Author Archives: princelaw

Prince Law Offices, P.C. is Looking for Two Experienced Attorneys

Prince Law Offices, P.C. (PLO) is currently accepting resumes from attorneys, who are experienced in family and criminal law, as well as, other general state and federal civil practice. Due to our ever-increasing client base, we are looking to hire in the next several weeks.

If you are interested in potentially working for PLO, please send your resume/curriculum vitae to our Office Manager, Linda Martin, at lmartin@princelaw.com. Please feel free to call to confirm her receipt of your resume – 888-313-0416 ext 81125. Thanks!

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Attorney Joshua Prince Elected as the Next President of the Pottstown Area Police Athletic League

It is with great pride and excitement that we announce that Attorney Joshua Prince of Prince Law Offices, P.C., and Chief Counsel of the Firearms Industry Consulting Group, a division of Prince Law Offices, P.C., has been elected as the 2014 President of the Pottstown Area Police Athletic League (PAL).

Joshua joined the Board in 2009, following in his father’s footsteps, as Warren Prince was one of the Founding Members of the Pottstown Area PAL and former President. He was quickly elected as Secretary for the Board and has served as Secretary since, until his nomination as President.

Please join us in congratulating Joshua in this new endeavor!

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Prince Law Offices, P.C. Machine Gun Shoot – October 22, 2011!

Prince Law Offices, P.C. will be hosting a machine gun shoot at Eastern Lancaster County Rod and Gun Club, which is located at 966 Smyrna Road, Kinzers, PA 17535 on October 22, 2011 starting at 11am. Everyone is welcome to attend. The only requirement is that you bring a driver’s license and hearing and eye protection. All attendees will be required to sign a waiver.

There will be several dealers and manufacturers in attendance and which will have some unique firearms that you might not otherwise have an opportunity to shoot. One dealer will be bringing his KRISS .45 SMG, a Glock 18c, and some other fun toys. While you are welcome to bring your own firearms and ammunition, it will be up to the owner of the firearm as to whether he/she will permit you to use your ammunition in his/her firearm. The FFLs will be bringing ammunition for purchase, if you need additional or if they require certain types of ammunition to be used in their weapon systems.

While this event is free to all attendees, I am asking that you consider giving a donation to the Eastern Lancaster County Rod and Gun Club for their generous permission to use their range. If you have any questions, please feel free to contact me.

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Life Insurance and Estate Planning

Life insurance can be an effective tool in planning an estate. One benefit to having life insurance is that the money from a policy can be used by your survivors to help pay for bills at the time of death, such as funeral costs and taxes.

I think one of the most important considerations in end of life planning is…what will my spouse live on after I’m gone? In today’s world of dual incomes and living on credit, the death of a spouse can be a huge shock to the financial system of a household. If the spouse who is primarily responsible for paying the mortgage and bills dies, how will the surviving spouse continue to live in the marital home? Life insurance can either eliminate those concerns, or help smooth out the transition. If the family’s assets have been used up in medical care bills due to a prolonged illness or nursing home needs, a life insurance policy can help restore the family’s funds.

If done properly, life insurance can also keep assets out of a probate estate, thus limiting the amount of estate tax. As you can see, life insurance can have many beneficial uses, and should not be overlooked when planning.

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Can a divorced spouse collect survivor’s benefits from Social Security?

It is possible for an ex-spouse to collect survivor’s benefits. However, there are a few requirements…

A deceased worker’s former spouse who is age 60 or older can get benefits if the marriage lasted at least 10 years. If the former spouse is disabled, the age requirement drops down to 50. Please remember that the marriage must last at least 10 years.

If the former spouse is caring for their child, aged younger than 16 and who is disabled, they do not have to meet the age or “length of marriage” rules. The benefits that will be available will be based on the deceased parent’s work. The term child, for Social Security Administration’s purposes, will include both natural and a legally adopted child.

These benefits should be easily available by contacting the Social Security Administration directly. If you have been denied Survivor’s benefits, feel free to contact us for help!

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What is a Guardianship?

Guardianship is a legal process whereby an incapacitated person’s control over their person or property, or both person and property, will be appointed to another. Guardians are typically qualified individuals, corporate fiduciaries, nonprofit corporations, guardianship support agency or county agency.

In order for a guardianship to be granted, a determination of incapacity must be made. The petitioner for guardianship must prove incapacity which has impaired the individual’s ability to manage his or her financial resources or his or her physical well-being, and that there is a need for guardianship services.

By PA statute, an incapacitated individual is an adult whose ability to receive and evaluate information effectively and communicate decisions in any way is impaired to such a significant extent that he is partially or totally unable to manage his financial resources or to meet essential requirements for his physical health and safety.

In PA, the two types of guardianship available are plenary and limited. The plenary guardianship is a guardianship over both person and property. A plenary guardianship is only appointed when a totally incapacitated person is no longer capable of making a contract, gift, or other instrument in writing.

The limited guardianship seeks to give the incapacitated individual the ability to retain control over the areas of their person or property that they are able to control. For example, in a limited guardianship, a person may be found to be able to make decisions about where to live or whom to marry, but is unable to manage their financial matters. The incapacitated individual will retain the right to determine where to live and whether or not to marry, but financial matters will be handled by the limited guardianship fiduciary. Under current PA law, the limited guardianship is the preferred guardianship.

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Can Social Security reduce my SSI benefit if I live with others?

Supplemental Security Income (SSI) benefits are paid to individuals who have limited income and resources. One of the factors Social Security Administration will consider when determining benefits is the individual’s “living arrangement”.

Social Security will look to see who else is in the household, and what the recipient and others pay towards the household expenses. The SSIrecipient’s living arrangement can affect the SSI payment amount. For example, SSI bebfits may be reduced by up to one-third if the recipient receives food or shelter that is paid for by another person.

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Can my adult child get Social Security Disability benefits?

Yes. The term “adult child” is an individual who is unmarried and age 18 or older whose disability began before they reached age 22. Even though the benefits are paid to an adult, they are considered child’s benefits because the benefits are paid on a parent’s Social Security record.

The adult child’s disability is determined the same way every other adult’s disability is determined. If Social Security determines that the adult child is disabled, they will be entitled to benefits. If you receive a negative determination, please contact us for help.

If the adult child already receives SSI benefits, they may be entitled to a higher level of benefits based on their parent’s earnings record. If the adult child’s parent never worked, child’s benefits are not payable.

If the adult child is working, they may still be eligible for benefits under their parent’s earning record, but they will be subject to a determination of whether or not they are performing substantial work. In 2009, an substantial work meant that an adult child could not earn more than $980 per month. For 2010, earnings must be under $1,000. If earnings are above the substantial level for a given year, they may be disqualified from some or all Disability benefits.

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Income tax on Social Security benefits?

Since tax season is creeping up on us, some may be wondering whether or not you have to pay tax on your Social Security benefits. The simple answer is maybe.

If you file a federal tax return as an individual and your total income is more than $25,000, you will have to pay taxes on your Social Security benefits. If you file a joint return, you will have to pay taxes if you and your spouse have a total income that is more than $32,000.

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How long can your Social Security Disability benefits last?

There is no time limit on Social Security Disability benefits. Disability benefits will continue as long as you remain disabled. Social Security Administration will periodically review your case to make sure you continue to qualify for benefits. The periodic review will consist of a review of your medical records.

Additionally, if you are still collecting Social Security Disability benefits when you reach retirement age, your benefit amount will not change. The only thing that changes is the category of the benefit. Your disability benefits after retirement age will automatically convert to retirement benefits.

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