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Author Archives: Edwin W. Russell

Author Archives: Edwin W. Russell

What Happens When a Falsified Will Is Admitted to Probate Court in Pennsylvania?

Falsified wills pose serious problems. When a will that has been forged or superseded by another legal document is submitted to the court, assets might be distributed to the wrong people. Thought courts have extensive experience reviewing testamentary documents and often can detect whether a will is falsified, these disputes do still occur. For example, […]

What Can Be Done If You Suspect an Executor Is Stealing From Your Parents’ Estate?

An executor of an estate is usually named at the time a will is created. The executor can be anybody that the testator chooses to carry out the instructions they’ve left to regarding distribution of their property. Given the importance of this role, the person chosen to serve as executor is usually somebody who already […]

Family Dispute Involving Phillies Co-Owner Shows How Changing an Estate Plan Can Become a Tough Issue

A living trust in Pennsylvania can be revised at any time while the person who created the trust is still alive. Once a testator passes away, however, the living trust then becomes irrevocable. Changes can then be made only if all of the beneficiaries consent to the revisions and submit them for court approval. This […]

Pennsylvania Bakery Wins Trademark Lawsuit over Indiana Company with Similar Name

Starting a business is exciting, but also involves worry and the possibility of legal issues. One important matter to consider when starting a new business in Pennsylvania is the name for your company. For one thing, the name must not infringe on that of a pre-existing business. A new company in Indiana found this out […]

Can You File a Lawsuit Against an Employee for Starting a Competing Business in Pennsylvania?

Pennsylvania does not have a specific statute regarding “customer poaching,” but there are ways you can protect your business from an employee who uses protected information to establish a competing business. In Erie County, a local barn-door hardware company filed a five-count complaint against its former office manager. The hardware company alleged that the ex-employee […]

IRS Issues Proposed Regulation on a New 20 Percent Deduction for Pass Through Businesses

The Internal Revenue Service (IRS) issued a proposed regulation on August 8, 2018 for a new provision know as Internal Revenue Code (IRC) Section 199A. Section 199A of the IRC allows many owners of sole proprietorships, partnerships, trusts and S corporations to deduct twenty-percent of their qualified business income. Please contact us to discuss how […]

Can You File a Lawsuit in Pennsylvania for a Breach of Contract If You Feel You Have Been Defrauded?

When a vendor or service provider fails to deliver goods or services that were paid for and expected, it can be considered a breach of contract. Generally, a breach is not considered to have occurred if there is a legally sound explanation for non-delivery and a refund or favorable remedy was provided. However, matters are […]

What Could Happen If My Small Business Does Not Have a Succession Plan?

Family businesses meant to last forever are best served by having plans in place outlining how the current ownership hopes things will be run in the future. When succession planning and other contingencies are mapped out ahead of time, a family-owned small business can be more easily transitioned when the current ownership retires. In Pennsylvania, […]

2017 Tax Act Limits 1031 Exchanges

IRC Section 1031 provides an exception and allows you to postpone paying tax on the gain if you reinvest the proceeds in similar property as part of a qualifying like-kind exchange.  Gain deferred in a like-kind exchange under IRC Section 1031 is tax-deferred, but it is not tax-free. Prior to enactment of the 2017 Tax […]

Can Pennsylvania Stepparents Ever Be Required to Pay Child Support?

Pennsylvania courts favor child custody and support arrangements that are reached without judicial intervention, but things don’t always turn out that way. The process of determining custody and child support terms can develop into a prolonged legal dispute, made even more complex if stepchildren are involved. For example, the case of Shiloh v. Shiloh (2015) […]

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