Archive for the ‘Estate Planning and Administration’ Category

A special needs trust is a wonderful tool that can empower a person with disability (“PWD”) and their family, by preserving access to benefits while at the same time protecting family assets.  Family members can create a trust and name a trustee for their loved one so that assets will be held for their benefit and will not interfere with the means-based qualifications for Medicaid or SSI benefits, which are so important in today’s world. But what if the PWD is already in possession of the assets in question, or receives an unexpected inheritance or personal injury settlement?   Owning or receiving such… read more »

CGA Law Firm voted Best Law Firm in York County 2020 All of us at CGA Law Firm sincerely appreciate the residents of York County voting us “Best Law Firm” for 2020. The confidence you demonstrate each year with your overwhelming votes continues to warm our hearts and inspire us to do our very best. Our team of approximately 70 professionals offers depth of experience, passion and skill. Although CGA is based in York, the Firm serves clients throughout South Central PA, often as a more convenient and cost effectivealternative to “big city” firms. When you hire a CGA attorney, you… read more »

As Pennsylvania transitions from Red to Yellow, significant restrictions will continue to limit our public interactions, and safety for ourselves and our loved ones requires continued separation.  However, these restrictions do not prevent you from assuring that important estate documents like Wills and powers-of-attorney are in place, updating those documents or health care directives to meet your needs, and making certain that your family and loved ones are protected.   At any time, having your Will and estate documents in place provides protection and peace of mind.  During the current emergency, the protection of good estate planning is essential.  Fortunately, our Legislature has acted… read more »

Article by: Attorney Timothy Bupp and Paralegal Cori Spisak Earlier this week, our Legislature acted to make Pennsylvanians safer by strengthening the use of remote notarization in the Commonwealth. Act 15 of 2020, signed by Governor Wolf on April 20, gives statutory support to the Governor’s previous Executive Orders on remote notary. Notaries can now assist with the signing, witnessing and notarization of legal documents without the signors physically appearing before the notary agent.  Act 15 also expands the use of remote notary to a wider range of documents and to signors outside of the boundaries of our Commonwealth. These protections will… read more »

Written by Attorney Timothy J. Bupp, CELA; CGA Estate Practice Chairman The COVID-19 emergency has created unwanted stress for those of us in quarantine.  The risk of illness, particularly for older persons, has caused concern regarding whether we can get the legal help we need.   Review estate planning documents Many have taken this time to rethink their estate planning documents, including wills, health care directives, and powers of attorney.  Unfortunately, during this uncertain time when having these documents in place has never been more important, the shelter-in-place order makes it more difficult than ever to arrange the necessary meetings with professionals to prepare,… read more »

COVID-19 Update: Congress Expands Access to Retirement Accounts During Emergency Written by Attorney Timothy J. Bupp, CELA; CGA Estate Practice Chairman Among the many provisions of the $2.2 trillion dollar CARES Act passed by Congress in March are several directed at retirement plans.  These provisions loosen the usual restrictions on qualified accounts for those suffering economically from the current emergency.           — Emergency Withdrawals.  Early withdrawals from an IRA or  qualified plan account usually trigger a ten- percent excise  penalty.  However, the CARES Act now allows Covid-related distributions from a qualified account of up to $100,000 without the penalty, so long as the participant repays the… read more »

A message from the Estate Practice Group Chair In these difficult times, our first, last and foremost thought is the safety and well-being of our clients, our employees, and all of our families.  In such times of uncertainty, all of us desire the reassurance of knowing that essential estate planning documents are in place to provide for and protect our loved ones.  At CGA, our goal is to assure our clients that they have the strong and updated estate documents they need, provided in a manner that protects the safety of our clients, our employees, and our nation.  To that… read more »

COVID-19 Update: POAs in Troubled Times On Tuesday, March 24, CGA’s estate attorneys participated in a Canon series teleconference, co-sponsored by our friends at ACNB Bank, outlining the very latest legal guidance on that most important of estate documents, the durable power of attorney (“POA”). The following are notes from that seminar.   1.  Irreplaceable.A POA allows us to appoint a trusted person like a spouse, parent, child, or other family member to help and assist us with decisions if we are unable to take action on our own. There is really no substitute for a valid POA; without one, family members… read more »

Article by: Timothy J. Bupp, Esquire When preparing a client’s estate planning, we try to anticipate every need and plan for every consideration in their lives.  Such planning would be incomplete if it did not take into consideration the future care of animal pets.  A recent study indicates that sixty-eight (68%) percent of American households, or about 85 million families, have animal pets.  Pets provide love and companionship, and fulfill an important need in the family.  It is only appropriate that care be given to the disposition of animal pets as part of your estate plan.   Puppynup.  Animal pets can come into a marital union… read more »

Municipalities are frequently witness to the tensions between large-scale farmers and their residential neighbors who resent the effects of these farms on their way of life. Concentrated farming operations are strictly regulated by the Commonwealth; but even a large-scale farm that complies thoroughly with all of Pennsylvania’s requirements can generate odors, insects or runoff which create at least the perception of problems or violations in the eyes of neighbors.  Municipal officials are often pulled in both directions – to support one side’s position or take action to correct the other.  Fortunately for municipalities, legislative and legal guidance is available to… read more »