Law Offices of David H. TrathenColumbia County PA Criminal Law Lawyer | Montour County Estate Planning Attorney | Bloomsburg2026-09-24T14:43:51Zhttps://www.davidtrathenlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1405036/2026/03/cropped-Trathen-site-icon-32x32.pngOn Behalf of Law Offices of David H. Trathen<![CDATA[What happens to retirement accounts in a Pennsylvania divorce?]]>https://www.davidtrathenlaw.com/?p=489362026-09-24T14:43:51Z2026-09-24T14:43:51ZWhich retirement savings can be divided?
The marital portion of a 401(k), pension or other retirement benefit may be divided in divorce. Benefits earned before marriage are generally nonmarital. Pennsylvania may also treat the increase in value of certain separate property, such as property owned before marriage, as marital property.
For a defined benefit pension, Pennsylvania uses a formula called a coverture fraction to find the marital portion. The formula compares the time you earned the pension during the marriage with the total time you earned the benefit.
How are different retirement accounts divided?
The process depends on the type of account. Dividing retirement savings may involve:
Identifying the portion earned during the marriage
A QDRO allows certain employer retirement plans to pay a share of benefits directly to a former spouse. A payment to a former spouse under a QDRO is generally not subject to the 10% early-withdrawal tax. If the funds are later rolled into an IRA, an early IRA withdrawal may be subject to the 10% tax unless another exception applies. Regular income tax may still apply unless you roll over an eligible payment.
What can affect the amount you receive?
Pennsylvania courts may consider federal, state and local taxes when dividing marital property. Taxes, transfer costs and the type of plan can affect what an asset is actually worth to you.
Protecting your retirement interests during divorce
The balance on a retirement statement does not necessarily show how much is subject to division. When you earned the benefits, the type of account, its tax treatment and the documents required to divide it can all affect the outcome.
Understanding these details can help you see how retirement savings fit into your property division. Legal guidance can help identify the marital share and whether you need a QDRO or another way to transfer the funds before your divorce is final.]]>On Behalf of Law Offices of David H. Trathen<![CDATA[How can you relocate with your kids after a PA divorce?]]>https://www.davidtrathenlaw.com/?p=489182026-08-24T13:38:35Z2026-08-24T13:35:02ZFor many parents, relocating after a divorce is not optional. Perhaps you need to explore new career opportunities, pursue better housing or get a fresh start. However, relocating with your children after a divorce in Pennsylvania isn't as simple as packing boxes and updating your address.
State law imposes strict requirements on parents who wish to move. Your relocation can significantly impact custody arrangement and parenting schedules, so it is not just a personal decision.
Pennsylvania relocation law
In Pennsylvania, any parent with primary physical custody requires compliance with statutory relocation procedures under specific circumstances. You will need to follow legal guidelines if the the move significantly impairs your co-parent's ability to exercise their custodial rights. Even a move across town can count as a “relocation” if it disrupts the existing schedule.There are certain legal requirements that you must comply with before moving with your children. 23 Pa.C.S. § 5337 requires you to provide notice and receive consent and approval before a relocation can happen.
Formal notice
The most critical step in the relocation process is to provide formal notice. Pennsylvania law requires you to notify every other individual who has custodial rights to the child. It must contain specific information, such as the new address, new school district, the proposed date of the move and reason for your move.You must send your notice in advance. In general, Pennsylvania law requires you to send the notice at least 60 days before the move. If you did not know within that time (and could not have reasonably known),you must notify the other parent within 10 days of learning the information.
Consent and objections
Along with the notice, you must provide the non-relocating parent with a “counter-affidavit” form. Your co-parent has 30 days to object to either the move itself or the proposed changes to the custody schedule.If they do, the relocation cannot happen unless the court approves it. At that point, the case becomes a dispute. The judge will decide based on the child’s best interests, considering Pennsylvania’s custody factors and relocation-specific factors.
Getting approvals
Relocation relies on specific facts and circumstances. A court focuses on the child's needs when deciding whether to approve your move. Courts generally respond better to a parent who presents a detailed, child-centered plan rather than a vague intention to move.The "best interests of the child" standard is subjective. Therefore, it is vital to document how the move provides a better environment, education or support system for your child. Consider seeking an experienced family law representative to protect your right to exercise custody decisions for your child.]]>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=489162026-07-24T12:31:45Z2026-07-24T12:31:45ZAccounts 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=489112026-06-26T17:34:58Z2026-06-26T17:34:58ZThe 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=489072026-05-29T18:15:10Z2026-05-29T18:15:10Z 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=488722026-04-27T20:16:17Z2026-04-27T20:16:17ZWhy 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.
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=488452026-03-30T08:18:24Z2026-03-30T08:18:24ZIf 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=488462026-02-24T09:33:44Z2026-02-24T09:33:44ZWhen 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=488472026-02-20T22:56:31Z2026-02-20T22:56:31ZPreparing 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=481322025-11-28T08:15:51Z2025-11-28T08:15:51ZImagine 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.]]>