Yearly Archives: 2014
Changes to Pennsylvania Power of Attorney
Along with a will and a health care power of attorney, one of the foundation documents for most peoples’ estate plans is the durable general power of attorney, which allows an agent to act on behalf of the person with respect to the person’s finances… Continue reading
Queen’s English: And So Forth…
Et al. (from the Latin et alii – “and others”) and etc. (from the Latin etcetera – – “and other things”) are sometimes used interchangeably in error. “Et al.” always refers to people, and “etc.” in almost all situations refers to things other than people. Preliminarily, note… Continue reading
Latin Lovers: Confess!
Cognovit literally means “he has acknowledged” – it is usually used in connection with acknowledgment of a debt. A clause in a promissory note allowing confession of judgment against the debtor is a cognovit clause – it is an acknowledgment by the debtor that judgment… Continue reading
A Landlord’s Limit in Liability
If you own a building which you do not occupy and which you have leased to a tenant, can you be responsible for injury to your tenant’s visitor for an injury because of a defect on the property? In a recent opinion, the U.S. District… Continue reading
Pennsylvania’s Deficiency Judgment Act
When a real estate mortgage is foreclosed the underlying property is typically sold at a sheriff’s sale by the mortgage lender. The lender hopes to sell the property for a high enough price to cover the loan balance owed by the borrower. Sometimes, however, the… Continue reading
Keeping a Liquor License Safe: When to Put a License Into Safekeeping
When a licensed establishment is closed for renovation or is damaged by natural disaster or when the business has to close for economic reasons, there are actions the Pennsylvania Liquor Control Board (“LCB”) requires of the licensee. Any licensed establishment closed for fifteen days or… Continue reading
Living Trusts in Pennsylvania
We frequently speak with clients who already have or who are contemplating the creation of a “living trust” or, more formally, a “revocable trust.” These vehicles are heavily marketed by attorneys and other estate planners as a means of avoiding probate, smoothing out the post-death… Continue reading
Failure to Pay a Motor Vehicle Judgment
Pennsylvania law has a little known provision which provides that any person who fails within 60 days to satisfy a judgment arising out of a motor vehicle accident can have his operating privilege suspended until the judgment is satisfied. The Vehicle Code allows the injured… Continue reading
Inherited IRA’s and Creditors
The normally staid world of Individual Retirement Account planning has been shocked by the recent United States Supreme Court case of Clark v. Rameker. Nearly every day a new article or seminar advertisement related to this case pops up on my e-mail. Under the Federal… Continue reading
“Incompetent, Irrelevant and Immaterial”
In the courtroom, especially in the case of a jury trial, information which is presented to the court is subject to various limitations and controls. For example, in the case involving whether a driver ran through a stop sign in Pennsylvania without stopping it might… Continue reading