Derr, Pursel, Luschas & Naparsteck LLP

Bloomsburg, PA 17815
Tel: (570) 784-4654
Fax: (570) 784-1281
dpln@Bloomsburglaw.com


DISCLAIMER

What should I do if I am involved in a motor vehicle accident?

A motor vehicle accident is a painful, frightening and confusing experience for any person. If you or a friend or family member is involved in an accident

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How will I know what form of business entity I will need to form for my business?

There are several types of partnerships. A general partnership consists of two or more people who, unless declared otherwise, are each personally and equally liable for the company’s liabilities. A limited partnership consists of one or more general partners, each of whom have full and equal liability, and any number of limited partners, who have limited liabilities. Partnerships enable each member to share work and costs, with less total up-front expense than when forming a corporation. Partnerships are easily converted to corporations as the business becomes more successful. The corporate business structure can save money in taxes, provide greater business flexibility and make it easier to seek outside investment. When entering into a partnership or corporation of any kind, consult an our attorneys at Derr, Pursel, Luschas & Naparsteck, LLP, who are very knowledgeable in drafting partnership agreements, safeguarding personal assets against the claims of creditors and lawsuits, as well as knowing when and how to form a corporation and what form of corporation a business should become to best serve its purposes.

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I am contemplating divorce. Do I need my own lawyer or can I just get one of those no-fault divorces advertised in the newspaper?

The process of divorce is a very emotionally charged, life-altering event for any individual. Decisions need to be made, not quickly, but from a base of knowledge. It is important to understand your legal rights and obligations before you obtain a divorce. There are substantial rights you may inadvertently waive if you do not assert them before a divorce is finalized. There are services which market themselves as offering a no-fault divorce; however, these same services do not offer assistance with custody, visitation, alimony, child support, and economic and financial issues that result from the dissolution of a marriage. It is important to understand what rights you may have if you are involved in a divorce. Our attorneys at Derr, Pursel, Luschas & Naparsteck, LLP, are experienced and knowledgeable and offer a complete range of family law services, from amicable out-of-court settlements to highly litigated cases. Our attorneys are good listeners and offer concern and understanding with their legal counsel.

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Can I deed my property to my children so that my assets are protected if I have to enter a long-term care facility?

Deeding your property to another person requires careful consideration and thorough counsel. The laws in this area have changed dramatically in the past few years. By transferring an asset to a child, relative, or third party, you may inadvertently render yourself ineligible for long-term care assistance and may place your children’s personal assets at risk.

At Derr, Pursel, Luschas, and Naparsteck, LLP, our attorneys have years of experience in asset protection and Medicaid Planning. Our attorneys will sit down with you and discuss your financial situation. We will discuss your options as you plan to protect yourself and your loved ones as you contemplate the likelihood of long-term care.

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Can I settle my mother’s estate without an attorney?

While it is possible to settle an estate without legal counsel, it is not advisable: there are many potential pitfalls in administering an estate. The estate administration process requires conformance with various time-lines, notice requirements, status reports, clearance letters, and tax filings. Failing to follow these legal requirements can place the administrator and/or executor at personal risk. Our experienced attorneys carefully advise and protect you as the executor/administrator through all stages of estate administration. For over forty years, our firm has been working with families when an individual passes away. Let our experienced attorneys guide you through the estate administration process. Our attorneys are sensitive to the emotional, legal, and practical needs of our clients during this time.

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Why should I use a lease for my rental property?

Renting your property without a clear rental agreement or lease is an invitation for trouble. Costly disputes, misunderstandings, and litigation may be avoided if everyone knows what their respective obligations are from the outset. The landlord-tenant relationship is becoming increasingly complex with recent changes in the law. Our attorneys can help you protect your rights and avoid future disputes by assisting you in drafting a comprehensive lease agreement. Our firm has been handling all types of real estate disputes for over forty years. Don’t take a chance - let our experience and expertise work for you.

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Does it cost more for me to use an Attorney rather than an Abstract Company when I’m buying a house or refinancing?

No. On a home purchase or a refinance, there are no attorney fees for the title search or settlement. Title insurance premiums are highly regulated and are approved by the Pennsylvania Insurance Commission. These premiums are required by the state to be the same for Attorneys and Abstract Companies. Our firm has been handling all types of real estate transactions for over forty years. Let our experience work for you at no cost. With Derr, Pursel, Luschas & Naparsteck, LLP, you get an experienced real estate attorney reviewing your contract, protecting your interests, insuring the title, and conducting the settlement for the same cost as an abstract company.

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What is title insurance?

Owner’s title insurance protects the Buyer of a property against undiscovered liens or defects in the title prior to the time of purchase. Title insurance insures the record title and protects an owner of property from losses arising from defects occurring prior to the date of the policy. Therefore, it differs from other types of insurance because it is retrospective in nature. It also differs from other types of insurance because there is only a single premium charge for title insurance, but the protection lasts for as long as you own the property. There are different title insurance policies which protect both owners and lenders. Lender’s title insurance performs the same purpose, but only for the lender in a transaction. The fee is typically about $2.50 per $1000 for lender’s coverage and $3.50 per $1000 for owner’s coverage. Lender’s insurance is required and the well-trained and experienced attorneys of Derr, Pursel, Luschas & Naparsteck, LLP, strongly encourage every buyer to purchase owner’s insurance as well.

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Should I have a Living Trust?

Although trusts have their place in estate plans, generally, having a Living Trust is equally as beneficial as having a well planned Will and Power of Attorney. Several costs are necessary in the probate process, Probate Fees, Pennsylvania Inheritance Taxes, Federal Estate and Gift Taxes, Executors’ Fees and Attorneys’ Fees. Generally because a Living Trust is revocable, the assets in the trust are still subject to Pennsylvania Inheritance Taxes and Federal Estate and Gift Taxes to the same extent as if the assets had been simply kept in the individual’s name. Probate Fees in Pennsylvania are reduced for a Living Trust, but Probate Fees in Pennsylvania are relatively inexpensive anyway: as of November 1, 2002, in Pennsylvania, if you have a $600,000.00 Probate Estate without a Living Trust, the Probate Fee is $271.00, but if the Probate Estate is reduced to $25,000 through the use of a Living Trust, Probate Fees are only reduced to $61.00. The $210.00 savings is minimal when compared with the initial cost of a Living Trust Package, which is often in excess of $5,000.00. In a Living Trust the Executor’s Fee is avoided, but, in its place is a Trustee’s Fee. Finally, the attorney process of closing out a Living Trust after an individual’s death (paying debts, appraising property, assisting in the sale of property, preparing tax returns and making distributions to the heirs) is the same as in the probate process, hence, there is no savings on Attorneys’ Fees, because a Living Trust still requires an attorney’s assistance in these technical matters.

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What do I do if I am injured at work?

Workers’ compensation laws were enacted to reduce the need for litigation and to mitigate the requirement that injured workers prove their injuries were their employer’s “fault”. Most employees who are injured on the job have an absolute right to medical care for that injury and in many cases, monetary payments to compensate for resulting temporary or permanent disabilities. Sometimes disputes arise over the amount of compensation and even over the extent of the injury or disability suffered. Our attorneys at Derr, Pursel, Luschas & Naparsteck, LLP, are experienced and knowledgeable in the workers’ compensation process and are able to assist and advise clients who find themselves involved in these disputes, providing ongoing support in filing claims and preparing the necessary forms, collecting medical records, arranging medical examinations, appearing at required hearings and filing appeals.

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