The Top Ten List

by Michele McPeak Cromer

Happy summer everyone! It seems that everyone seems to get a little lazier in the summertime and I am no exception. The creative juices are flowing a little more slowly. So, why not recap on some of my more enlightening columns of the past few years. So sit back in the sun and relax. If bored by the recap, feel free to doze.

10.        A Beginner’s Guide to Social Security Disability. Although somewhat boring, the issue is an important one. If you and your physician believe that you are disabled and cannot engage in any type of employment, contact your attorney or your local social security office to file an initial application. Be thorough in your paperwork and be prepared for a potentially long wait.

9.         New Year’s Resolutions (2004). Update your Wills. Make sure you have an executed Power of Attorney and Living Will. Check your car insurance, your life insurance and if you own a business, are your corporate minutes up to date?

8.         A Landlord’s Nightmare. As a landlord, make sure you have a valid lease in writing and know the terms of the lease. If a tenant needs to be evicted, make sure the Notice to Quit gives a detailed explanation of the breaches of the lease and why the tenancy is being terminated. Serve the Notice properly and get an attorney involved if necessary.

7.         Cashing In On a Victory…It May Not Be As Easy As It Sounds. An unfortunate news flash for those of you with paper judgments. No matter how “great” your case is, make sure there is a way to get paid at the end. Is there insurance available? Are there assets to execute upon? If not, you may be wasting your time.

6.         How Should I Be Charged? Know the fee arrangement with your attorney up front. Only certain cases are charged on a contingency basis or percentage basis, while many are done on an hourly basis. Average hourly rates are anywhere from $200.00 and up.

5.         “How Is It Titled?” And Other Fun Questions. Although not much of a racey topic, I wish I could distribute copies of this column to all of my clients. This column is a necessity; sole ownership vs. joint tenancy vs. “In trust for” accounts.

4.         The Power Of The POA...More Than You Know. Everyone knows you need a Power of Attorney to name an agent to act for you if you are unable to manage your own affairs. The cost of the POA is nominal and having one can prevent your family from having to have a guardian appointed for you in the event that you become incapacitated. The guardianship is much more pricey than the POA.

3.         Minimizing The Dreaded Inheritance Tax. Every year or so I do a column on the Pennsylvania Inheritance Tax and receive a great many calls. While everyone knows that taxes are a bad thing, PA inheritance tax is not a horrific premise. The tax rate for children and grandchildren are 4.5% of the net estate, 12% for siblings and 15% for everyone else. There are many deductions that can be taken and a discount period at which to pay the tax.

2.         Have You Hugged Your Lawyer Today? While I did not receive many substantive calls from this column, I received many chuckles from friends and fellow lawyers. My recommendations in this column were not to take the situation at hand out on your lawyer...be honest with your lawyer...and listen to the proposed fee agreement. If your attorney is unavailable, ask to speak with her secretary or paralegal, but don’t be angry or abusive if they cannot help you. You should respect your attorney and maybe even like her!