Amori & Associates, LLC

It takes no great skills as an economist to know that the market for the sales of homes is in terrible shape. This downturn in real estate sales has spawned a new booming market for home rental units.  In the Monroe and Pike County regions of Eastern Pennsylvania, this trend has accelerated as foreclosures and bankruptcies continue to depress the market.  

A new breed of novice, unwilling, nonprofessional landlord has entered the arena, and these landlords are often ill-equipped for the legal challenges when dealing with tenants and the particular lease provisions that should be in all residential leases.

Similarly, a new breed of former home owners are becoming unwilling, novice tenants, often after having been homeowners for many years. These tenants are often unprepared for the new rental market and the legal challenges involved in Pennsylvania's Landlord and Tenant Act, if they even had rented in Pennsylvania at all.

The Landlord-Tenant attorneys at Amori & Associates are well-versed in these issues.  Landlords need a solid lease that complies with Pennsylvania law, particularly where it comes to security deposits, child restrictions, household size restrictions and pets.  Tenants need to understand their rights and responsibilities, particularly where they involve issues of habitability such as property maintenance, heating and hot water. 

If you are a landlord, or about to become a landlord, or if you are a tenant, or about to become a tenant, the attorneys at Amori & Associates are ready to assist you with your needs.  

Feel free to contact us at (570) 421-1406 to arrange for a no obligation consultation.

"Should I just add my kids' names to my house/car/bank accounts/investments?"  This questions also ranks at the top of questions I get asked in estate planning and will consultations.  Actually, I even get asked this question by friends, family and people with whom I have no connection but who just know I am an attorney.

What the person is really asking is should I make someone else a joint owner of my property.

Here's my short answer:  NO

Frequently people believe that adding names to deeds will more efficiently pass assets to their heirs without the need for probate.  It may well accomplish this one task. 

However, and this is a big "however," simply avoiding probate does not avoid these issues:

     1.  Potential inheritance taxes in Pennsylvania, or federal estate tax if the estate is sufficiently large, still must be paid on jointly owned property.


     2.  Joint owners now have title to these assets, which means that they unintentionally can be exposed to creditors to sell for debts and be liable for court judgments and bankruptcy court.

     3.  Creating joint ownership diminishes the estate value of the original owner and may cause a problem with state medical assistance should nursing home care be needed in the future.

     4.  Joint owners  may encounter federal income tax (capital gains tax) ramifications if the property is sold, which may be avoided if the property passes through the probate system.

These, and other considerations, illustrate why a consultation with an estate planning attorney at Amori & Associates is necessary to create a comprehensive plan for your estate and your loved ones.  

Call us today for a consultation at (570) 421-1406.

As a practitioner who has written hundreds of wills during my years in practice, this single question: "Do I need a Will?" ranks in the top ten of questions I am routinely asked.  In fact, in a 2007 Martindale-Hubbell/Harris Interactive poll, more that half of Americans died without a will.  Dying without a will is called dying intestate, and as a result the Pennsylvania Probate, Estate and Fiduciaries code prescribes where your property passes.  In other words, the state writes a will for you, and you may not like how it turns out.

Among other uses, in a will you, not the state legislature, can direct 
     1.  To whom your assets pass,
     2.  Who will be your personal representative (an executor or executrix) to carry out the instructions in the will,
     3.  At what age your children or any other beneficiary can receive your property (which can be an age over 21 if you choose),
     4.  Who will care for your children and be their guardian until they are of age, and
     5.  Who will receive special specific pieces of property that may hold sentimental attachment.

Dying without a will precludes you from making any of these choices and Pennsylvania's Probate, Estate and Fiduciaries Code makes them for you.  If you have children from multiple relationships, the legal situation becomes significantly more difficult and the outcome probably will not be what you or your family want.

For a very reasonable cost you can make these choices for you and your family in the event of your death.  The loss of a loved one is stressful enough.  Talk to one of our estate planning attorneys at Amori & Associates for a consultation today at (570) 421-1406.

Give yourself and your family this peace of mind.

Adoption is one of the areas of the law we consider to be "happy law" at Amori & Associates.  Helping to create a family, or fully formalize a family, rates as one of our favorite ways to serve our clients.  Most commonly we receive requests from step parents about adopting children from prior relationships.

Whether the request stems from a parent remarrying and wanting all children to have the same name, the inability to locate a biological parent, or perhaps the passing of a parent, the adopting parent must be informed of the consequences of their decision to adopt on the support of the children and on rights of inheritance of the children.  

A stepparent adoption is still a legal adoption that severs all rights of the biological parent.  The parental rights of the parent must be terminated for the stepparent to adopt.  Termination of parental rights is a serious step for the biological parent since it severs all legal connection between the parent and child. It may require a separate hearing and proof of the parent’s failure to pay child support or failure of the parent to make efforts to maintain a relationship with his or her child.  Hiring an experienced lawyer will ensure that you choose the proper method for terminating the biological parent’s rights.  

Once the adoption process is complete, the adopting parent and the child will have all of the legal rights and duties between a parent and a child that the law provides for natural born children, including all of the obligations of parenting, even in the event that the adoptive parents separate or divorce.  

One thing is certain -- all legal steps must be followed and the adoption must be brought before a judge to be legally effective.

For more information or to meet with an adoption attorney at Amori & Associates, LLC, please contact us by email or call us at (570) 421-1406 to schedule an appointment today.

Superbowl Sunday.  There will be big celebrations at bars, clubs and homes for the big game.  Unfortunately, some will end up having too much to drink and try to drive home.  Be assured that Superbowl Sunday brings heightened police patrols.   

Whether it is called drunk driving, driving while imbibing, driving while intoxicated (DWI) or driving under the influence (DUI), if you are stopped by the police a serious criminal process is about to start (and no, drunk driving doesn't only involve driving a car).  

Obtaining legal representation from the experienced DUI attorneys of Amori & Associates is crucial to obtain the best result for you.  A drunk driving arrest and conviction can impact your driving privileges and potentially lead to jail time.  

Speaking with an  experienced DUI defense attorney at Amori & Associates can help prepare an aggressive defense should you be arrested for drunk driving.

_Having assisted individuals with bankruptcy for fifteen years, I can make certain observations about the people who seek our help with their debts.  

First, contrary to popular misconception, our clients generally have not "run up" their credit cards deliberately.  Most of the people we help file for bankruptcy have encountered a difficult or catastrophic life situation.  The person seeking our help may have been injured or incurred uncovered medical expenses, lost employment, enduring a divorce, or suffered the loss of a spouse.  Most of our clients have similarly struggled to manage their life situations and their debt loads for years before sitting with an experienced bankruptcy attorney.  Sitting with a bankruptcy attorney is the last thing most of our clients ever expected to do. 

We meet many clients who resolve to finally handle their financial situation with the start of the New Year. The fresh start offered by bankruptcy may well be right for your situation.

For more information on the types of bankruptcy assistance available, or to set up a a no obligation consultation with one of our bankruptcy attorneys, contact Amori & Associates today.  

Scott M. Amori, Esq.