Latrobe Law Associates, LLCLatrobe Law Associates, LLC2026-07-14T10:44:23Zhttps://www.latrobelaw.net/feed/atom/WordPress/wp-content/uploads/sites/1204252/2019/06/cropped-fab-32x32.jpgOn Behalf of Latrobe Law Associates, LLC<![CDATA[What veterans’ probate benefits do Pennsylvania families miss?]]>https://www.latrobelaw.net/?p=497492026-07-14T08:57:01Z2026-07-14T08:57:01Z may miss more than bank accounts when a veteran dies. Probate often focuses on property, yet it can also shape how you claim federal and Pennsylvania benefits. Some benefits require paperwork or deadlines that probate may complicate. Acting promptly may help you preserve eligibility and access payments or services.
Why does probate matter for veteran families?
Many families see probate as a way to pass on a will or sell assets. You might also view probate as a process that can affect veteran benefits. Courts oversee administration and you may need to file documents with the Veterans Affairs (VA) or state agencies while the estate moves forward. The timing of these filings may also influence whether you qualify for certain payments.
How can Pennsylvania law affect benefits?
Pennsylvania's estate law sets rules for how an executor or administrator manages an estate. You may need court approval to distribute assets, pay debts or settle claims. That oversight can affect how you handle VA benefits, survivor pensions or state veterans grants. If you wait too long to file claims, you may lose eligibility or may face delays.
What common benefits get overlooked?
Below are benefits that families sometimes miss after a veteran's death. Many of these benefits require specific forms, proofs or deadlines tied to the probate timeline:
Unclaimed VA benefits: Monthly payments, accrued benefits or unpaid compensation may require a death certificate and a claim form sent to the U.S. Department of Veterans Affairs.
Survivor pension and dependency and indemnity compensation: Dependents may qualify for a needs-based pension or dependency and indemnity compensation, but you may need to show service records and proof of relationship.
Burial and memorial benefits: VA burial allowances, gravesite placement and headstone requests may require paperwork submitted soon after death.
State veterans benefits: Pennsylvania offers property tax exemptions and grants that may need an application within certain timeframes.
You may need official documents to support these claims. Keep originals of discharge papers, marriage or birth certificates and military medical records if available.
What mistakes can cause delays?
Some mistakes can slow or block benefits. You might overlook filing deadlines, submit incomplete forms or assume probate alone settles all matters. Another common issue is not notifying the VA and state veterans affairs office early enough. Missing these small steps may lead to months of waiting or lost benefits.
Which steps can you take now?
First, collect key documents and get multiple certified death certificates. Next, contact the VA regional office and Pennsylvania Department of Military and Veterans Affairs to learn required forms. Finally, consider speaking with someone experienced in probate and veteran benefits who can suggest options without promising outcomes.
Act early, stay informed
Acting early may improve your chances of claiming benefits connected to a veteran's estate. If you feel unsure about which steps to take next, a local veterans service officer may help you review options and timelines. For guidance that fits your situation, consider contacting the firm to work with an experienced probate attorney who can help you navigate filings, deadlines and coordination with VA and state agencies.]]>On Behalf of Latrobe Law Associates, LLC<![CDATA[Who keeps the house and cars in a Pennsylvania divorce?]]>https://www.latrobelaw.net/?p=497352026-01-10T08:08:37Z2026-01-10T08:08:37Zequitable distribution" to address these concerns. “Equitable” does not necessarily mean a 50/50 division of all assets you own. Instead, the court aims for a fair division based on your specific circumstances.
Defining marital vs. separate property
Before dividing assets, you must determine what belongs to the marriage. Marital property generally includes any assets you or your spouse acquired while married, including the family home and vehicles, even if only one name appears on the title or deed.
Separate property usually involves items you owned before the wedding or received as a personal gift or inheritance. However, if a separate asset increased in value during your marriage, that added value at the time of the trial or separation (whichever is lower) might be subject to division. Likewise, if you “commingled” separate property with marital accounts or other joint assets, all or some portion may be subject to division.
Factors that influence the courts
Pennsylvania judges do not use a simple formula to divide property. They look at many parts of your life to decide what is fair. Common factors include:
The length of your marriage and any prior marriages
The age, health, and income sources of both parties
The custodial designations of both parents, whether shared or primary
The future earning power and employability of each spouse
If you want to keep the house, you might buy out your spouse’s share or trade other assets to balance the value. Sometimes, couples agree to sell the home and split the profit. You must consider the tax impacts and the ongoing costs of insurance and maintenance for any property you keep.
Dividing vehicles
Cars follow similar rules but often involve practical solutions. Courts divide vehicles as part of the overall equitable distribution of the marital estate. Which spouse uses a vehicle most often may be a consideration. However, the court must weigh all statutory factors, including each spouse's needs and financial standing.
Also, the court equitably distributes marital debts, which may include car loans. While your ability to pay is a factor the court considers, the judge has the authority to assign the debt as part of the overall equitable distribution of assets.
Ensure a just outcome
Property division is a complex balancing act tailored to your family's unique situation. These vital decisions impact your financial health for years to come. Because the stakes are high, having skilled legal representation is essential to ensure a fair outcome. Taking the proper steps now helps you move forward with confidence and security.]]>On Behalf of Latrobe Law Associates, LLC<![CDATA[3 reasons why you should create a will in 2026]]>https://www.latrobelaw.net/?p=497362026-01-02T21:28:32Z2026-01-02T21:24:14ZThe holiday season is giving way to a new year. And you might have some resolutions in mind. For instance, you may resolve to exercise more, save money, or take the vacation that you have been putting off. These are all great goals. However, if you do not yet have a will, living will, and power of attorney, creating these documents should be on top of your list. In this blog, we will focus on why it is important to have a last will and testament. While it might not seem a common resolution, having a last will and testament properly prepared by legal counsel can be crucial for your long-term security and to protect your family when you are gone. Here are three reasons why you should create a will in 2026.
Plan for the inheritance tax
Pennsylvania is one of the states that imposes a mandatory inheritance tax on nearly all assets passed to heirs. In Pennsylvania, rates are determined by the relationship between the decedent and the inheriting party. These are some of the rates:
0% on transfers to a surviving spouse, or from a child aged 21 or younger to a parent
4.5% on direct descendants
12% on siblings
A will that considers the applicable inheritance tax can include specific provisions on how it should be paid, so your loved ones will not be shocked by a sudden tax bill from the Department of Revenue. Moreover, we can give authority to the executor to prepare a single tax return for all the heirs of your estate. This can save you money, as well as spare unsophisticated heirs from having to file an inheritance tax return on their own.
Appoint a guardian for your children
If you want to ensure that your children grow up with a person of your choosing, a will is a good legal resource to nominate a guardian for them. While such a provision is not binding in all instances, expressing your desires clearly can help to determine who will raise your children in your absence.
Streamline the probate process
Pennsylvania law allows for a “self-proving will”, which includes an affidavit signed before a notary. This document can be a relief for your family, as self-proving wills spare your family from the often difficult process of tracking down witnesses to prove the will’s validity. Having a properly prepared self-proving will can also avoid delays in court.Start 2026 by getting your affairs in order for your own peace of mind and for the sake of your loved ones. Talk to a Pennsylvania estate lawyer and cross this resolution off your list. ]]>On Behalf of Latrobe Law Associates, LLC<![CDATA[Do’s and Don’ts When Divorce is Looming]]>https://www.latrobelaw.net/?p=494582023-01-13T17:41:32Z2023-01-13T17:41:32ZDO educate yourself about divorce. Get a consultation with a reputable attorney. Know however that with consultations, you get what you pay for. Attorney’s offering a ‘free’ consultation in divorce matters are either hungry for work (suggesting they’re not the best choice) or not offering you much in the way of service during their consultation. At Latrobe Law Associates, LLC, we charge a flat rate $200 for a consultation up to 90 minutes. During our session, we take information to understand your situation and walk you through the likely process for your case. This helps you to handle the situations that pop up and not be unduly frightened by idle threats. You can also better start to plan for a potential looming divorce. Moreover, if divorce isn’t your desire, understanding the process and your situation may help you to remain calm and collected during this stressful time and that may help you to focus on reconciliation. Education is invaluable and a thorough consultation is worth the fee.
DO investigate and gather records. Get a scanner app on your smartphone and take .pdf photos of important documents. Estate planning documents, statements for mortgages, credit cards, banking and other financial accounts, vehicle titles and registrations, year-to-date pay stubs, and other documents are all invaluable to understanding your financial situation. You may also want to run your own credit report. You can find it here for free: www.annualcreditreport.com.
DO document what you have and protect sentimental items. Take a video of your home and narrate as you go. This is better than photos because you are less likely to miss items and you can explain what you are looking at as you go. With a good quality video, you can also take screen shots from the video. Also items of value such as coins, metals, jewels, and cash, can disappear and with no documentation that they existed, you will likely never recover them. It’s unfortunate, but without documentation the law is not well equipped to correct someone willing to lie to get more than their fair share of the marital estate.
DO examine the future. Be sure to assess and document the value of pensions and retirement assets, get copies of life insurance declarations pages, and run your social security statement for your earnings history and potential pay out. If your spouse makes more than you, it may also benefit you to delay divorce to ensure that you are married for a sufficient length of time to ensure that you can obtain benefits under their income. At the time of this article that time period is ten (10) years of marriage. Also, understand your health insurance benefits and if you are now on your spouse’s benefits, begin planning for how you will obtain health insurance following divorce.
DON’T enlarge the marital estate at this time. If you have premarital money or real estate in your own name, or if you receive an inheritance keep it in your own name. You may face pressure to add your spouse, but in Pennsylvania, doing that will entitle your spouse to half of that asset, even if some or all of that value may have been excluded from the marital estate before your conveyance into joint names. The same thing goes for gifts and inheritances. Do not place them into joint names as doing so will essentially gift half of that asset to your next ex-spouse.
DON’T lash out. Divorce can be stressful, but yelling, insulting, or breaking things reflects poorly on you and may become public. Moreover, repeated communications at late hours, even if nonthreatening, may give rise to criminal charges and threats or property damage may give rise to Protection from Abuse Order which could evict you from your home and stigmatize you in ways that you would prefer to avoid.
DON’T make a temporary situation permanent. Acting out can make your situation worse and bad actions like overspending out of spite, quitting your job, or self-harm can make what seems bad into an awful and permanent hindrance on your happiness. Even unbecoming late-night social media posts can impair your reputation. Remember, it takes a lifetime to build a name and a second to wreck yourself. If you feel yourself fraying, see a mental health professional right away. Divorce is a stressful time, so take care of you. Then you can take care of business.]]>On Behalf of Latrobe Law Associates, LLC<![CDATA[Defenses to Common Drinking Offenses]]>https://www.latrobelaw.net/?p=461222019-07-18T05:43:53Z2018-12-09T06:00:00Z
In Pennsylvania, the sales and use of alcoholic beverages are strictly regulated. Many people attribute this to our Quaker heritage, much the way that the state of Utah has similar oversight because of their Mormon heritage. Whatever the origin, the Commonwealth is known to perhaps more zealously prosecute alcohol related offenses than other states.
If you should find yourself being investigated for an alcohol related offense you should keep these tips in mind.
You have a right to remain silent. If an officer asks you if you were drinking, particularly if you were not in the operation of a motor vehicle, you have no duty to answer that question. You may choose to use verbiage such as, "Officer, I respectfully exercise my Constitutional right to remain silent," or "I choose to remain silent." The latter way may be better if you are not in condition to recite polysyllabic words like "constitutional". Stating that you have been drinking is at least a partial confession.
In furtherance of number 1, you should never admit that you have been drinking. You may have read in the Bible that, "The truth shall set you free." Rest assured that God was not speaking to you regarding your interactions with law enforcement. Silence is not only your right, but it is most often the right way to go.
As I stated in a prior blog tailored specifically to DUI stops-you do not have to submit to a hand-held breath test (also called a PBT for "portable breath test"). In most cases, it is better that you do not. Do not be afraid to politely decline. It will then be incumbent upon the officer to make a choice of whether to place you under arrest and to request a blood or calibrated breath test at the hospital or barracks.
If you are operating a motor vehicle, you have a duty to provide your license if you are stopped. However, if you are not operating a vehicle, there is no duty to carry identification in America. If you are underage, it is an element of the offense that the Commonwealth must prove that you are under-age drinking that you are under 21. For this reason, the police will have difficulty prosecuting you for the offense without proof of your age, such as your identification. Please understand however that you should definitely NEVER lie to law enforcement about your name or date of birth as such actions are crimes on their own. However, if you do not have identification on your person, the absence of identification cannot be used against you to establish the under-age consumption of alcoholic beverages.
Control yourself. Being under age in the presence of alcohol, even if you smell like alcohol, is insufficient to successfully prosecute you for under-age drinking without other indicia of intoxication or consumption. If you choose to talk, your admission to drinking alcohol can be used against you. Likewise, if you slur, fall down, or demonstrate belligerent behavior, it can be used against you to prove that you were consuming alcohol in violation of the statute, while under age. (See Commonwealth v. Williamson, 532 Pa. 568). Likewise, in addition to the Commonwealth proving that you are underage and that you consumed alcohol, it is also yet another necessary element of proving the offense to demonstrate that you are impaired, or that the substance consumed was sufficiently alcoholic to meet the definition of the statute. (See Commonwealth v. Tau Kappa Epsilon, 530 Pa. 416; 18 Pa. C.S.A. § 6310.6).
Never be combative or ignorant with police officers. It is a frustrating thing to be investigated or arrested. However, courteous interaction will always be more successful than argument with the authorities and rudeness on your part could make your situation worse. If you want to express your frustration to the police, tell a friend or your lawyer. Later.
Chances are that you are reading this after you have had an issue. However, even if you read this before any issue and try to follow these tips to the letter, there are many instances that you may still not have a good case at trial. In those instances, it is frequently better to plead. Still, the stronger the Commonwealth's case, the harder it will be for a lawyer to get you a better deal. So do your best to be courteous while not doing the Commonwealth's job for them and it should help to improve your outcome.
]]>On Behalf of Latrobe Law Associates, LLC<![CDATA[What are defenses to a DUI charge?]]>https://www.latrobelaw.net/?p=461242019-07-18T05:34:43Z2018-02-16T06:00:00Z
Although charges for driving under the influence of alcohol are fairly common, it is quite a serious charge that comes with consequences. It is never a charge to be taken lightly, and it is never one to be simply dismissed as "bad luck" if you believe that you were wrongfully charged.
In fact, there are many ways that DUI charges can be defended against.
What are the common defenses to a DUI charge?
One of the most common forms of defense is to dispute the accuracy of the breathalyzer test. If you take a breathalyzer test, it is a widely known fact that the accuracy is not always completely reliable. Therefore, if you were tested to be only slightly above the legal limit, it could be the case that you were actually driving legally.
Another valid defense is to claim that although you were intoxicated, you were involuntarily intoxicated. It might have been that you were unknowingly being served more alcohol than you requested in a bar. Similarly, you might have believed that you were sober but had your drink spiked.
A less common defense is driving out of necessity, for example, in the case of an intoxicated person urgently needing to drive a family member to the hospital.
Do you need to defend yourself against a DUI charge?
There are many potential defenses to a DUI charge, and those who firmly believe that they are innocent should explore all defense paths and understand their legal options. Even if the evidence against you is particularly strong and will likely end in a conviction, you still might be able to improve your legal circumstances and reduce your ultimate punishments via a well-crafted criminal defense.
Source: FindLaw, "Defenses to Drunk Driving," accessed Feb. 16, 2018
]]>On Behalf of Latrobe Law Associates, LLC<![CDATA[What happens if you violate your probation?]]>https://www.latrobelaw.net/?p=462012019-07-18T05:34:52Z2018-02-08T06:00:00Z
When you are put on probation and you break the terms in one way or another, this is known as a violation of probation. This can be a very serious offense, but it could also be considered a minor one. It all depends on what terms of the probation you broke and what consequence it had.
If you have broken the probation terms, then the consequences will be based upon the circumstances. For example, you breaking your probation terms may have been accidental and resulted in no negative consequence. Or conversely, it could have been intentional and had the potential to cause serious harm to yourself or others.
What are the different ways in which probation could be violated?
You should have been made aware of the terms of probation when the ruling started. You may have violated your probation because you did not appear in court as was arranged, or alternatively, it could be because you did not report to your officer or pay a fine that you were ordered to pay.
Other ways that you may have violated your probation include using, selling or being found in possession of illegal drugs, committing a crime or being arrested in general.
What happens after you have been found to be violating probation?
If it has been reported that you have violated probation, you will need to attend a hearing. It will then be decided whether you are guilty or not. Being found guilty may result in you serving the rest of your sentence in prison.
If you are worried that you may be found guilty of violating probation, it is important that you understand the aspects of the law and how it applies to your situation.
Source: FindLaw, "Probation Violation," accessed Feb. 08, 2018
]]>On Behalf of Latrobe Law Associates, LLC<![CDATA[What are my child custody options in Pennsylvania?]]>https://www.latrobelaw.net/?p=462032019-07-18T05:34:58Z2018-02-01T06:00:00Z
One of the most overwhelming things about child custody is that all of the different options and types of settlements can seem confusing and difficult to navigate. As a parent going through a child custody settlement, one of the best ways that you can prepare is by understanding all of the different options available to you and what they mean.
The types of custody that you choose will depend largely on your circumstances as a family. It may be that you wish to coparent and share responsibility for your child equally with the other parent, or it might be the case that you think the other parent poses a danger to the child and you want to make sure that your child is fully protected.
Sole custody
If you decide to seek sole custody, this means that you will have full responsibility and parental rights for your child. This is usually a result of the other parent not being in the picture at all, or of the judge determining that the other parent poses a significant risk to the child.
Joint custody
Judges prefer to grant joint custody whenever possible, because it means that the child can benefit from a relationship with both of his or her parents. Usually this is combined with a parenting agreement that allows parents to work together.
It is important to consider physical custody and legal custody. Many judges are now deciding to grant legal custody even when they have not granted physical custody over the child. If you are confused over the options available to you in your child custody case, it is important that you research fully so you are well-prepared.
Source: FindLaw, "The Various Types of Child Custody," accessed Feb. 02, 2018
]]>On Behalf of Latrobe Law Associates, LLC<![CDATA[Pennsylvania’s new approach to drug sentencing]]>https://www.latrobelaw.net/?p=462052025-03-27T16:02:40Z2018-01-26T06:00:00Z
Across the United States, penalties for drug crimes, from drug use to selling and distributing, are slowly but surely being reformed. Much of the time, inspiration on drug penalties can come from European countries. Portugal is one good example. Portugal took the decision in the early 2000's to decriminalize drug use, reinvesting the money saved from jail maintenance into drug rehabilitation programs.
Pennsylvania's previous drug laws were criticized by Director of Research at the Pennsylvania Department of Corrections. He said that the previous punishment system was not effective enough to prevent crimes because it was not adequately consistent to act as a deterrent.
What is the new approach for crimes?
A new Pennsylvania framework focuses on "swift and certain" punishment rather than a possible punishment that may occur months down the line. It is drawn out with the intention to provide citizens with clear consequences if they break the law, with the hope that many will be deterred because of their knowledge of the consequences of their actions.
What does this mean for drug crimes?
It means that those on probation for drug crimes will be subject to very clear consequences when it comes to drug use and honesty. They will be subject to drug tests several times a week, and will get an immediate two days in jail if admitting to drug use, or an immediate five days in jail if they test positive after denying drug use.
It is important to understand the consequences of drug crimes, especially if you have been accused of a drug-related crime in Pennsylvania.Source: The Inquirer, "Pennsylvania offers a new 'smart on crime' approach. But does it actually work?," accessed Jan. 26, 2018
]]>On Behalf of Latrobe Law Associates, LLC<![CDATA[The pros and cons of joint physical custody arrangements]]>https://www.latrobelaw.net/?p=462072019-07-18T05:35:18Z2018-01-19T06:00:00Z
Joint physical custody is often what people think of when considering joint custody in general. In reality, this only refers to the children's living situation.
There is also joint legal custody, which revolves around making decisions for the children, such as what medical care they will receive.Looking strictly at the physical custody side, you may find yourself wondering about the potential benefits and drawbacks.
Pros to joint custody
Children still have a relationship with both of their parents. Their parents get to be there to see them grow up and develop. Studies have found that this development is aided in many ways by having two parents.
It also helps the parents, who get to share the responsibilities and obligations of raising a child. That's something they shared when they were together, and they can still do it after the divorce. Though that divorce will change all of their lives, joint custody helps to reduce the overall changes for the children.
Cons related to joint custody
Children are often stuck with two parents who don't get along, and they could be exposed to arguments and disagreements. They also have less stability as they're brought back and forth between two homes. They may find it harder to feel relaxed at either house.
They don't have all of the same toys and other possessions at both homes. They may also not have the same set of rules if their parents don't agree on exactly how they should raise the kids, and that can be confusing.
How to make the right decision about custody
They key is for parents to know all of their legal rights and to understand what they can do to make things go smoothly for the kids. For instance, some of the cons can be addressed in a carefully considered parenting plan.
Source: Psychology Today, "Joint physical custody," Robert E. Emery, accessed Jan. 19, 2018
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