Bort Law

The Amicable Divorce Network recognizes the first 20 members in any state or province as "Founding Members." Amicable Divorce Network is the only organization in the world vetting divorce industry professionals for being resolution focused, experienced in their field and engaging in fair billing practices.

Congratulations to our Pennsylvania Founding Members.

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The divorce mediation industry focuses on helping couples navigate separation through facilitated discussions. Core services a small business could offer in this space include mediation sessions, conflict resolution, legal guidance (non-representative), financial planning, and documentation assistance. Establishing a reputation for impartiality, effective communication, and confidentiality can differentiate a small business within the divorce mediation landscape. Networking with legal professionals and building trust with clients is crucial for success in this field.

https://www.nytimes.com/2023/09/25/style/divorce-breakup-announcements.html?unlocked_article_code=1.9kw.3seF.BkbXixmMDxzz&smid=url-share

Everyone’s Breaking Up, but Nobody’s Bitter: What’s Going On? (Gift Article) In one divorce announcement after another, high-profile couples are abiding by the golden rule of the schoolyard: If you can’t say something nice, don’t say anything at all.

WHAT IS AN EXECUTOR?
Processing the death of a loved one is difficult. Amid the swirl of emotions, there’s a financial aspect of that transition that also requires attention. It’s an executor’s job to manage that responsibility, distributing the wealth that someone spent a lifetime building.

If you’ve recently been appointed executor — or if you’re currently preparing your own will — you’ll need to know what the job entails. In this article, we’ll explore the role and responsibilities of an executor and walk you through what it takes to carry out those last wishes with dignity.

Executor — definition and importance
An executor is legally responsible for following the terms of a deceased person’s will. They carry out final wishes, pay any outstanding debts, and distribute the remainder of the estate, including everything left that the deceased person owned — cash, personal belongings, real estate, and so on.

Typically, the executor is named in the will. In fact, most wills list more than one potential executor, in order of preference. If the first cannot do the job for some reason, the second can step in, and so on.

If the will is unclear, or if none of the named executors can serve, the court will name an executor.

The responsibilities are significant — in some cases, executors can be held personally liable if they make mistakes managing the estate. The job also can take a substantial amount of time.

Executor responsibilities
An executor’s primary responsibility is following the last wishes laid out in the dearly departed’s will. One of the biggest tasks is ensuring that the estate’s assets and liabilities (debts) are fully accounted for and divided properly among the beneficiaries (the people named in the will).

Executors may also handle several other tasks, such as:

Making funeral arrangements
Informing loved ones, creditors, and the government of the deceased’s death
Paying outstanding taxes and debts
Collecting funds owed to the estate
Managing and safeguarding the estate until it’s distributed
Walking the estate through probate (if required) — the process of legally validating the will and the executor
You can name almost anyone over 18 as your executor, as long as they have no felony convictions. Ideally, they should be well-organized and prepared to handle financial and legal matters.

Most people choose trusted family members, close friends, and/or the beneficiaries of the will as executors or co-executors. You can also appoint certain professionals as executors, such as an accountant or lawyer.

If the testator is still alive, what should I do?
If you’re named executor of a will and the testator (the person whose will it is) is still alive, do what you can to get organized ahead of time. The more information you gather now, the easier it will be to locate important documents, people, and accounts later.

Start your preparations by:

Writing down the names and contact information of the testator’s attorneys and financial professionals
Gathering important financial information the testator would like to share, like the locations of their:
Financial assets (bank accounts, investment accounts, etc.)
Debts
Insurance policies
Real estate holdings
Going over the will to ensure you understand which assets will pass to which beneficiaries
If possible, discussing the will with the testator and the beneficiaries present can prevent unexpected surprises later
Be sure you can identify each of the items named in the will, especially when it comes to personal possessions such as art or furniture
Identifying where the original will and list of assets are stored, and how to access them when needed
Discussing the testator’s last wishes for their funeral and cremation or burial
If I found out I’m the executor after the testator has passed away, what should I do?
If you learn that you’re an executor after the testator passes away, your first step is to get an official death certificate and locate the decedent’s attorneys and financial professionals. (The probate court or the official who notified you of the death may be able to help.)

Work with the probate court — and, ideally, an attorney — to get the documentation you need to carry out your duties. Banks, for example, will require documentation of your right to manage the estate before granting you access to accounts, safety deposit boxes, and so on.

You’ll also need to inform the deceased’s beneficiaries (people named in the will) and heirs (people who could inherit if there had not been a will). This isn’t just a matter of letting people know about the death — it’s a formal, legal process of notifying them that there’s a will and that you’re responsible for distributing the assets of the estate.

There are specific rules in each state about how these people need to be notified. Check with a lawyer in your state, or pick up the forms at your local probate court and follow the instructions carefully.

You’ll also need to notify certain government bodies such as the IRS, DMV, and SSA of their passing.

That said, not everyone feels comfortable acting as an executor. Being the executor of a will is especially difficult if you:

Live far away
Have a busy work or family life
Are in poor health
Feel overwhelmed by grief or an executor’s many responsibilities
Fortunately, you can easily step down and let the probate court appoint another executor.

How to execute the estate in 6 steps
Executing a will requires a lot of work, but preparation and setting expectations can help it feel less daunting. Though exact circumstances vary, the basic steps to executing an estate include:

Get organized
Walk through the probate process
Notify heirs, beneficiaries, and creditors
Inventory, appraise, and maintain the estate’s assets
Manage the estate’s finances
Distribute the remaining assets
Of course, it’s important to remember that executor responsibilities vary by state and by the complexity of your situation. For questions about your specific circumstances, it’s best to consult an attorney.

Step 1: Get organized
Start by tracking down a copy of the will if you don’t already have one. If you don’t know where it is, the deceased’s family members or lawyers may be able to help.

You’ll also need at least 10-15 certified copies of the decedent’s death certificate. (Find out where to get it using the CDC’s Vital Records database.) You’ll need this document to prove the decedent’s passing and your authority to act on behalf of the estate.

Step 2: Walk through the probate process
Going through probate can sometimes take years and dozens of steps, but this section will condense it down to the essentials. In reality, not every estate goes through probate, as some states’ inheritance laws eliminate or expedite the process.

Still, you’re usually required to file the will with the probate court, even if the will doesn’t need to be formally probated. (Some states, for example, recognize self-proving wills, in which case the court’s involvement in formally recognizing the will and the executor is minimal, making that part easier.)

At this point, the court will appoint an executor according to the will.

Assuming that’s you, you’ll need to:

Determine if probate is required
Identify assets that do and don’t need to be probated
Notify relevant parties of the ongoing case
Appear in court to prove the will’s validity or settle disputes
Distribute assets according to probate rules
Note that some executors may hire a lawyer for this process, particularly for large or complex estates.

Step 3: Notify heirs, beneficiaries, and creditors
Executors have a responsibility to notify certain entities of the deceased’s passing, such as:

Heirs and beneficiaries
Creditors
Government entities like the SSA, IRS, DMV, and Postal Service
Financial institutions (banks, insurance companies, investment firms, etc.)
Other entities with ties to the estate, like utility companies, landlords, and employers
Contacting these entities allows them to make or release claims to the estate, fulfill end-of-life obligations (like paying out insurance policies), or cancel contracts and licenses. You should also contact the major credit bureaus and add a death notice to the deceased’s credit report.

Step 4: Inventory, appraise, and maintain assets
As the executor, you’re also responsible for locating, inventorying, and appraising the assets and debts of the deceased’s estate. In other words, you have to figure out the estate’s finances. (Typically, this occurs under the purview of the probate court.) The court — and you — will use this information to properly evaluate and distribute the estate’s assets.

Additionally, executors are required to secure and maintain the estate’s assets until they’re sold and distributed. For instance, you may arrange for maintenance and upkeep on real estate (paid for by the estate). You also may need to locate and protect personal property, heirlooms, and the contents of any safety deposit boxes.

Step 5: Manage the estate’s finances
A key focal point, especially for beneficiaries, is the management of the estate’s finances. Every situation is different, but the executor should be prepared to:

File an income tax return for the estate
Pay any relevant federal or state estate taxes
Pay any relevant property taxes until the property has been distributed
Track down any incoming payments like life insurance or final paychecks
Pay off or dispute outstanding debts like credit card bills
Make essential payments, like mortgage and utility bills, until the estate is settled
Help beneficiaries access benefits like life insurance, annuity, or Social Security payments
While that sounds like a lot, you can make the process a little easier by opening a bank account for the estate. Then, all incoming and outgoing payments can be routed through a single account.

Step 6: Distribute the remaining assets
One of the very last steps executors take is actually distributing remaining or non-probate assets to heirs and beneficiaries.

If there’s an ironclad will in place, this process is relatively simple — just follow the deceased person’s final wishes. Otherwise, you may have to follow rulings from the probate court or state intestacy laws.

Along the way, be sure to have the beneficiaries acknowledge in writing that they’ve claimed their inheritance and what they received.

Before Your Child Goes to College, Complete These Documents
Parents need to make sure they have access to their kids’ financial and medical records

STUDENTS heading off to college soon should leave a few important things behind for their parents.

Once children turn 18, parents no longer have automatic access to their financial accounts or medical records. This can cause major headaches if, for example, a child is seriously injured while at college or needs urgent help navigating their finances.

Thus, it is important for young adults to have certain documents and permissions in place. Many are available online free or at a low cost, though it can be advisable to work with an estate-planning attorney—especially for families with special needs or complex circumstances.

Convincing young adults they need such documents can be difficult.

Younger people, in particular, often feel immune from bad experiences. But emergencies and accidents are bound to arise. “Getting good documents now can help prevent burdensome, expensive and unwanted consequences down the road,” says Justin Flach, managing director of wealth strategy in the San Diego office of Minneapolis-based Ascent Private Capital Management, a division of U.S.

Bank.

What follows are some of the most important documents and permissions for young adults and their parents to obtain.

Universal HIPAA release form

When children turn 18, parents generally lose access to their doctors and medical records.

This can be particularly frustrating— and scary—when the child is away at college.

A universal HIPAA release form allows important medical information to be shared with another person, such as a parent. The young adults can specify which information they don’t want shared. The American Bar Association has a sample form that you can use.

With a universal HIPAA form, parents can do something as simple as obtain a copy of U.S. lab work results for a child on an overseas program. It can also be important for situations when parents are far away and need information on their child’s care. A universal HIPAA isn’t limited to a single provider; it’s not the same form your young adult may have signed at an individual doctor’s office.

Hannah Wardenburg, associate wealth adviser with High-tower Wealth Advisors in St.

Louis, says a friend of hers once had a seizure while visiting her at college. Because the friend’s parents didn’t have authorization, they couldn’t get information from the hospital. Watching this situation unfold made a lasting impression, says Warden-burg, and now she uses it as a cautionary tale with clients who have college-bound children.

Healthcare proxy

A healthcare proxy, also known as a healthcare power of attorney, allows a trusted individual to make medical decisions for the young adult if he or she is unable to do so. This form can be prepared by an attorney or an online legal site. State-specific forms are also available through AARP. Most states will honor a legally valid healthcare proxy from another state. But if your child attends school out of state, check the rules of both states.

An advocate can be a parent, aunt, uncle, grandparent, older sibling or another trusted adult, financial professionals say.

Living will

No one wants to think about a medical worst-case scenario when their child is away at school. But if a medical crisis does occur, you want to be ready with a living will that allows the young adult to spell out ahead of time what kinds of lifesaving measures are acceptable to them, such as CPR, ventilators and artificial nutrition. A living will can also cover decisions about pain management and organ donation.

In life-or-death situations, no one should be “standing around looking at each other saying, ‘What should we do?’ ” says Tana A. Gildea, a certified financial planner and principal at Atlanta- based investment advisory firm Homrich Berg.

State-specific forms can be found on AARP’s website. Many states recognize a legally valid living will from another state.

Durable power of attorney for finances

Situations can arise in which parents might want to pay for their young adult’s rent or credit-card bill to avoid late fees and an impact on credit scores.

But the parents might not have access to the student’s passwords to pay bills online. And if they did, in some cases it could violate a provider’s terms of service, financial professionals say.

Having a durable power of attorney can be a way to step in and help without having to seek judicial permission to act on the child’s behalf. There are different kinds of financial powers of attorney, and laws vary by state, so families should consult an attorney about what works best for their situation. And there are varying schools of thought about how much authority a young adult should give to a parent.

Some durable powers of attorney take effect only in cases where the child is considered disabled due to reasons such as mental illness, physical illness or chronic drug use. Others take effect immediately upon signing.

https://www.quicken.com/blog/what-is-an-executor/

What Is an Executor? Responsibilities and How to Carry Them Out Learn what an executor does and where to start.

Alternatives to Court
Fortunately, there are at least three ways to resolve divorce issues that are usually superior to court.

Working out a solution together. You and your spouse can sit down and reach agreements on how your possessions and debts will be divided, whether one of you will pay the other support -- and how much -- and, if you have children, how they are going to be raised. For some couples, reaching a settlement on these issues will be so easy that it can be accomplished in one meeting. For others, it makes sense to keep the stress level down by spreading the task out over several meetings.

Going to mediation. Here, the two of you meet with a neutral person, called a mediator, who helps guide you through the process of reaching an agreement on possessions, debts, support, and child custody.

Using collaborative law. You and your spouse each choose an attorney who is specially trained in collaborative law, a new and growing method of divorcing. You can also have a neutral financial specialist. The process is based upon a written pledge from both spouses to reach an agreement on the terms of their divorce without going to court. They agree that if either party breaks that agreement and insists on a court proceeding, both attorneys must withdraw from the case and the spouses must hire new lawyers and start over again.

https://sabrinasadminservices.com/fabulous-business-owner-interview-with-peter-bort/

Peter Bort - Family Divorce - Lawyers Who Care with Andrew Samalin - Lawyers Who Care | iHeart Andrew Samalin interviews Peter Bort, Owner Principal at Mindful Divorce. He assist in navigating the process of positively restructuring families through Collaborative Divorce, Mediation, Legal Advice, and practical counseling. Know more about Peter: https://bortlaw.com/...

https://soundcloud.com/user-213395964/peter-bort?utm_source=clipboard&utm_medium=text&utm_campaign=social_sharing

Here's a recent podcast on how to be more respectful in the divorce process.

Peter Bort On today’s edition of the Respectful Divorce Podcast, we are talking with Peter Bort, an attorney serving Montgomery, Delaware, and Chester counties in Pennsylvania.

https://zenappraiser.com/what-you-need-to-know-about-divorce-appraisals/

What You Need to Know About Divorce Appraisals - The Zen Appraiser Blog Not all home appraisals are the same and there are differences in the reporting process for divorce. Here is what you need to know about divorce appraisals..

Bort Law updated their website address.

Bort Law updated their address.

https://www.yahoo.com/news/guidance-choosing-trustee-trustees-estate-122142381.html

When Siblings Can’t Agree on What to Do With an Elderly Parent

An elder mediator doesn’t solve problems, but paves the way for family members to solve problems together.

By Glenn Ruffenach, Wall Street Jounal
July 2, 2020 12:41 pm ET

My siblings and I are at odds over how to care for our mother, who is widowed and not in the best of health. She wants to continue living at home, but two of us think she needs to move to an assisted-living community. (A setting that seems problematic at best, given the coronavirus.) And if she moves, there’s no agreement about whether she should stay in the same area or move close to one of us. Any ideas about how to tackle this?

At some point, depending on how deep your disagreements, you might consider working with an elder mediator.

Mediation, of course, is an effort typically involving an impartial third party to resolve disputes. Among the specialists in this field are elder mediators. Such individuals help families work through concerns—and fights—involving caregiving, inheritance, living arrangements, estate planning and related issues.

Needless to say, I hope you and your siblings aren’t fighting. (It sounds as if everyone is still talking.) That said, while sisters and brothers typically know one another well, they rarely have occasion to work together to solve big problems. And that’s where an elder mediator can help.

A few basics: A mediator doesn’t solve problems; rather, she or he paves the way for family members to solve problems together. (Think: facilitate.) The process might begin with a mediator talking with family members individually, or it can move straight to group discussion. A good mediator also can enlist, or point you toward, other professionals—say, a geriatric-care manager.

In this case, your mother might be afraid of losing her independence—or simply have a fear of aging. A professional who is able to identify such issues can also help break impasses that often divide siblings in this position, such as disagreements over time, effort and money involved in caring for a parent.

Several services and groups can help you find an elder mediator. Mediate.com lists individuals in private practice by state and city. The Academy of Professional Family Mediators (apfmnet.org) has a directory of mediators, as does the Association for Conflict Resolution (acrnet.org).

How has your family worked through caregiving challenges and disagreements? Join the conversation below.

I recognize that all of the above might sound straightforward, even easy. It’s not. Mediation, by all accounts, is hard work. Family members today often are scattered across the country; siblings frequently are pigeonholed in decades-old roles (the smart one, the pretty one, the malcontent); agreements normally aren’t binding; and happy endings aren’t guaranteed. Still, if you, your siblings and your mother are at an impasse—and before relationships are ruptured—mediation certainly is worth a try.

My assistant Judy Hewitt became one of a handful of the first Remote Notary Publics in Pennsylvania. Just imagine doing what you would normally do with a Notary Public, but it is all done on a platform similar to Zoom (but much more secure!) It does require some tech savvy on the part of the user and relatively up-to-date technology.

WHAT IS INCLUDED IN A CHILD SUPPORT ORDER?
Pennsylvania law requires that child support be awarded pursuant to statewide guidelines, which is simply a formula to calculate a parent’s share of basic child support. The guidelines, which can be found at Pennsylvania Rule of Civil Procedure 1910.16-2 through 1910.16-7, are suggested amounts of support, based upon a presumption of the cost of raising children statewide, the parents’ net monthly incomes or earning capacity, and the number of overnights the children spend with each parent. Support orders administered by the county Domestic Relations Office are collected by wage garnishment and deposited directly to the payee’s checking account.
After determining a basic child support obligation, Pennsylvania Rule of Civil Procedure 1910-16-6 authorizes the allocation of additional extraordinary expenses, such as childcare, health insurance, unreimbursed medical, dental and orthodontic expenses, private school tuition, summer camp, extracurricular activities, sports and tutoring. These extraordinary expenses may be added to the support order, paid directly to the provider or to the other parent.
Health insurance for the children is always included in the support order. The parent who currently receives health insurance coverage as a benefit of employment is assigned the obligation to maintain coverage. If that parent is the payor, the basic support order is reduced by a percentage of the monthly cost of coverage. If the parent maintaining coverage is the payee, a percentage of the monthly cost is added to the basic support order. Medical, dental and orthodontic expenses which are not covered by insurance are always included in the support order. A percentage of the cost of these expenses are reimbursed to the payee upon presentation of documentation and after payment of the first $250 per child per year.
If the parent having primary physical custody of the child or children is not working, childcare is generally not included in a support order. If both parents are employed and the need for childcare is ongoing, a percentage of the monthly cost is generally included in the wage garnishment; particularly when the child is an infant or toddler. Since the cost of childcare drops off significantly with school age children, and there is variability in the costs of before/after school care and summer camp, these costs would be included in the order for support, but paid directly to the provider or other parent.
If the child or children attended private school when the parties were together, the cost of tuition is generally included in a support order, provided there is no significant change in income or earning capacity.
County Domestic Relations Offices differ on what types of extracurricular activities are included in a support order. It is not unusual to see the costs of tutoring, scouts, sports and activities registration and uniforms included in a support order. The financial circumstances of the parties will determine whether expenses of SAT prep courses, driver’s education, college applications and horseback riding are paid from basic support or added to the order.
The Pennsylvania Child Support Guidelines are simply a starting point for negotiations. Even when you run the guidelines, there are always other expenses incurred in raising children which may be added to the basic support obligation. To ensure that your children get the financial support they need, consider using a team of Collaborative Professionals to help you resolve this issue outside of the court process. A Divorce Coach will work with parents to determine mutual goals and expectations for raising the children. A Financial Professional will generate reports to determine the respective parties’ and children’s expenses and make recommendations for support. The Collaborative Process is a more equitable process than what one can expect from the county Domestic Relations Office, although it is not necessarily equal. In addition, it allows for support to be paid directly to the other parent, or to a provider, and allows for adjustments up or down depending on the varying costs of extracurricular activities.

Your Advanced Directive is still very important. https://www.nytimes.com/2020/01/31/health/cpr-elderly.html

CPR, by Default When very old patients suffer cardiac arrest, doctors usually try to revive them — even if they were already near death.

Coming soon to Pennsylvania?! https://www.nytimes.com/2019/10/18/your-money/electronic-wills-online.html

A Will Without Ink and Paper New laws are allowing people to create and sign wills online without a lawyer or notary present, but experts say there are drawbacks.

https://www.nytimes.com/2019/07/19/business/safe-deposit-box-theft.html

Safe Deposit Boxes Aren’t Safe When Philip Poniz opened Box 105 at his local Wells Fargo, he discovered it was empty — and that he was totally unprotected by federal law.

They’re divorcing. They’re still good friends. How did the Weidners do it?

From the Philadelphia Inquirer

philly.com A new route for divorce — collaborative divorce — can dissolve a marriage in a year or less and can help eliminate the bitterness and cost of the process.

WIRED

Mindfulness meditation is so helpful!

Don't count out mindfulness meditation. What starts as simple self-help can wind up making you a better person and a better citizen.

SEPARATION, DIVORCE AND THE MARITAL RESIDENCE

No judge needed: Pa. law gets behind collaborative divorces

post-gazette.com Couples are free to agree on any type of financial plans that work for them, even if it might be outside of the authority of the courts.

A long-shot plan to extend Regional Rail to Phoenixville could revolutionize how infrastructure is built : Urban Planning : WHYY

One year to the first rider?! Probably a little longer, but what great concept!

whyy.org A mayoral task force is proposing a short-term pilot project using some of Norfolk Southern’s freight rail tracks to link Phoenixville to the Norristown/Manayunk line.

No judge needed: Pa. law gets behind collaborative divorces

post-gazette.com In a contested divorce, the judge has a lot of power. That might mean ruling that a couple’s marital assets be divided 50-50 when in reality one of the ...

Changing your name during or after a divorce?

Divorce Mediator Peter Bort: The Non-Court Lawyer

Meet Peter Bort. Peter is the named partner of Bort Law. In addition to his law degree from Georgetown University Law Center, he also holds a Spiritual Counseling Certification from the University of Santa Monica. Peter has practiced mindful meditation daily for more than three decades.

bortlaw.com Peter Bort is a skilled divorce mediator and collaborative divorce lawyer. His mindful approach helps couples and families reach graceful solutions.