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The Duties of an Executor in Pennsylvania
Taking a Will through the Probate Process
In Pennsylvania, as in all states, when you use a will to create an estate plan, the will names a person to act as executor (sometimes referred to as “administrator” or “personal representative.” In essence, the executor is tasked with making certain your will makes its way through the probate court, so that your estate is settled. That duty involves a number of responsibilities
The Executor Must Be Granted Legal Authority
Simply naming a person as your executor in your will is generally not sufficient to give them the legal authority to handle your estate. The executor must first submit the will to the Register of Wills, which must be done in the county where the deceased lived. Once the will has been properly filed, the Register of Wills will issue what are known as “letters testamentary,” giving the executor the power to act as representative of the estate.
The Executor Must Compile an Inventory or Accounting of All Assets of the Estate
After appointment, the executor has nine months to file an inventory of estate assets with the Register of Wills. The inventory includes all real, personal and financial assets. If there is property of uncertain value, the executor must have it appraised or find experts who can determine its value.
The Executor Must Notify All Potential Beneficiaries
Anyone specifically named in a will, or who potentially meets the qualifications to receive a bequest under the will (for example, a child of the deceased if the will leaves certain property “to my children, to be divided equally”). Typically, specific bequests are made first, based on the available assets in the estate. Bequests of a percentage or share of an estate are typically calculated after debts have been paid and specific bequests have been made.
The Executor Must Pay All Final Debts and File All Tax Returns
The estate assets will typically be used to pay final medical bills, funeral expenses, estate administration fees and reasonable debts. A state inheritance and a federal estate tax return must also be filed.
The Executor Must Distribute Assets According to the Terms of the Will
As the final step in the probate process, the executor will prepare an accounting of remaining estate assets, as well as a schedule for the distribution of the remaining estate property. Those documents are filed with the Register of Wills. Once the beneficiaries agree with the planned distribution, the assets will be conveyed as set forth. If there’s any disagreement, an audit of the estate will typically be ordered.
Contact Our Office
At Barnard, Mezzanotte, Pinnie & Seelaus, we offer experienced and knowledgeable legal counsel to individuals in Pennsylvania. To set up an appointment for a free initial consultation, call us at 610-565-4055 or contact us online.
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Protecting Yourself When Purchasing a Home in Pennsylvania
Taking the Right Steps to Safeguard Your Investment
For most individuals, the purchase of a home is the single largest transaction of their lives. Regardless of the size of the home, it’s a substantial investment and you want to take the right steps to ensure that there are no surprises.
Step #1: Hire an experienced attorney—With any real estate purchase, there will be many documents, often in complex legal language—buy-sell agreements, disclosures, mortgage, note, title commitments, easements and restrictive covenants. Your interests will be best served by having those documents carefully reviewed by a qualified lawyer, who can identify and remedy any irregularities or errors.
Step #2: Make certain the seller complies with all disclosure requirements—In Pennsylvania, a seller must inform you about the condition of the property, disclosing any “material defects,” and notifying you of :
- The condition of all contents, such as appliances, that will be included in the sale
- Any deed restrictions or homeowner’s association rules or fees
- Any problems with plumbing, electrical, heating and cooling or other property systems
- Whether the house has required smoke detectors and whether they work
Step #3: Get the house inspected—Don’t rely on the representations of the seller. Have a professional inspector examine the house, looking for:
- Evidence of mold
- Pest infestation, such as termites
- Structural integrity of walls, floors, roof and foundation
- Problems with furnace or air conditioner, plumbing, drainage and electrical systems
- Concerns about soil settlement or erosion
Step #4: Make certain you have a purchase agreement that you understand—It’s a good idea to walk through the buy-sell agreement with your attorney, so that you know it sets forth the terms as you want them to be. Don’t be afraid to ask questions or have your lawyer explain things that are unclear.
Contact Barnard, Mezzanotte, Pinnie & Seelaus
At Barnard, Mezzanotte, Pinnie & Seelaus, we have protected the rights of individuals throughout Delaware County since 1980, including individuals with wrongful death claims. We offer a free initial consultation. To schedule an appointment, call us at 610-565-4055 or contact us online.
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Third Party Liability in Motor Vehicle Accident Claims
Recovering Compensation from Someone Other than the At-Fault Motorist
When you have been injured in a car accident or other motor vehicle crash, the first place you typically look is to the driver whose act ions caused the collision. Sometimes, though, the at-fault driver may not have the required insurance or other resources to adequately compensate you for all your losses. Though it may seem surprising, you are not limited to filing suit against the other driver—you may successfully recover compensation from other third parties, provided you can prove the elements of negligence
What You Must Show to Prove Negligence
To meet the legal test for negligence, you must demonstrate to a judge and jury that:
- The defendant did not act as a reasonable person would under the circumstances—All persons in society are held to a certain "standard" or "duty" of care, typically described as that of an "ordinarily prudent" person. To recover any damages, you must first show that the defendant’s actions failed to rise to that level.
- The "breach" of the duty of care caused the accident—You must show that the accident would not have occurred, but for the failure of the defendant to act as a reasonable person. In addition, you must show that the injury sustained and the losses suffered were "reasonably foreseeable" as a consequence of the failure to act reasonably.
- You suffered actual loss because of the accident—If all your injuries were covered by insurance, or if the property damaged had little or no value, you will not be able to recover compensation
Types of Third Party Liability for Motor Vehicle Accidents
Third party liability for a motor vehicle accident may be found in a number of situations:
- Where the accident is caused by an impaired driver—The person or entity providing the alcohol or other substances may have acted negligently
- Where the accident is caused by a person during the course of his or her employment—An employer may be liable for the carelessness of an employee under certain circumstances
- Where the accident is caused by someone who is borrowing a vehicle—The vehicle owner might be potentially responsible. Typically, though, there will only be liability if the owner knew or should reasonably have known of the risk posed by the borrower.
- Where the accident stems from a roadway defect
- Where the accident is caused by a dangerous or defective product
Contact Our Office
At Barnard, Mezzanotte, Pinnie & Seelaus, we offer experienced and knowledgeable legal counsel to individuals in Pennsylvania. To set up an appointment for a free initial consultation, call us at 610-565-4055 or contact us online.
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What Happens If You Are Hurt on Someone Else’s Property?
Premises Liability in Pennsylvania
In Pennsylvania, as in all states, the owner of residential or commercial property has a legal obligation to monitor and maintain the premises so as to minimize the risk of injury to anyone legally on the property. It’s important to understand that the duty is not absolute—it does not require that the owner prevent all injuries on the property. The owner must take reasonable steps to monitor conditions on the property, and may respond in a number of ways:
- The dangerous condition may be remedied
- The owner may prevent access to the part of the property that poses the danger
- The owner may post reasonable warnings advising visitors of the potential danger
Liability, though, is not limited to the owner. It can extend to anyone who exercises control over the premises, including a property manager or tenant.
The duty owed by the owner (or person in control) is different, based on the status of the visitor to the property:
- Trespassers—A trespasser is a person who enters the property without permission or legal right. An owner generally has no duty to a trespasser, except in limited situations involving children and what are referred to as "attractive nuisances."
- Invitees—An invitee is anyone who comes on property primarily or exclusively for the benefit of the property owner, typically for business or social reasons. In Pennsylvania, the property owner owes the highest duty to an invitee—all known and unknown dangers must be corrected.
- Licensees—A licensee is someone who is invited on property for reasons that don’t necessarily benefit the owner. It can also include individuals who enter under authority of law, such as police officers, first responders and firefighters. For a licensee, a property owner must address only known dangers.
Contact Barnard, Mezzanotte, Pinnie & Seelaus
At Barnard, Mezzanotte, Pinnie & Seelaus, we have protected the rights of individuals throughout Delaware County since 1980, including individuals with wrongful death claims. We offer a free initial consultation. To schedule an appointment, call us at 610-565-4055 or contact us online.
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Your Options When an At-Fault Driver Is Uninsured or Underinsured
Looking at Other Ways of Recovering Damages for Your Losses
After a motor vehicle accident, it’s typical to gather insurance information from all parties, including the at-fault party. Pennsylvania has different laws governing auto insurance, giving auto owners the option to choose between “no-fault” at “at-fault” types of coverage. If you opt for no-fault coverage, you will always collect compensation from your own insurance company, regardless of who is at fault. However, if you choose “fault” coverage, the person at fault will be responsible for your lost wages, medical bills and other damages.
As a practical matter, when you are looking to the other party to cover your losses, you will recover compensation from that person’s motor vehicle insurance provider. But what happens if that person either had no insurance or only had insurance that covered property damage? Are you without recourse? Not necessarily.
Uninsured/Underinsured Motorist Coverage from Your Own Insurer
You have the option, when purchasing insurance in Pennsylvania, to add a rider to your policy that provides coverage in the event you suffer losses because of the fault of an uninsured or underinsured driver—it’s referred to as UM/UIM coverage. It is not mandatory, though!
If you have been hurt in a motor vehicle accident and you learn that the at-fault driver had no insurance or had minimal insurance, you’ll want to check your policy to see if you have a UM/UIM provision. Don’t expect your insurance agent to volunteer the information—your insurer is a for-profit business and makes more money by paying as little as possible to settle your claim. Instead, it’s in your best interests to have an experience lawyer review your policy.
Other Possible Options
Depending on the factual circumstances, you may have other avenues to pursue for compensation. If there were multiple parties at fault, you can take legal action against all of them. If one of the defendants is deemed to be more than 60% responsible for your injuries, you can recover all of your losses from that party and that party will need to seek reimbursement from other at-fault parties.
If the at-fault party was under the influence of alcohol at the time of the accident, you may be able to pursue damages against the person or establishment who sold the alcohol to the defendant under dram shop and social host liability laws.
If the accident was caused by defects in the roadway—potholes, loose gravel, poorly designed curves, etc.—you may be able to sue the municipality responsible for maintaining the roads.
If the accident was caused by the malfunction or breakdown of a vehicle component, you may have a product liability claim against the designer, manufacturer, distributor or retailer.
Contact Our Office
At Barnard, Mezzanotte, Pinnie & Seelaus, we offer experienced and knowledgeable legal counsel to individuals in Pennsylvania. To set up an appointment for a free initial consultation, call us at 610-565-4055 or contact us online.
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The Damages Available in a Wrongful Death Action
What Can You Expect to Recover after the Accidental Death of a Loved One?
In the aftermath of the accidental or wrongful death of a loved one, you have only one initial focus—your grief at their loss. While no amount of money can ever bring them back, it’s likely that you’ll have real, economic losses because of their death. Maybe the person who died was the primary source of income for your family. Maybe there were significant unreimbursed medical expenses incurred because of the accident, but before their death.
At some point, you may need to take legal action to hold the wrongdoer accountable. When you do, what types of compensation can you expect?
In Pennsylvania, a wrongful death claim is viewed essentially as a personal injury claim where the injured party has died. Accordingly, a wrongful death claim in Pennsylvania is not brought by family members, but on behalf of the estate of the deceased. However, if the personal representative does not file a wrongful death action within six months of the date of death, any legal beneficiary of the decedent may file a claim on behalf of all beneficiaries.
The Damages Available in an Accidental Death Claim in Pennsylvania
The estate or the beneficiaries may seek compensation for a broad range of losses:
- Lost wages or income, including benefits, the deceased would have received for the rest of his or her working life
- The lost services the decedent would have provided the household, including housekeeping, cooking, childcare, maintenance, yard and lawn
- Any unpaid medical expenses incurred by the deceased
- Funeral and burial costs
- Estate administration expenses
- Compensation for any pain and suffering incurred as a result of the accident, but before death
Contact Barnard, Mezzanotte, Pinnie & Seelaus
At Barnard, Mezzanotte, Pinnie & Seelaus, we have protected the rights of individuals throughout Delaware County since 1980, including individuals with wrongful death claims. We offer a free initial consultation. To schedule an appointment, call us at 610-565-4055 or contact us online.
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Third Party Claims after a Work-Related Injury
Seeking Financial Recovery Outside the Workers’ Compensation System
After a workplace injury, one of your first steps is typically to file a workers’ compensation claim with your employer. There are benefits to seeking benefits under the workers’ compensation laws. If your claim is approved, you will likely start to receive benefits in a couple weeks. In addition, workers’ compensation claims are basically no-fault actions. You don’t have to show negligence by your employer—you only have to show that you were injured and that the injury occurred while you were working.
There are also some disadvantages to a workers’ compensation claim. The amount of benefits you receive will be limited, based on your salary or wages for the past year. In addition, you may be required to submit to treatment by a doctor chosen by your employer or the workers’ compensation insurance company.
When you file a workers’ compensation claim, don’t be surprised if your employer tells you it’s your “exclusive remedy,” and that you can’t pursue compensation in any other type of proceeding. That’s not necessarily true, though. In fact, you may be able to file a workers’ compensation claim and a private lawsuit simultaneously—here’s how it works.
The workers’ compensation laws are intended to provide an alternate means of recovery for injuries caused by the carelessness or negligence of your employer or a co-employee. If an unrelated third party causes or contributes to your injuries, you can bring legal action against that third party in a civil action in court. Examples include:
- Injuries suffered in a work-related motor vehicle accident, where the at-fault driver is neither your employer nor a co-worker
- Injuries caused by dangerous or defective products manufactured by a third party
Contact Our Office
At Barnard, Mezzanotte, Pinnie & Seelaus, we offer experienced and knowledgeable legal counsel to individuals in Pennsylvania. To set up an appointment for a free initial consultation, call us at 610-565-4055 or contact us online.
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What If You Were Partially at Fault for Your Injuries?
How Does Pennsylvania Law Address Contributory Negligence?
When you’ve been hurt in an accident caused by the carelessness of other persons, one of the keys to determining liability and recovering damages for your losses is establishing fault. Typically, when more than one person or entity is at fault, the jury must allocate responsibility. The total amount of damages (losses suffered in the accident) are then divided among the parties based on extent of liability.
But what happens if you contributed in some way to causing the accident? How will that affect your ability to collect compensation for your injuries?
Under the law as it had developed over centuries, the legal principle of “contributory negligence” was applied whenever an injured party contributed in any way to causing his or her own injuries. Under that legal doctrine, if the injured party engaged in any negligence or carelessness that contributed to his or her injury, there could be no recovery.
Because of this legal principle, defense attorneys would look for even the most minimal carelessness by an injured party and ask the court to dismiss the personal injury lawsuit. Because of increased concerns that the doctrine of contributory negligence led to unfair results—a grossly negligent defendant could avoid liability even if the injured party was only minimally or nominally negligent—the contributory negligence principle has been replaced in all states, including Pennsylvania, with a new legal rule, known as comparative negligence.
With comparative negligence, the court makes a determination of the total amount of losses, then makes an allocation of blame or liability. The total amount of the losses is then reduced by the percentage by which the injured party is to blame. For example, if a person suffers $100,000 in losses, but is deemed to be 25% responsible, he or she would only recover $75,000.
As comparative negligence has evolved, it has taken two distinct forms—pure comparative negligence and modified comparative negligence. In a pure comparative negligence state, an injured party will always receive something, unless he or she is ruled to be 100% responsible. In a modified comparative negligence state, an injured party will typically only receive compensation if his or her negligence fell below the statutory minimum (typically 50%). Pennsylvania is a modified comparative negligence state.
Contact Barnard, Mezzanotte, Pinnie & Seelaus
At Barnard, Mezzanotte, Pinnie & Seelaus, we have protected the rights of individuals throughout Delaware County since 1980, including individuals with wrongful death claims. We offer a free initial consultation. To schedule an appointment, call us at 610-565-4055 or contact us online.
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Defenses to the Enforcement of a Contract
What Arguments Can You Make to Legally Challenge a Contract?
In an earlier blog, we looked at the elements that must be present to create a valid and enforceable contract—agreement, consideration, legal subject matter, contractual capacity and volition. Obviously, if you can show that one of those requirements is missing, you can challenge the validity of the contract.
There are, however, other defenses that you can raise to challenge the enforcement of a contract:
- The statute of frauds — Every state, including Pennsylvania, has a written law known as the “statute of frauds,” which identifies those types of contracts which must be in writing. Accordingly, oral agreements may be enforceable, provided they don’t fall under the types of contracts enumerated in the statute of frauds. For example, in Pennsylvania, contracts involving an interest in real property must be in writing.
- Mistake of fact — Suppose you agree to buy a historical artifact and it turns out not to be genuine. If the mistake is unilateral—made by only one party—the doctrine of caveat emptor (let the buyer beware) typically prevents the contract from being voided. However, if the mistake is mutual, and the mistake is about a “material” fact (one that’s essential to the nature of the contract), the agreement may be voided.
- Impossibility of performance — If some unrelated and unforeseen circumstance makes it unreasonable or impossible for one of the parties to perform under the terms of the agreement, the courts will typically allow the contract to be invalidated without penalty. For example, if you enter into a contract to buy a used car and it is totaled before you pay for and take possession of it, the agreement may be voided and the seller won’t be in breach of contract.
- Unconscionability — Though our legal system encourages “freedom of contract,” allowing parties to enter into agreements that may not be in their best interests, the courts still want to know that all transactions are “arms-length,” and that one party does not have grossly disproportionate bargaining power over the other.
Contact Our Office
At Barnard, Mezzanotte, Pinnie & Seelaus, we offer experienced and knowledgeable legal counsel to individuals in Pennsylvania. To set up an appointment for a free initial consultation, call us at 610-565-4055 or contact us online.
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