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Qualifying for alimony pendente lite in Pennsylvania

On behalf of John C. Lackatos, P.C. on Thursday, October 11, 2018.

Some individuals worry that when divorce proceedings begin, they will be unable to sustain themselves during the process without access to their spouse's income. Because you stayed at home and raised your children, you may not have the ability to find employment quickly.

Support exists in Pennsylvania called alimony pendente lite, which translates to, "alimony pending litigation". During your divorce depositions, hearings and process, you may have the ability to obtain income from your spouse through alimony payments. This support ensures that no individual spouse proves detrimentally affected by divorce proceedings, even if he or she has never held a job. It is essential, when dealing with alimony and spousal support, that you hire an experienced divorce attorney to help you in obtaining maximum alimony pendente lite during divorce litigation.

Pennsylvania recognizes several types of physical child custody

On behalf of John C. Lackatos, P.C. posted in child custody on Tuesday, October 9, 2018.

Per state law, physical custody of a child means the child is physically in the care and control of a parent. The Commonwealth of Pennsylvania recognizes five types of physical custody of a child. This post will provide a brief overview of this topic, but, as always, one seeking legal advice for their child custody issues should consult with a professional.

One type of physical custody is shared physical custody. In this situation both parents will enjoy significant periods of time with the child in their care. Another type of physical custody is primary physical custody. In this situation one parent has right to have the child in their care for the majority of the time.

When can a Pennsylvanian carry a firearm used for hunting?

On behalf of John C. Lackatos, P.C. posted in firearms law on Wednesday, September 26, 2018.

Autumn means hunting season is on the horizon. Hunting with a firearm, whether it is for deer, pheasants or other game animals, is a hobby that many people enjoy and look forward to it each year. However, to hunt with a firearm, a person must have a sportsman's firearm permit.

A sportsman's firearm permit can be issued to a person age 18 or above who has a license to hunt, trap or fish. There is an application and fee, and the permit is valid for five years. The permit allows a person to carry a firearm if they are in the act of hunting, fur taking, fishing or is traveling to and from areas where they are going to carry out these activities.

Consent may be necessary to a stepparent adoption

On behalf of John C. Lackatos, P.C. posted in stepparent adoptions on Tuesday, September 11, 2018.

Sometimes, especially when a child's biological parent is not in the picture, the child's stepparent will step in and provide the child with the parental love and support any child needs. Sometimes the parties wish to make this parent-child relationship formal through stepparent adoption. One issue that does come up in a stepparent adoption is the issue of consent.

In general, in Pennsylvania, the biological parent of a child who has not yet turned 18 needs to consent to a stepparent adoption. In addition, if the child is age 12 or above, the child must consent to being adopted. However, there are a number of situations in which parental consent is not needed for an adoption.

What you should know about stepparent adoption in Pennsylvania

On behalf of John C. Lackatos, P.C. on Friday, August 31, 2018.

When you marry someone with a child from a previous relationship, you become their stepparent. This is not a legal parental relationship, however. To become a legal parent of your spouse's child, you need to adopt the child through stepparent adoption.

Ideally, every child would have two parents who are loving and responsible. Unfortunately, this is often not the case. In cases where the parent does not financially and emotionally support the child, involuntary termination of parental rights may result in the adoption of the child by a stepparent.

Who receives life insurance benefits after a divorce?

On behalf of John C. Lackatos, P.C. posted in divorce on Thursday, August 30, 2018.

Most people in Pennsylvania with life insurance policies have a beneficiary named on these assets, often their spouse, who will receive the benefits should the policyholder pass away. Many people name a beneficiary, but soon after do not give it a second thought. However, there is one time where it is wise to review one's beneficiary designation: when one divorces.

If a person named their spouse as a beneficiary to a life insurance policy, but does not update it to remove their ex-spouse as a beneficiary following a divorce, it can cause legal trouble. After all, most people do not want their ex-spouse to receive their life insurance proceeds after their death. But, the Supreme Court has addressed this situation in 2018, issuing a ruling that protects the interests of the policyholder.

What are the duties of the executor of an estate?

On behalf of John C. Lackatos, P.C. posted in estate administration on Wednesday, August 22, 2018.

Being appointed the executor of a loved one's estate is an honor. However, it can also cause confusion, especially if one does not have any experience in estate administration in Pennsylvania. It can be intimidating, to say the least. Essentially, though, the executor of a will has the duty of ensuring that the deceased's debts are paid and that the remainder of the deceased's estate is passed on per the deceased's will. This post will provide a brief overview of these duties.

First, an executor will have to locate all the estate's assets and keep them safe. The executer will have to determine if the deceased's will should be probated, and if so, the executor will have to ensure the deceased's will is filed in the right court. The executor will have to locate and contact the heirs listed in the will. The executor has to wind up the deceased's affairs (for example, by cancelling credit cards).

Including dogs in your estate planning

On behalf of John C. Lackatos, P.C. on Saturday, August 11, 2018.

When Pennsylvania pet owners are planning the distribution of their assets prior to their death, many do not take their dogs into account. Canines tend to have significantly shorter life spans than humans, so it is easy to assume that Fido will pass away before you do.

However, estate planners should always prepare for the unexpected. When you die, you do not want your pet to go back to a risky shelter or be inherited by someone who does not want to take care of them. There are many options to consider when planning for your dog’s life after your death, and it is crucial that you are aware of all of them to find the best path for your pet.

What duties does a personal representative have in Pennsylvania?

On behalf of John C. Lackatos, P.C. posted in estate administration on Monday, August 6, 2018.

Losing a loved one is an emotional process. When people are grieving, they may not initially be thinking of what will happen to their loved one's assets. However, there are legalities that must be followed with regards to the distribution of the deceased's assets.

Estates must be administered by a personal representative, either designated in a person's will or selected by the court if there is no will. A person's estate is comprised of both real estate and personal property. Personal representatives named in a will are known as executors, and those chosen by the court are known as administrators. In either case, a personal representative has many important duties.

Stepparent adoption is joyous but still takes careful handling

On behalf of John C. Lackatos, P.C. posted in stepparent adoptions on Wednesday, July 18, 2018.

When one thinks of adoption, their thoughts may initially go to the adoption of infants and toddlers from other countries. While international adoption is one type of adoption that some Pennsylvanians may pursue, there are other types of adoption that occur closer to home. One of these is the adoption of a stepchild by a stepparent.

Stepparents in Pennsylvania who are especially close to their stepchildren may love their stepchildren very much, and may wish to formally adopt their stepchildren. Stepparents may be encouraged to hear that Pennsylvania has some of the least restrictive adoption laws in the nation. Through stepparent adoption, a stepparent can adopt a child that was born to their spouse from a previous relationship.

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