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hand next to pile of $100 writing "testament my last wish"

Moving From/to a New State? Make Sure to Have Your Estate Plan Reviewed When You Are Settled

When relocating to a new state, it is important to have your estate plan documents, such as a Will, Power Of Attorney, Durable Health Care Power Of Attorney (Living Will), or Trust, reviewed by an attorney in your new state as soon as possible, as some states have unique laws and requirements regarding these documents.  Estate and Inheritance Tax provisions should also be considered upon relocating.

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gavel on a table

How Much to Ask For In A Personal Injury Settlement In Pennsylvania

If you are claiming an injury as a result of someone else’s fault (and you did not contribute to your own injuries), there are several factors that will help determine how much to ask for in the demand letter, which typically starts the settlement process.

How much to ask for in a personal injury settlement? Personal injury settlements can range from $3,000 to over $75,000 on average nationally, and frankly, these ranges even vary from county to county or state to state. How much also depends on the attorneys’ experience and what such cases/injuries typically settle for in Pennsylvania. Get what you deserve! Experience counts. Call Pyfer Reese Straub Gray & Farhat for a consultation.

Read further to learn what impacts how much to ask for in a personal injury settlement.

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taxes and the law

The Tax Process During an Estate Administration

There are, generally, three tax returns that may be filed after the date of death of the decedent by the executor (administrator) or executrix (administratrix) of an estate:

    (1) Personal Income Tax Returns, and

    (2) Fiduciary Income Tax Returns, and

    (3) Pennsylvania Inheritance Tax Return.

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children in a wagon

Relocation in Custody Matters

Parties to a custody action commonly seek to relocate with their child or children. Pennsylvania has set forth precise procedural requirements in these situations. That said, the threshold determination in these matters is whether the relocation triggers the aforementioned formal process at all.

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personal injury law

How Long Does a Personal Injury Lawsuit Take?

There is no definite answer to this question. It depends. It depends on your injuries. It depends on the number of parties. It depends where you file your lawsuit. It depends on the backlog of the specific court where you are filing. And during these unsettled times with COVID-19 lurking, the answer becomes even more complex and unpredictable. In essence, a personal injury lawsuit may take months or years to resolve, from the date a complaint is filed to the date a trial or a settlement or some alternative dispute resolution procedure takes place to bring closure to your lawsuit. 

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Posted in News on by Pyfer Reese.

child getting COVID vaccine

Legal Custody and Vaccination Disputes: COVID-19 Impact

COVID-19 vaccines are now widely available for children ages 5 years and older, and booster shots are being offered for children ages 16 years and older and children who are moderately or severely immunocompromised.  If you are a parent, you have likely considered the COVID-19 vaccine and whether it is appropriate for your child. 

There is no question that the decision to vaccinate—or not vaccinate—has led to spirited debate among adults, and similar discourse has occurred between parents who are considering the vaccine for their child. 

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social security disability benefits

The 5-Part Test to Determine If an Individual Is Eligible for Social Security Disability Benefits

When a person applies for Social Security Disability Benefits, the Social Security Administration (“SSA”) applies a five-part test to decide whether that person meets its definition of disability. The person applying for disability must prove each factor to be awarded disability. 

Disability Eligibility Factor No. 1

The first factor SSA considers is whether the person is engaging in Substantial Gainful Activity. Simply put, this means SSA will investigate whether the person is working and making more money than allowed for an award of disability benefits to be made.

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What is a Preliminary Hearing and What Happens After a Preliminary Hearing Is Waived?

The meaning and impact of legal terms are often foreign to most people who have been charged criminally in Pennsylvania.  

For instance, following an arrest or interaction with law enforcement, a defendant may receive in the mail documentation from a Magisterial District Court noting the date and time for a Preliminary Hearing, which requires his or her presence. No other details are provided.

So, the first question the accused asks is, “What is a Preliminary Hearing?” It is probably the most frequently asked question among defense attorneys when first speaking with their respective clients.

In short, a Preliminary Hearing is a procedural safeguard for defendants, requiring the Commonwealth of Pennsylvania, through the charging county’s Office of the District Attorney, to establish that there is enough evidence to proceed with the matter to the Common Pleas court level. The burden is on the Office of the District Attorney to establish a prima facie case against the accused, which consists of two components: (1) sufficient evidence that a crime has been committed, and (2) sufficient evidence that the accused committed the crime.

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DUI offense with police stop

The Effect of a Prior ARD DUI On Subsequent DUIs

The recent legal turmoil around the legal effect of a prior driving-under-the-influence (DUI) charge for which a driver completed the accelerated rehabilitative disposition (ARD) program continues. In this latest turn, the prosecutors’ attempted workaround catches the criticism of the Superior Court in Commonwealth v. Richards, 1673 EDA 2020 (memorandum decision).

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defective product injury

What Kind of Lawyer Handles Product Defects?

Product liability refers to the liability that may arise when a product is defective or not reasonably safe. Doctors, patients, or consumers who have been injured by unsafe products may have access to compensation, in the form of a product liability lawsuit.

Our product liability lawyers, [or defective product lawyers], generally handle the following:

  • Manufacturing defects, such as missing or incorrectly installed brake pads on a motorcycle
  • Design defects, such as unstable shelving that falls
  • Inadequate or no product instructions, such as televisions or furniture without tip-over warnings; or lack of instructions on properly anchoring the furniture to the wall.
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