and ensuring full compliance with state law.

Step 4: Inventory and Appraisal of the Estate

All assets owned by the deceased must be documented and valued, including:

• Real property

• Vehicles

• Bank accounts

• Investments

• Personal belongings

A formal inventory must be filed with the County Clerk's Office.

Our Role: We help clients gather financial documentation, engage professional appraisers when necessary, and file the required inventory forms.

Step 5: Paying Debts, Taxes, and Expenses

Before assets can be distributed, the estate must pay all outstanding obligations. These may include:

• Funeral expenses

• Credit card bills

• Medical debts

• Income and estate taxes

Our Role: We ensure that debts and taxes are addressed in the proper legal order, safeguarding both the estate and the personal representative from liability.

Step 6: Distributing the Remaining Assets

Once debts are settled, the estate’s remaining assets are distributed either:

• According to the decedent’s will, or

• According to West Virginia intestate succession laws (if no will exists)

Our Role: The Skeen Firm facilitates timely and lawful asset distribution, prepares deeds and other transfer documents, and ensures a smooth transition for beneficiaries.

Step 7: Closing the Estate and Final Accounting

The final step involves:

• Preparing a final accounting of all estate activity

• Filing it with the court

• Requesting the formal discharge of the personal representative

Our Role: We prepare and submit the final accounting, ensuring that the estate is properly closed and all legal duties have been fulfilled.

Special Considerations: Small Estate Procedures in West Virginia

West Virginia provides simplified probate options for estates valued under $100,000. With a Small Estate Affidavit, heirs may bypass the full probate process.

Our Role: We determine whether a small estate procedure applies and assist clients with preparing and filing the necessary affidavits and documentation.

Why Choose The Skeen Firm for Probate in West Virginia?

At The Skeen Firm, our probate and estate administration attorneys provide:

• Personalized legal support tailored to your unique family and estate

• Step-by-step guidance through every phase of the probate process

• Professional document preparation, filing, and court representation

• Clear communication and trusted counsel during a difficult time

Whether you are serving as an executor, administering a loved one’s estate, or have questions about your inheritance rights, we are here to help.

*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.

Reasons to Sue | Common Types of Civil Litigation Cases in Pennsylvania, and What They’re Worth

It is no secret that America is a litigious country. People want to sue someone over everything and anything thinking that going to court for a stubbed toe could be their “golden ticket”. This is caused or made worse by social media and the news, repeatedly showing multi-million-dollar settlements for what appear to be minor injuries or inconveniences. Often there is much more going on in such cases which leads to confusion for the average would-be litigant. This article is to help potential litigants understand the most common reasons people sue, and what outcome you should be prepared for.

1. Personal Injury Claims

If you’ve been injured due to someone else’s negligence—such as in a car accident, slip and fall, or medical malpractice—you may be entitled to compensation for medical bills, lost wages, and pain and suffering.

These claims can be big-dollar, but usually only if there is severe and prolonged pain and suffering, and/or if the injured person will require care and/or cannot work for the rest of their lives. Thus, it is rare to get massive, multimillion dollar settlements from a slip and fall, car crash, or medical malpractice injuries when the injured person makes a full recovery over a few weeks. Settlements can still be large, but potential clients should be cognizant of the realities of how damages work in injury cases.

2. Contract Disputes

Business and personal contracts outline obligations between parties. Breaches occur when one party fails to fulfill agreed-upon terms, leading to financial losses or other damages. Common disputes involve real estate transactions, service agreements, and business partnerships.

Because the goal of contract disputes is to put the non-breaching party in the position he/she was in before the contract was breached, settlements are usually not lucrative, but corrective. Sometimes there can be large settlements due to interest, or for example “consequential damages” that accrue after the breach.

Here’s a little law lesson to explain consequential damages: Say a car factory contracts with a car dealership to sell cars at wholesale. The dealership expects to profit of the cars, but the factory fails to deliver the cars. The dealership loses out on $1,000,000 in profit. That million bucks of lost profit are consequential damages.

There are other ways to recover from a breached contract that won’t be explained here. You’ll have to contact an attorney at The Skeen Firm to figure out what your contact case may be worth.

3. Property Disputes

Conflicts over property ownership, boundaries, zoning issues, or landlord-tenant disagreements often require legal resolution. These cases can involve title disputes, easements, or wrongful evictions.

For some, property is just a way of making money. For others, families can be tied to a piece of land. Thus, litigating against property disputes can be a money dump, but it can be well worth the price from someone trying to take what you own.

4. Employment Litigation

Employees and employers may face disputes over wrongful termination, discrimination, wage and hour violations, or workplace harassment. Pennsylvania employment laws protect workers’ rights while ensuring businesses operate within legal guidelines.

Employment cases can be lucrative if there are some egregious occurrences within a workplace. If the facts are bad enough for the employer, they may settle. Sometimes the claims brought have damage caps, and employers know it; this can limit recovery. Usually, clients come into the office wanting to sue for the right reasons, to hold the company accountable for legitimate wrongs. However, there are some that flock to all the law offices in the area because they had a minor inconvenience at work, thinking they will be able to retire if they sue. This is often not the case.

5. Business Litigation

Businesses may encounter lawsuits related to partnership disagreements, intellectual property disputes, fraud claims, or contract breaches. Proper legal representation helps protect business interests and resolve conflicts efficiently.

It is hard to say what to expect from business litigation. Sometimes big settlements can come if an individual engages in fraud, steals assets or engages in other forms of “breaches of fiduciary duties”. Contact one of our attorneys to find out more.

6. Defamation (Libel & Slander)

If false statements harm your reputation, you may have grounds for a defamation lawsuit. Pennsylvania law requires proving that the statement was false, damaging, and made with negligence or malice depending on if you are a private citizen or public figure.

Because someone’s life can be ruined by false statements, defamation claims can be massive. Surely anyone reading this currently has a news headline in mind.

Seeking Legal Help

If you think you have a civil litigation case, it’s important to seek legal counsel. An experienced attorney can assess your case, guide you through the legal process, and advocate for a favorable outcome. Evidenced by this article, attorneys at The Skeen Firm, PLLC will be honest, upfront, and thorough with your case’s evaluation and expected outcomes.

*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.

Treat Your Divorce Like a Business Transaction: Why Emotion Has No Place at the Negotiating Table in Pennsylvania

Divorce is one of the most emotionally charged events a person can experience. Anger, betrayal, grief, guilt — the emotional landscape is complex and can easily overwhelm good judgment. Yet when it comes to protecting your future, your assets, and your family’s well-being, emotion is your worst enemy.

In Pennsylvania, where equitable distribution, custody laws, and support obligations are governed by clear statutes and court precedent, viewing your divorce as a business transaction — and treating it with the same rational, strategic mindset — is often the smartest approach.

The Legal Framework: Pennsylvania’s Equitable Distribution

First, it’s important to understand that Pennsylvania is an “equitable distribution” state. Under 23 Pa.C.S. § 3502, marital property is divided “equitably,” which does not necessarily mean equally. Instead, the court weighs 11 factors to decide what is fair. These include the length of the marriage, each spouse’s contribution to the marriage (including homemaking), each spouse’s economic circumstances, and any prior marriages.

The Pennsylvania Superior Court has emphasized that equitable does not mean equal, but what is fair under the circumstances. If you let resentment or revenge drive your demands, you may waste time and money fighting over assets that the court will ultimately divide according to statutory guidelines anyway.

When you approach property division like a business negotiation — identifying your priorities, your must-haves, and what you can compromise on — you position yourself to protect your financial future rather than spending thousands in legal fees fighting over, say, a dining room set.

Spousal Support and Alimony: It’s About Numbers, Not Payback

Pennsylvania recognizes spousal support, alimony pendente lite (APL), and post-divorce alimony. While spousal support and APL are calculated using a statutory formula, post-divorce alimony is a secondary remedy requiring the court to analyze a separate set of factors, including the relative earnings, earning capacities, and standard of living established during the marriage.

Courts rarely punish a spouse for moral wrongdoing; Pennsylvania is a “no-fault” divorce state under 23 Pa.C.S. § 3301(c), so your spouse’s betrayal, however painful, usually does not entitle you to a larger share of support. 

In a 2023 case, the Pennsylvania Superior Court refused to consider a spouse’s alleged infidelity when considering an alimony claim because the statutory factors did not support an award of alimony. 

Treat alimony negotiations like a business deal: gather documentation of income, expenses, and earning capacity. Hiring an expert may be necessary in order to get a clear, realistic value for earning capacity or even the marital portion of an asset’s value.  Financial experts can also help finalize your post-divorce budgetary needs.

Emotion only clouds your judgment and can cause you to either accept too little out of guilt or demand too much out of anger — both of which can backfire. 

Child Custody: Best Interests of the Child, Not Your Ego

Custody battles are often the most emotionally charged aspect of divorce. But here again, Pennsylvania law is clear: custody decisions are governed by the “best interests of the child” standard under 23 Pa.C.S. § 5328(a), which lists 16 factors.

Courts want to maintain stability for children and foster meaningful relationships with both parents. Using custody as a weapon — refusing reasonable schedules or badmouthing the other parent — often backfires. Judges know when one parent is more focused on punishing the other than protecting the child’s best interests.

If you approach custody discussions like a cooperative business negotiation, you’re more likely to craft a workable parenting plan that a judge will approve and that actually fits your family’s unique needs.

The Financial Cost of Emotional Decision-Making

Dragging emotion into divorce negotiations can be incredibly expensive. While Pennsylvania courts may award counsel fees under 23 Pa.C.S. § 3702, especially if one spouse acts in bad faith or unnecessarily prolongs litigation, counsel fees awards are more an exception than the rule and each party is generally responsible for his/her own attorney’s fees.

Even if fees aren’t shifted to you directly, the longer you fight over petty grievances, the more you’ll pay your attorney to send letters, file motions, and sit in court hearings.

Think of it this way: every dollar you spend on a lawyer arguing over who keeps the wedding china is a dollar you could put into your retirement account or your child’s college fund.

Practical Tips for Keeping Emotion Out of It

1. Get Professional Support: Work with a therapist to process anger, grief, or betrayal. Your lawyer is not your counselor.

2. Build a Financial Roadmap: Meet with a financial advisor to understand your current and post-divorce finances.

3. Focus on the Big Picture: Identify your non-negotiables and what you’re willing to trade. Don’t waste energy on the small stuff.

4. Communicate Strategically: Always communicate with your spouse in writing. Keep it factual and business-like.

5. Stay Off Social Media: Venting online feels good for a moment but can destroy your credibility in court.

6. Work with an Experienced Family Law Attorney: A seasoned Pennsylvania divorce attorney will help you stay focused on the law, not emotion.

Conclusion: Make Smart, Not Emotional, Decisions

Divorce may feel deeply personal — and it is. But Pennsylvania law does not reward emotional warfare. It rewards reasoned, documented, fair negotiations that comply with the statutes and serve the best interests of everyone involved.

So take a deep breath. Get the right professionals in your corner. And treat your divorce for what it really is: a complex, high-stakes business transaction that deserves clear thinking, strategic planning, and as little emotion as possible at the negotiating table.

Disclaimer: This blog is for informational purposes only and is not legal advice. For advice about your specific situation, consult a qualified Pennsylvania family law attorney.

Can the Other Side Hide Evidence in a Lawsuit? A Primer for Clients

It’s a common concern: what if the other side hides documents, lies under oath, or “forgets” key facts during a lawsuit? Pennsylvania courts take this seriously, and there are rules to protect against it.

1. Discovery Rules and Duties

Under Pa. R.C.P. No. 4003.1, each party must disclose information relevant to the case. That includes emails, contracts, photos, and more. They are not allowed to hide documents or selectively respond. Your lawyer may send a preservation demand notifying your opponent of their duties to preserve evidence. Even if one is not sent, the rules of civil procedure still impose basic duties on litigants.

2. Depositions and Testimony

In depositions (Pa. R.C.P. No. 4007.1), witnesses testify under oath. If someone lies, they may be charged with perjury under 18 Pa.C.S. § 4902. If it is evident that a deponent is lying or not being forthcoming at a deposition, your attorney may admonish the witness, citing perjury or other rules to get the witness to comply. Each side is entitled to full and complete answers to their questions in a deposition.

3. Enforcement Tools and Consequences of Misconduct

If the other party fails to respond to discovery or appears to be hiding something, your attorney can file a motion to compel (Pa. R.C.P. No. 4019). Courts may order the documents to be turned over or order other lackluster responses—and can sanction violators. Courts can enter default judgments or bar evidence if misconduct is proven.

4. Don’t Wait to Act

If you believe the other side is withholding evidence, tell your lawyer immediately. The earlier it’s addressed, the more likely the court can fix it.

Summary

Most people comply with discovery, but when they don’t, Pennsylvania law gives you tools to fight back. You don’t have to tolerate dishonesty in litigation. If you are sure or reasonably certain your opponent is engaging in dishonest behavior, let your attorney know and he/she will hold the guilty party accountable.

*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.

How to Legally Structure a Family-Owned Business in PA or WV

Launching a family-owned business is an exciting venture, but without the right legal structure, even the closest relatives can end up in disputes. Whether you're opening a bakery with your siblings in Pittsburgh or a real estate investment company in Morgantown, choosing the correct legal structure for your family business is critical for tax savings, liability protection, and succession planning.

This guide breaks down the best legal entity options for family-owned businesses in Pennsylvania and West Virginia, with insights on what works—and what to avoid.

Why Legal Structure Matters for Family-Owned Businesses

Your business entity determines:

• How profits are distributed

• Who’s legally responsible if something goes wrong

• How taxes are filed

• What happens if someone dies, divorces, or leaves the business

In both PA and WV, the wrong structure can lead to unnecessary taxes, family conflict, or loss of control. That’s why you need to start with a solid foundation.

1. Sole Proprietorship – Not Ideal for Family Businesses

While a sole proprietorship is the simplest structure (no formal paperwork, just you doing business), it’s generally not recommended for family-owned businesses because:

• There’s no liability protection

• Only one person can legally “own” the business

• There’s no built-in succession plan

Even if only one family member is running the business day-to-day, you’ll want a more flexible structure to protect and involve others.

2. General Partnership – Easy But Risky

If you and a family member simply start doing business together, Pennsylvania and West Virginia law may automatically consider you a general partnership. While easy to form, it comes with risks:

• Each partner is personally liable for debts and lawsuits

• One partner can bind the business without others’ consent

• There’s often no clear agreement about roles or ownership

If you choose this route, draft a clear partnership agreement that addresses:

• Ownership shares

• Profit/loss distribution

• Decision-making authority

• Exit strategies

3. Limited Liability Company (LLC) – Most Popular for Families

A multi-member LLC is the top choice for many family-owned businesses in PA and WV. Why?

Benefits:

• Personal liability protection for each family member

• Flexible ownership structure (e.g., 60/40 or 33/33/34)

• Can be taxed as a partnership or S Corporation

• Operating Agreement can control management, profit splits, and succession

LLCs are easy to form through the PA Department of State or WV Secretary of State and provide a strong legal foundation when paired with a customized Operating Agreement.

4. S Corporation – Tax Advantages for Some

An LLC can elect to be taxed as an S Corporation, or you can form a corporation and file for S Corp status. This structure works well for high-income family businesses because:

Benefits:

• Reduces self-employment tax on owner salaries

• Still provides liability protection

• Easier to separate salary from distributionDownsides:

• Must pay reasonable salaries to owners

• Requires strict record-keeping and formalities

• Limited to 100 shareholders—all must be U.S. citizens or residents

Not every family business will benefit from S Corp status. Talk to a business attorney or CPA to see if it’s right for your situation.

5. Family Limited Partnership (FLP) – For Estate & Wealth Planning

An FLP is a specialized structure that allows family members to own percentages of a business while preserving control in the hands of the senior generation. These are often used for:

• Family farms

• Real estate investment companies

• Generational wealth transfers

FLPs are complex and require careful tax planning, but they’re a great tool for succession planning and asset protectionin family-owned businesses.

6. Co-Ownership Without a Legal Structure – A Bad Idea

It’s surprisingly common for family businesses to operate without any legal entity—just a shared bank account or handshake deal. This exposes everyone to:

• Personal liability for business debts

• Family disputes with no legal resolution process

• Confusion over ownership rights if someone dies or divorces

If you want to keep your family AND your business intact, formalize the structure early.

Key Legal Documents Every Family Business Should Have

Regardless of which structure you choose, every family-owned business in PA or WV should have:

• Operating Agreement (LLC) or Bylaws (Corporation)

• Buy-Sell Agreement (in case a family member exits or dies)

• Employment/Independent Contractor Agreements

• Succession Plan (for generational transitions)

• Liability Insurance for owners and the entity

Talk to a Business Attorney Who Understands Family Dynamics

At The Skeen Firm, we help family-owned businesses across Pennsylvania and West Virginia build legally sound foundations that withstand the test of time—and family drama.

Whether you need help forming your LLC, drafting an Operating Agreement, or planning for generational succession, we’ll help you protect your business and your relationships.

📞 Call (724) 249‑2439 or
📩 Schedule a Consultation

Download Your Free Family Business Startup Checklist
Need help organizing your legal to-do list? Download our free startup checklist for PA & WV family-owned businesses.

*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.