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In Pennsylvania, various real estate transactions happen daily, and each requires a complex set of steps that must be completed before the transaction can be finalized.

For example,  you, as the seller, may have failed to satisfy a necessary contingency or somehow defaulted in your sales contract. Your buyer might be unable to meet specific obligations in the contract, which may give you the right to terminate it. 

Various types of real estate contracts may complicate the transaction. Not all are simple conventional sales; some are “short sales,” land sales, foreclosures, etc. All require different contracts, riders, and various contingencies.

When these real estate complications arise, the advice of a local Blue Bell real estate lawyer will be invaluable in helping you overcome the issue and move towards a successful conclusion of your deal.

Besides simply assisting in purchasing and selling real estate, a professional real estate lawyer will be vital in transactions such as short sales, foreclosures, negotiation of land use, zoning issues, helping resolve landlord-tenant disputes, and much more.

A real estate law firm specializes in real estate transactions, and their advice may save you thousands of dollars if any type of dispute arises in your transaction.

They will assist you in a myriad of aspects of real estate law, and their assistance with issues will always provide you with all the options you need to know.

Just some of the many things they will do in a real estate transaction are:

• Drafting all necessary legal documents – Such as the real property purchase and sale agreement, which is vital to your transaction and details precisely what both parties must do. In complex real estate deals, such as commercial real estate, their help is mandatory.
• Help to negotiate the transaction – They will professionally represent you in your transaction by identifying your interests in order to get a good deal. This is also vital in today’s competitive real estate market.
• They will negotiate all disputes – Some of these disputes revolve around the real estate contract or lease. Still, others involve realtors’ or brokers’ negligence or misconduct in real estate transactions.

Disputes of some kind almost always arise in any real estate transaction, and your local Blue Bell real estate lawyer will always protect your interests and advise you on your options and actions.

When Do I Need a Real Estate Lawyer in Pennsylvania?

One area which might be less obvious is that your experienced real estate lawyer, many times, can identify potential issues with development, build sites, contract issues, zoning issues, tax problems, and more. So, these possible disputes and concerns will be identified by your lawyer before they become a costly problem that may affect the entire transaction.  

Real estate deals can be complex and have joint problems, such as access, easements, deed restrictions, zoning, environmental considerations, violations triggering rollback taxes, and many other potential roadblocks to a successful transaction.

In more complex real estate projects, such as the development or subdividing of a property, the help of a real estate lawyer is mandatory. There are often issues with the title report and other problems on the property the buyer intends to purchase. Title companies can only do so much, but your Blue Bell real estate lawyer will work “above and beyond” to review the title report and help ensure all issues are resolved. Also, by using your lawyer instead of a ”title company,” your overall cost to close may, at times, be lower.

Should I Use a Real Estate Lawyer If I’m a Real Estate Investor

Whether new to real estate investing or not, there are always specific and pertinent questions about a property that you may not be able to answer. Obtaining the advice of a local real estate lawyer is almost always the best option for you.

As an investor, there are some things, though, that you need to know; they are:

• What are your real estate lawyers’ qualifications – Do they have the credentials and licenses to practice in the states you’re investing in?
• Do they have extensive experience in investment real estate –  Have they dealt with similar properties and transactions?
• Will there be ongoing and effective communication between you and your lawyer – Real estate transactions involve lots of questions, and proper communication is essential. Ensure that your lawyer will give you the personal, effective communication and service that will be invaluable in pushing your transaction to close.  

A seasoned investor knows that working with a professional, aggressive Blue Bell real estate lawyer is vital to get the deal they want. However, selecting responsible counsel is challenging but often critical to a successful long-term investment strategy. 

Having a Local Real Estate Lawyer Will Provide “Peace of Mind” In Your Transaction.

If you’re simply buying a new home for your family or are involved in a real estate purchase involving “out-of-the-ordinary” elements that complicate your purchase, obtaining a professional real estate attorney is wise. Purchasing real estate today involves hundreds of thousands to millions of dollars and numerous steps and hurdles to overcome.

Your local qualified, thorough, and aggressive real estate lawyer will ensure that all your contracts, riders, decisions, and “bases” are covered and your interests are protected.

Most buyers (and sellers) always have a “gut” feeling that something could go wrong, and you must have someone looking out for you. Gaining “peace of mind” during your transaction is an area where your Blue Bell  real estate law team  will be invaluable to you.

So, even if your transaction goes “awry,” you have someone who is looking out for your best interests and who can help you work through any possibly “deal-breaking” or tricky situation.

I Am Making Some Real Estate Decisions and Need Help; How Should I Proceed?

Any personal, family, business, or commercial real estate transaction in Pennsylvania can (and usually will) incur minor to highly severe and costly disputes. These issues can disrupt your family or your business and negatively impact your finances and life.

Obtaining the professional guidance and empathetic advice of your Blue Bell real estate lawyer will provide you with the expert, aggressive, and knowledgeable support you need to overcome whatever real estate issues may arise.

So, consult with your real estate law team today, and ensure you’re represented with excellence in any real estate transactions or disputes, whether it’s a family home or an extensive development.

In Pennsylvania, a “special needs trust” ( also known as an “SNT”) is a trust designed to hold assets that may benefit a child or relative with disabilities or special needs. If properly drafted, assets placed into an SNT will not disqualify an individual with special needs from government benefit programs such as Medicaid and Supplemental Security Income (“SSI”), which provide a basic level of support for food, shelter, and health care.

As a beneficiary of an SNT, your special needs child or relative can maintain eligibility for the government programs they need while still having funds available from the trust to provide for their supplemental needs.

Your special needs child or relative’s special needs trust may pay for such things as:

• Care manager services.
• Guardian fees.
• Attorney fees.
• Specific personal Items.
• Entertainment and luxuries.
• Outings and vacations.
• Travel and transportation expenses.
• Their hobbies.
• Costs to make their vehicles accessible to them, and more.

Some qualifications must be met, but a well-drafted, detailed SNT will allow your loved one to receive all the supplemental income and state and federal benefits they deserve. Your meticulous and empathetic Blue Bell estate planning lawyer will thoroughly explain that needs-based government benefits may include asset limits your loved one must qualify for. A professionally written special needs trust will allow your disabled child or relative to continue receiving the additional government benefits that would be eliminated or decreased without a SNT in place.

For example, your adult child with autism may receive SSI benefits, but you may want to grant them additional funds now or at the time of your death to meet their current living expenses. If this is done incorrectly or without proper professional guidance from your special needs trust lawyer, any extra income you provide could disqualify or vastly reduce your child’s government benefits.

Additionally, if you leave your special needs child a considerable inheritance when you die, they may no longer qualify for SSI or Medicaid benefits. However, if you put their inheritance into a special needs trust, they will likely be able to keep their benefits and still receive your inheritance for the remainder of their life.

A special needs trust is a valuable legal estate planning tool that your experienced Montgomery County or Philadelphia estate planning lawyer will use to ensure your special needs loved one is cared for in the best possible manner.

Is It Difficult To Form a Special Needs Trust?

When working with a knowledgeable Blue Bell estate planning lawyer, the decisions you must make to form an SNT is always a reasonably straightforward process.

Some of the legal steps commonly involved in setting up your special needs trust are:

• Determining your exact goals for your loved one – This is the most critical step, as it usually will determine how all funds will be distributed.
• Choosing a trustee is also vital, as your trustee will help manage, invest, and disburse funds for your loved one’s use. So, this is another critical choice that needs to be made wisely and with rational professional legal guidance.
• Working closely with your Philadelphia or Bucks County estate planning lawyer, you’ll be able to draft and create a well-drafted special needs trust that meets the financial goals you wish to maintain.
• Funding the SNT based on your estate planning lawyer’s advice and guidance.
• Investing your funds conservatively and competently so that the trust will be available for as long as possible for the beneficiary .

Following the professional advice of your Blue Bell estate planning lawyer will ensure your special needs trust accurately accomplishes what you want for your loved ones’ future and that your specific wishes are executed diligently.

Are There Different Types of Special Needs Trusts?

Every estate differs in complexity and details, and there are two types of special needs trusts to cover most contingencies. These are:
>>The Self-Settled Special Needs Trust –

• The assets of the beneficiary fund this type of SNT.
• Usually, it is established by the beneficiary’s parent, grandparent, guardian, or by a court of law.
• It’s commonly given directly to the beneficiary under the age of 65.
• Upon your death (as the beneficiary), this trust may have to reimburse Medicaid for benefits provided to the beneficiary during their life.

>The Third-Party Special Needs Trust –

• This trust is funded and established by a third party.
• There is no age requirement for the beneficiary.
• This trust does not usually require Medicaid reimbursement.

It’s common knowledge that nothing in the law is ever straightforward, and deciding which type of special needs trust you need depends entirely on your unique situation. So, to ensure your wishes are carried out correctly, getting professional guidance from your Blue Bell special needs trust lawyer is mandatory.

A self settled or third-party special needs trust can also be set up as a Pooled Trust. A Pooled Trust is a type of special needs trust that is managed by a nonprofit company, and it is used for the benefit of an individual with special needs. A Pooled Trust can provide additional funds for the basic support that a special needs person receives from Medicaid and SSI. The assets in a Pooled Trust are used for the sole benefit of an individual with a disability to improve his or her quality of life. The assets of all the beneficiaries in a Pooled Trust are combined (or “pooled”) for investment purposes so a trustee can have greater investment options. The trustee still separately accounts for each individual’s interest in the Pooled Trust. The individual with a disability, their parent, grandparent, or guardian, as well as the court, can create an account in a Pooled Trust to benefit the individual with a disability.

How Do I Know If My Loved One Qualifies For A Special Needs Trust?

A special needs trust can be formed for people who receive government assistance from SSI and Medicaid programs throughout their lives. These government benefits provide support to individuals with a permanent or severe disability.

A special needs trust is a good option for an individual with a disability who has too many assets to remain eligible for government benefits. It is also a good option for an individual who has to “spend down” assets for unnecessary items just to preserve eligibility for essential supports and services.

Without a special needs trust in place your disabled child or loved one could miss out on benefits they may be entitled to or even lose benefits they are receiving. Don’t let that happen; ensure you get the professional estate planning advice you need.

I Need To Investigate A Special Needs Trust; How Should I Proceed?

Taking care of a relative or loved one with a disability is always challenging and can be difficult at times. Most family members, though, lovingly and happily take this responsibility on their shoulders. 

However, if you are no longer here or able to manage this task; your prime concern should be for your loved one to receive the best care possible.

It’s important to consult with an estate planning lawyer to help you sort through your planning options. Consulting with your empathetic, professional, and successful Blue Bell estate planning lawyer about drafting an SNT will ensure that your loved one receives all the care they need and are entitled to. Consult with your estate planning lawyer today so that nothing is left to chance.

As your loved one ages or becomes incapacitated, you may notice signs that they can no longer make medical, financial or even day-to-day decisions on their own.

You can appoint a legal guardian to assist your family member in making these decisions, but when is the time to take this life-changing and emotional legal step?

There are signs that you can look for, such as:

• Compromised decision-making ability – If you are to secure guardianship, you must prove incapacity. For example, you will usually have to confirm that your mother or father has difficulty making decisions about assets, health, or safety. Additionally, specific medical conditions (such as  Alzheimer’s disease or dementia) may impair them from making sound decisions.
• Evidence of undue influence  – Your elderly parent may require help with everyday duties, and a part-time  “caretaker” may be hired to assist them. It’s sad, but some unscrupulous individuals may unduly influence your aging parent and give them access to funds or even rewrite their will, naming the caretaker as a beneficiary. 
• Disagreement over medical care – Your aging relative or parent should have the right to make their own health care decisions. Certain medical conditions can interfere with their ability to make these choices. Your parents may refuse to do what is necessary, such as taking medication, eating, or moving into an assisted living facility. In these cases, pursuing guardianship may be a valid option.  

It is never enjoyable, but sometimes extremely necessary, to petition the Pennsylvania Orphans’ Court for guardianship of your elderly parent. However, doing so (as hard as this decision may be) would be in their best interest.

Obtaining the legal guidance of a  knowledgeable, empathetic and professional Blue Bell guardianship lawyer will be invaluable in helping you make this decision and do so as objectively as possible. It’s mandatory to remember that, when the time comes, you usually must pursue guardianship to safeguard your aging relative’s health and financial interests.

Can a Guardian Be Appointed In an Emergency Situation?

In some specific cases, yes, then can. The Pennsylvania Orphans’ Court can appoint an emergency guardian if it finds, using clear and convincing evidence, that your loved one is incapacitated and that failure to appoint a guardian immediately may harm a loved one or their estate.

The court will use similar guidelines and hearing requirements used in permanent guardianships, but a hearing will be scheduled sooner due to the emergency.

An emergency guardian of the person is appointed for 72 hours and this appointment can be extended for an additional twenty days if needed.  An emergency guardian of the estate is appointed for 30 days. The emergency guardianship is intended to allow a guardian to act quickly to protect an incapacitated person’s health, medical or financial welfare until a plenary or permanent guardianship hearing takes place.

However, the “emergency guardianship” may be limited by the court according to the specific needs of your loved one at the time. For example, if your aging parent needs emergency medical care and they are not able to independently make a decision.

In this case, you must consult with a professional guardianship lawyer to move quickly and correctly.

Are There Different Types of Guardians?

Guardianships can be done for various reasons, and several types of guardianships may follow different rules and guidelines.

For example, a “plenary guardian” of your loved one holds all the authority and may make all the necessary decisions regarding your loved one’s well being. For example, the guardian may deem it necessary to place your loved one (known as the “ward”) in a nursing home or possibly make life-or-death decisions.

Alternatively, a “limited guardian” only holds specific powers detailed in the court’s decree. Their decision-making capabilities are limited.  For example, a court can authorize a limited guardian to make decisions only about the sale of an incapacitated person’s house and exclude the guardian from making any other decisions.

If you are considering guardianship, it’s vital that you discuss the current and expected needs of the incapacitated person with your guardianship lawyer. They will advise you appropriately on what type of guardianship is needed and how far the guardian’s decision-making powers may extend.

Who May Be Appointed As a Guardian?

In Pennsylvania, the courts have specific guidelines regarding who can be appointed as a guardian. Simply, a guardian could be any qualified person (a relative or non-relative), a corporate fiduciary, a non-profit agency, a guardian support agency, or a county agency.

However, the courts will ensure that the guardian has no interests that conflict with the interests of your loved one, and if they do, they usually cannot serve as a guardian.

Being a relative of the incapacitated person, however, will commonly not be looked at as being a conflict of interest.

It’s always wise to note that Pennsylvania recognizes that every citizen (no matter how old)has unique needs and diverse levels of comprehension. Each case differs, and the court has an established system for caring for all incapacitated or impaired persons.

To the extent of their capabilities, an incapacitated or impaired individual will, to the extent possible be a part of the decision-making process.

You (as the concerned relative) and the Pennsylvania court also recognize that it’s critical to find a trusted and suitable person (or institution) to serve as your loved one’s guardian.

Also, it is important to note that at any time during their lives, a person can become incapacitated due to an accident, illness, or myriad other reasons. It’s not only the elderly that require guardians.

If any person in your household cannot function properly, or make their own decisions daily, consult with your local guardianship lawyer immediately. Don’t wait until they are harmed financially, or their health is in danger. Your competent, knowledgeable lawyer will know how to proceed to protect those you love and care for.

I Need To Know More About Guardianship; How Should I Proceed?

If your aging family member is having difficulty making decisions daily, you must discuss this dire situation with a local Blue Bell guardianship lawyer. Your aging parent or relative may desperately need this help, but always remember that some of their rights are being taken away. For this reason alone, appointing a guardian can be a sobering, stressful, and emotional decision.

Therefore, this decision as to the reach of the guardians’ powers and how to legally proceed should be thoroughly thought out.  By obtaining the professional advice of your lawyer, you can best ascertain what is best for all concerned.

Don’t wait until an accident or harm forces this decision; obtain the experienced, empathetic, and professional knowledge needed to ensure everyone’s rights are protected and served. 

As we age, life can change dramatically, and we are confronted with questions we never thought we’d have to address. Most older couples are on Medicaid and have Social Security income, but medical costs, everyday living expenses, and especially the cost of a nursing home can be overwhelming.

One of the most common situations is that one spouse must enter a nursing home due to health or mental issues, but the other is capable of living in their family home and desperately wants to do that. This can be an emotional, heart-wrenching situation, but an experienced, empathetic Blue Bell estate planning lawyer can be of significant help.

The federal government has legal protections that ensure that you, as a healthy spouse, do not go broke or are left without a place to live after your spouse enters a nursing facility.

Usually referred to as “Spousal Impoverishment Protection,” or Division of Assets. The law states that you, as the spouse living at home, have enough money to live by protecting certain income and assets.

So, very simply put, if you are the community spouse and wish to continue to live in your home, you will not lose it. This usually holds, no matter how valuable your current home is worth.

In addition to your home being exempt, there are other specific assets that fall under this law, and you are permitted to hold onto them.

Some of these assets are:

• Most household items.
• Personal effects, and one vehicle.
• Pre-paid funeral expenses and plans, including burial plots.
• Life insurance policies that have a face value no greater than $1,500 (but this can vary).

All rules and government laws are not as simple as stated, and each situation is unique. Your lawyer will familiarize themselves with your case and ensure you know all the available legal options.

Are There Any “Conditions” I Must Meet to Keep My Home?

As stated, the legalities of dealing with the rules and regulations of Medicaid, etc., are legally confusing and challenging to navigate.

If your spouse must enter a nursing home in Pennsylvania, you can be eligible for nursing home medical assistance and keep your home if you express an intent to return to that home.

Even if your spouse has little chance of returning, the house is exempt if you legally state that they intend to return home.

The laws intend that your home be there in case your spouse returns. This allows you to have a nursing home bill paid by medical assistance and still keep your own home.

As always, there may be “catches” to this benevolent attitude, and even though your house is exempt while you’re living, the Department of Human Services is, on the sidelines, waiting. They may have a legal claim on your estate based upon all the nursing home benefits you have previously received through medical assistance. So, upon the death of your spouse in the nursing home, it may now be necessary to sell the house to pay back medical assistance benefits.

There are many “hoops” to go through and overcome to ensure that all your rights are preserved and you can provide for your spouse and yourself. Your Philadelphia, Montgomery, Delaware, Chester, or Lehigh County estate planning lawyer is experienced in dealing with all of these legal details and will fight to ensure that all your options are covered.

Are There Are Other Measures Available to Help, Such as “Transferring” My Home?

Yes, it is sometimes possible for you to transfer your home to another and live there. However, you can usually do this only under specific circumstances.

Some of the rules and circumstances involved are:

• Your home can usually be transferred to you as the spouse.
• If you have a child living with you who is under 21 and is blind or disabled.
• You may transfer your home to a sibling if they have an interest in the house and lived there for at least one year before a spouse enters a nursing home.
• Also, you may be able to transfer your home to a child if they lived in the home years before you moved to a nursing home and the child provided care to you which helped you remain at home rather than enter a  facility.

This legal remedy can be, at the least, “tricky,” and you must have the help of a Blue Bell estate planning law team that will help ensure you are doing the right thing for you and your family.

How to Protect Assets if Your Spouse Goes Into a Nursing Home?

“Estate planning” is the usual term used to describe the process of organizing and planning the orderly transfer of property and assets upon death. Estate planning deals with death, inheritance tax issues and much more.

However, long-term care planning combines estate planning with the many concerns of protecting and preserving your hard-earned assets from the enormous costs of long-term care.

Your experienced estate planning lawyer is very adept at “Long term” care planning, which is concerned with questions such as: “What if I, or my spouse, become seriously ill or disabled and need extensive care or have to live in a nursing home?”

Your Blue Bell estate planning and elder law attorney will thoroughly analyze your financial situation and prepare a viable plan for both death and disability that may require long-term nursing home care. This plan will be formed to fit the needs of your situation as you and your spouse age and ensure that you both have the best quality of life possible.

My Spouse Needs to Enter a Nursing home; How Should I Obtain Guidance?

Unfortunately, the time has come, and you realize that your spouse is facing an impending health crisis, dementia, or another illness and she can no longer live at home.

This is an emotional and overwhelming situation, but you still must take care of yourself and find answers on how to remain living at home.

Your Philadelphia, Montgomery, Delaware, Chester or Lehigh County elder law attorney’s key role is to help solve the numerous issues that arise and provide professional, empathetic legal guidance to ensure that optimum “quality of life” is preserved for you and your spouse.

Don’t try to navigate these legal issues alone, as too much is at stake. Consult with your local elder law attorney and plan your moves carefully so that you, and your spouse, are cared for with the dignity and respect you both deserve.

It’s not uncommon for older adults to rely on their adult offspring to help them with various functions. That informal level of assistance can be formalized through a power of attorney that allows the parent to authorize someone to handle certain matters on their behalf, primarily financial. This is a good idea in general because a power of attorney is a vital piece of estate planning. But there are times when it can cause friction within a family, particularly between siblings. The sibling with the power of attorney may use conflict as an excuse to isolate the parent from the other siblings or even from family friends. Is that allowed with a power of attorney?

What Can Someone With a Power of Attorney Do?

Powers of attorney vary in terms of what responsibilities they assign depending on the needs of the person authorizing someone else to have the power of attorney for them. Power of attorney can be very narrow, or it can encompass a wide range of items, which can include any or all of the following:

• Access to someone’s digital communications and assets
• Access to financial documents and decisions
• Ability to create or change trusts
• Ability to change survivorship and beneficiary designations

In Pennsylvania, all powers of attorney come with a notice to the person who will have the power that they must act with due care on behalf of the person they’re representing; act in good faith, and act only within the scope of duty as defined by the power of attorney.

What Is Not Included in a Power of Attorney

A power of attorney covers matters related to property and finances. Some additional powers of attorney can address health issues as well. In that case, the representative can refuse to let the parent see people if the representative believes (in good faith) that those people could harm the parent’s health.

But for powers of attorney that only address property and finances, the representative does not have the right to bar access. If this happens to you or someone you know, and the sibling with the power of attorney refuses to cooperate, it could be time to bring in legal assistance to enforce your rights.

Let Me Advise You

If you or someone you know needs legal assistance with powers of attorney, call me at 610-718-6368.

Incompetence and incapacity: They sound similar, but are there differences? And when should each term be used? In Pennsylvania, how they’re used has changed over the years. At one point, “incompetent” wasn’t used legally, but it returned to legal use in 2007. Here’s what you need to know.

Incompetence

In Pennsylvania, incompetence became a standard applied when close family or friends wanted to be able to make certain medical decisions on behalf of someone. For the court to approve, a doctor needed to examine the person and declare them incompetent for medical purposes. That means the doctor didn’t believe the person had the mental capacity to understand what they needed to in order to provide consent for medical treatments. It’s only used in cases where medical decisions are required, but no one was appointed medical power of attorney to step in. This isn’t the end of the line, though; a healthcare representative or even the person diagnosed as incompetent can have the assessment overturned.

Legal Incapacity

Incapacity is similar to incompetence in that it describes a person who can no longer take care of themselves, their health and safety, and daily life and is unable to enter into contractual arrangements knowledgeably. Whereas incompetent is used in medical situations, incapacity is used only in legal matters. For someone to be deemed legally incapacitated, a judge must conduct a hearing in which evidence, medical and otherwise, is presented, and the judge determines whether or not the evidence proves incapacitation. A judgment of incapacity cannot be overturned and can be used in both medical and financial situations.

What Estate Planning Can Do to Help

These types of legal situations arise when someone hasn’t prepared for the future of their estate. Planning and setting up various trusts and powers of attorney can prevent legal hearings and other stressful outcomes. Talk to an experienced estate planning and elder law lawyer about what steps to take.

Let Me Advise You

If you or someone you know needs assistance with estate planning or elder law, call me at 610-718-6368.