Law Offices of David H. Trathen Columbia County PA Criminal Law Lawyer | Montour County Estate Planning Attorney | Bloomsburg 2026-07-24T12:31:45Z https://www.davidtrathenlaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1405036/2026/03/cropped-Trathen-site-icon-32x32.png On Behalf of Law Offices of David H. Trathen <![CDATA[What authority should you grant in a power of attorney?]]> https://www.davidtrathenlaw.com/?p=48916 2026-07-24T12:31:45Z 2026-07-24T12:31:45Z Accounts and everyday financial transactions Financial authority covers the routine responsibilities, including withdrawals, utility payments, insurance claims and tax returns. Because these needs can come up often, this may be the clause your agent relies on most. A power of attorney generally remains effective after you lose capacity unless the document says otherwise. One document can therefore cover a short hospital stay, a longer decline or another period when you cannot manage finances on your own. Without it, your family may need to ask the orphans' court to appoint a guardian, which takes some time to resolve. Pennsylvania law also sets a timetable for the bank, which has seven business days to accept a notarized power of attorney or to request a written certification from your agent. Five more business days run once that certification arrives, and the bank may not require its own form.

Real estate and other major assets

A real estate provision can cover buying, selling, mortgaging and leasing land or a home, along with signing deeds and settlement documents at closing. Separate language might address other major holdings, such as a brokerage account or an interest in a family business. A broad financial clause may still leave questions at closing. Naming these transactions directly can reduce the chance of delay while the title company confirms what your agent signed.

Limits, oversight and revocation

You may narrow any of these powers at the outset. The document covers a single transaction, require two agents to act together or take effect only after a stated event. This last option, known as a springing power of attorney, prevents your representative from acting before the triggering event occurs, though confirming that event may cause delays when you need help quickly. Your agent must act for your benefit, generally keep your funds separate and maintain records of receipts, payments and other transactions. If questions arise about how the representative handled those responsibilities, a court might order an accounting. Financial institutions, relatives and others can also report suspected exploitation of an older adult to Pennsylvania’s protective services system. While you retain capacity, you may revoke the arrangement at any time. Others can continue relying on it, however, until they know the authority has ended, so written notice to your agent and the financial institutions holding your accounts help prevent further use.]]> On Behalf of Law Offices of David H. Trathen <![CDATA[When the medical match meets Pennsylvania custody law]]> https://www.davidtrathenlaw.com/?p=48911 2026-06-26T17:34:58Z 2026-06-26T17:34:58Z The sixty day countdown Pennsylvania law is strict about moving with children when you share custody. Under the state’s custody statutes, a relocation is any move that significantly impacts the other parent’s ability to spend time with the child. You cannot simply pack the car and head to a new residency program without following specific steps and getting either the other parent’s written consent or a court order . Before moving, you must:
  • Provide written notice to every person who has custodial rights with available information, including the new address, new school information (if known) and a proposed revised custody schedule
  • Explain why relocating with the child is in his or her best interests
  • Send this notice at least 60 days before the move (or within 10 days of learning of the move if 60 days is not possible)
  • Give the other parent time to file an objection with the court, which is generally within 30 days of receiving the notice
Failing to follow these steps can expose you to court sanctions and negatively affect custody. The courts may order you to return the child, and you could jeopardize your parenting time and rights.

Beyond professional prestige

Many young doctors think a better job or a higher salary is enough to win a relocation case. However, Pennsylvania courts focus on several factors when deciding whether to change a custody order to reflect a relocation. The courts also evaluate how the move affects the child’s emotional ties and the feasibility of maintaining a relationship with the parent staying behind. Judges look for a net benefit to the child, not just an advantage for the parent.

Building a bridge to your new career

Navigating a residency move requires a strategy that starts long before the envelopes are opened. Clear communication and a well-drafted custody plan can help you avoid costly, stressful missteps. You have worked hard for your career, and with the right approach, you can protect your relationship with your children while you pursue it.]]> On Behalf of Law Offices of David H. Trathen <![CDATA[First-time DUI in PA? Three things to know]]> https://www.davidtrathenlaw.com/?p=48907 2026-05-29T18:15:10Z 2026-05-29T18:15:10Z if no one was hurt and your record is otherwise clean, a first-time DUI in Pennsylvania can result in serious consequences. Pennsylvania uses a tiered system that looks at your blood alcohol concentration (BAC) and the specific circumstances of the stop. This can mean even a first offense results in prison time, steep fines and an ignition interlock device. Below is a practical overview of three areas people ask about most: license suspension, ARD eligibility and criminal penalties.

License suspension: what to expect

For many drivers, the immediate concern is whether they will lose driving privileges. Pennsylvania does not impose the same suspension in every first-offense case. Suspension risk depends largely on BAC tier and whether drugs were involved, along with any refusal of chemical testing under the Implied Consent Law. A test refusal can trigger a separate PennDOT suspension that may apply even if the criminal case is still pending. After a suspension, drivers may need to satisfy restoration requirements such as fees and, in some cases, an ignition interlock depending on the disposition.

ARD eligibility: a potential alternative

The Accelerated Rehabilitative Disposition (ARD) program can be an option for first time offenses. This diversionary program can help avoid a traditional conviction. ARD is not automatic. Prior DUIs, certain accident scenarios and other disqualifying factors can affect eligibility. If approved, the ARD program generally results in:
  • Probation
  • Fines and fees
  • Community service
Because ARD impacts both your record and your driving privileges, it is important to evaluate it alongside your BAC tier and your goals for employment and insurance.

Fines and costs: more than just the statutory minimum

Fines vary significantly by tier, but the total financial impact often includes more than the fine listed in the statute. Court costs, supervision fees, treatment expenses and restoration fees can add up quickly. Even on a first offense, higher BAC tiers can bring steeper fines and mandatory minimum prison time. A first-time Pennsylvania DUI can involve license consequences, ARD considerations and criminal penalties. Because the best path depends on BAC tier and facts of the case, a careful review of the charges and PennDOT implications is often the difference between a manageable outcome and long-term disruption.]]> On Behalf of Law Offices of David H. Trathen <![CDATA[What to update in your estate plan after divorce]]> https://www.davidtrathenlaw.com/?p=48872 2026-04-27T20:16:17Z 2026-04-27T20:16:17Z Why you must act now Many estate planning documents remain valid after divorce unless you change them. That means your ex could still:
  • Inherit property under an outdated will.
  • Serve as your health care proxy or power of attorney.
  • Manage trusts or assets on behalf of your children.
State laws sometimes revoke certain spousal rights automatically, but you should not rely on default rules. You need clarity and control.

Key documents to review and update

Start with the core documents that shape your estate plan. Focus on accuracy and alignment with your new goals.

Your will and trusts

Update your will to remove your ex and name new beneficiaries, executors, and guardians if you have minor children. If you created a revocable living trust, revise its terms and trustees as well.

Beneficiary designations

These often override your will, so they matter more than many people realize. Review and update:
  • Life insurance policies.
  • Retirement accounts such as 401(k)s and IRAs.
  • Payable on death bank accounts.
Failing to update these can unintentionally benefit your ex.

Powers of attorney and health directives

You named your spouse to make financial or medical decisions. Replace them with someone you trust. Choose a person who understands your wishes and can act quickly if needed.

Consider your children and long term goals

Divorce often shifts your priorities. You may want to:
  • Appoint a guardian who reflects your parenting values.
  • Set up a trust to manage assets for your children.
  • Control when and how your children receive money.
If your ex will co parent, structure your plan to reduce conflict and protect your child’s financial future.

Tax and financial implications

Your filing status, asset structure, and long term tax exposure may change after divorce. Work with an attorney and financial advisor to:
  • Reevaluate estate tax strategies.
  • Align your plan with new income or property divisions.
  • Coordinate with any divorce settlement terms.
Even small adjustments can prevent costly mistakes later.

When to revisit your plan again

Estate planning is not a one time task. After divorce, review your plan:
  • After major financial changes.
  • When your children reach adulthood.
  • If you remarry or enter a new long term relationship.
Staying proactive keeps your plan aligned with your life. Updating your estate plan after divorce is not just a legal task. It is a way to protect your wishes, your assets, and the people who matter most to you. A qualified estate planning attorney can help you move quickly and avoid gaps that could create problems down the road. If you recently finalized your divorce, now is the right time to act.]]> On Behalf of Law Offices of David H. Trathen <![CDATA[Pennsylvania intestacy: Who inherits without a will]]> https://www.davidtrathenlaw.com/?p=48845 2026-03-30T08:18:24Z 2026-03-30T08:18:24Z If you pass away without a will in Pennsylvania, state law decides who receives your property. These rules can shape both your legacy and your family’s financial outcome.

How intestate succession works

Dying without a will is called intestacy. Under Pennsylvania law (20 Pa. C.S. § 2101), an intestate estate is defined as property not effectively distributed by a will. Some assets transfer outside this process. Accounts with named beneficiaries, joint property and certain trusts pass directly to the listed person. A court appoints an administrator to manage the estate. This person handles debts, taxes and distribution. Probate often takes 12 to 18 months.

Who inherits under Pennsylvania law

Your surviving relatives determine how your estate is divided. The law follows a strict order of priority. Here is how distribution typically works:
  • Spouse only: Spouse receives the entire estate.
  • Spouse and children from the same relationship: Spouse receives the first $30,000 plus half the remainder, children split the rest.
  • Spouse and children from another relationship: Spouse receives half, children split the other half.
  • Children only: Children inherit everything equally.
  • No spouse or children: Parents, then siblings then extended relatives inherit.
If no legal heirs exist, the estate may pass to the state. These outcomes apply regardless of your personal wishes. The statute does not account for informal relationships or verbal intentions.

Why intestacy can create complications

Intestacy can lead to unintended results. The law focuses on legal relationships, not personal ones. You may expect certain individuals to inherit but the statute may exclude them. Stepchildren who are not legally adopted may not qualify. Close friends and charitable interests are also left out. Family disputes may also arise. Heirs may disagree on property division or administration decisions. This can delay the process and increase costs.

Estate administration and timelines

The administrator must follow court procedures to settle the estate. This includes filing documents, notifying heirs and distributing assets. Delays can occur if there are disputes or complex assets. Real estate and shared ownership often require additional steps. Most estates take over a year to complete.

Speak with an attorney about your options

A will allows you to decide who inherits and who manages your estate. Without one, Pennsylvania law controls those decisions. An attorney can explain how these rules may apply to your situation and help you plan accordingly.]]> On Behalf of Law Offices of David H. Trathen <![CDATA[Can you modify the terms of your custody order in Pennsylvania?]]> https://www.davidtrathenlaw.com/?p=48846 2026-02-24T09:33:44Z 2026-02-24T09:33:44Z When do Pennsylvania courts modify custody orders? Pennsylvania law allows a court to modify a custody order when the change serves the child’s safety, stability and the child’s physical, emotional and developmental needs. To ensure that the modifications you propose are beneficial for your children, the court reviews factors such as:
  • Each parent’s ability to perform parental duties
  • The need for stability and continuity
  • The parents’ willingness to cooperate
  • The availability of each parent to care for the child
  • The child’s relationships with parents, siblings and extended family
  • Any history of abuse or safety risks
Typically, parents request to change their custody orders when specific factors make fulfilling the terms of the old order difficult or impossible. Examples include if one parent repeatedly violates the existing order, if the child develops disabilities or medical conditions or if the child’s educational needs become more costly.

How can you modify the terms of your custody order?

You can request the court to modify custody by agreement or by filing a petition and receiving a judge’s signature. If both parents agree on new terms, they can submit a proposed order to the court. The judge then reviews the agreement and approves it if it serves the child’s best interests under Pennsylvania Statutes Title 23 Section 5328. However, if the parents cannot reach a mutual agreement concerning which changes to implement in a court order, the court may request them to seek mediation or a custody conference before a judge holds a hearing. If you cannot reach an agreement with your spouse, the court will hold a trial, and a judge will determine the outcome. At the trial, you must present clear and credible evidence that supports the change and shows how it benefits your child. Bear in mind that courts expect specific facts, not general complaints. The court then evaluates whether or not the changes serve your child’s best interests before reaching a conclusion.

Taking care of your child

A divorce might make it more difficult to raise a family, but with a mutually agreed-upon custody order, you can take steps to ensure that your children receive the support of both their parents. You can modify a custody order in Pennsylvania when you show that the new terms serve your child’s best interests. When you present clear evidence, follow court procedures and focus on your child’s needs. This way, you can improve your chances of modifying your orders, allowing you to take better care of your children with a feasible, more realistic schedule.]]> On Behalf of Law Offices of David H. Trathen <![CDATA[Divorce in Columbia County: What to expect at your first hearing]]> https://www.davidtrathenlaw.com/?p=48847 2026-02-20T22:56:31Z 2026-02-20T22:56:31Z Preparing for the initial conference The first meeting is usually a conference rather than a full trial. This meeting often takes place with a court-appointed master or a mediator. They want to see if both sides can agree on basic issues without a judge. You should gather all your financial documents before this date arrives. Your preparation should focus on these specific items:
  • Recent pay stubs from your employer
  • Tax returns from the last two years
  • Monthly bank statements for all accounts
  • Lists of shared debts, like credit cards
Having these papers ready shows the court that you are serious about a fair outcome. It also prevents delays that could make the process take much longer.

What happens during the hearing

During the session, the master will listen to both sides speak. They want to identify which topics are settled and which ones remain in dispute. The goal is to create a temporary order for support or custody. This order keeps things stable while the rest of the case moves forward. You should expect to discuss the following topics:
  • The current living arrangements for any children
  • Who will pay for the mortgage or utilities
  • How the couple will communicate about daily needs
The master uses these details to suggest a path forward for both parties. Their primary job is to find a solution that fits the law and local rules.

Following the court's recommendations

After the hearing, the master issues a written recommendation. You have a specific amount of time to review this document. If both sides agree, it becomes a final court order. However, you can file an exception if the result seems unfair or incorrect. Take these steps after you receive the written report:
  • Read every page carefully for errors
  • Check the math on any support calculations
  • Discuss the long-term impact with your counsel
  • Decide if you want to accept or challenge the findings
  • Mark the deadline for filing your response
Navigating your divorce is easier when you know the rules. Staying informed helps you make better choices for your family and your future.]]> On Behalf of Law Offices of David H. Trathen <![CDATA[The 6 common types of will challenges in Pennsylvania]]> https://www.davidtrathenlaw.com/?p=48132 2025-11-28T08:15:51Z 2025-11-28T08:15:51Z Imagine you’ve spent years building your estate and carefully considering how to distribute your assets. You draft your will with clear intentions, hoping to provide for your loved ones without conflict. However, after you pass away, someone might legally challenge the validity of your estate plan in court. Thus, understanding how contests work protects your legacy and helps you create a stronger estate plan for your loved ones. 

What are will contents?

A will contest occurs when someone legally challenges the validity of a will during the probate process. They may challenge the will's execution, its contents or your legal capacity when you created it. It is usually your family members, beneficiaries or potential heirs who raise these challenges at court.  Pennsylvania courts follow a no-contest rule. This rule is a special part of a will that says if a beneficiary tries to challenge the will in court, they will lose their inheritance they were supposed to receive.  However, since the rule is not strictly enforced in Pennsylvania, this means that someone can challenge your will if they have reasonable cause to do so. The court will then review their claim to determine if the challenge has merit or not. Knowing the specific grounds for will challenges allows you to take preventive measures as you draft your estate plan. 

Six common types of will contests

Building on your understanding of will contests, you need to recognize the specific reasons someone might challenge your estate plan. Pennsylvania law recognizes these six grounds that will challengers commonly use:
  • Lack of testamentary capacity: You must possess testamentary capacity when you sign your will, otherwise it will be rendered invalid. A testamentary capacity means you understand your property, beneficiaries and how your will distributes assets. 
  • Undue influence: This happens if someone pressures you into making decisions that don’t reflect your true wishes through manipulation or coercion. 
  • Improper execution: You must sign your will in front of two witnesses who also sign the paper otherwise the judge might declare your will invalid. 
  • Fraud: This occurs when someone deceives you about the will’s contents or another person forges your signature without your knowledge. 
  • Revocation: If you created a newer version of your will or legally revoke your existing one the previous will loses its validity.  
  • Duress: This happens if someone forces you to create or modify your will through threats or physical harm.
Understanding these six grounds helps you identify weaknesses in your current estate plan and take correction action. 

Drafting a strong will 

Now that you understand these challenges, you can take steps to prevent them as early as now. Working with an experienced estate planning attorney helps you draft a strong will. They can ensure that you follow all legal requirements necessary and confirm your testamentary capacity. This guarantees your carefully crafted legacy is honored according to your exact intentions.]]> On Behalf of Law Offices of David H. Trathen <![CDATA[How can you get as much marital property as possible?]]> https://www.davidtrathenlaw.com/?p=48130 2025-08-29T20:26:41Z 2025-08-29T20:26:41Z divided fairly. The law doesn’t require that those assets be divided evenly. This, of course, gives each spouse room to argue for a division plan that is advantageous to them. Going into the property division process, then, you have to be prepared with arguments that demonstrate why your proposed distribution scheme is equitable under the circumstances. But how can you do that and still get the most out of your divorce? It’s a good question, and one that you need to answer to properly formulate your divorce legal strategy. While the specific approach you take in your case will be fact-sensitive, there are some broader steps that you can take to better position yourself for the outcome that you want. Let’s look at some of them here.

Take these steps to get the most out of the property division process

There’s a lot of work to be done if you want to gain an edge in the property division process. Here are some of the actions you should take to secure your interests:
  • Conduct an inventory: You have to know which assets fall into the martial estate before you can develop a cohesive properly division strategy. That might sound simple enough, but you’d be surprised by how many assets were previously unknown to you and weren’t discovered until you started digging. So, be as thorough as possible here to make sure you’re not leaving something out.
  • Acquire valuations: If you have assets that have significant value, but you don’t know what they’re worth, then you should have an expert come in to appraise them. Only then will you know how you can address those particular assets in your legal strategy. These valuations are especially beneficial if you have artwork or heirloom jewelry.
  • Create a post-divorce budget: This document will highlight what your standard of living will look like once your divorce is finalized. If things are going to be tight, then you might have more wiggle room to argue for additional marital assets.
  • Consider sacrifices: If you sacrificed your own education and career to support your family, then you could use those facts to support a request for a larger portion of the marital estate. These arguments could also support a request for alimony, so consider the best way to strike a balance between the two so that you position yourself as strongly as possible for the next stage of your life.
  • Think about marital bad acts: If your spouse acted egregiously during your marriage and during the pendency of your divorce, such as by intentionally squandering away marital assets to prevent you from acquiring them, then you’ll be justified in requesting a larger share of the marital estate.
There are several legal issues you’ll have to address in your marriage dissolution. If you don’t develop strong legal arguments to support your position, then your spouse might take advantage, leaving you in a weak financial position as you move into the next chapter of life. You can’t let that happen, which is why now is the time to careful thinking through the strategy that you want to implement in your case. With a little forethought and careful consideration, you can craft persuasive legal arguments that give you solid legal footing for your requests. While no one outcome can be guaranteed in the legal process, this will certainly increase your chances of success.]]> On Behalf of Law Offices of David H. Trathen <![CDATA[Who decides where kids live when their parents divorce?]]> https://www.davidtrathenlaw.com/?p=48128 2025-06-04T19:33:33Z 2025-06-04T19:33:33Z The parents can decide together Cooperation and compromise can lead to better outcomes when parents separate. They can take control of the situation and negotiate terms that truly prioritize the best interests of their children. For example, if only one parent can find housing in the same school district, both parents may agree that using that address as the primary residence is the best option. Parents can create a customized breakdown of parenting time and legal authority that works well given their unique family circumstances.

Judges can settle major disputes

Custody matters can be deeply emotional for divorcing parents. Even if parents can set their emotions aside, they may disagree at a fundamental level about what is actually best for their children. In those cases, they may need to pursue a contested or litigated custody case. A family court judge can review the situation and establish a custody order that is in the best interests of the children. Factors including the stability of the parents, the relationship that the children have with each parent and even housing arrangements for each parent can influence how a judge divides parental rights and responsibilities in a contested divorce scenario. Occasionally, parents struggling to reach custody arrangements may need the support of outside legal professionals, and that’s okay. Learning more about how the courts handle contested custody cases might make it easier for parents to compromise with each other. Parents either need to agree on custody matters or prepare to take their issues to family court.]]>