De Fino Law Associates, P.C. Don’t Settle for Less
LEGAL
& RDER LAWO Without a Will, your wishes won’t be honored
Michael Anthony De Fino
Vincent Anthony De Fino
Nicholas J. Starinieri
Nicholas L. Palazzo
Attorney at Law Attorney at Law
Attorney at Law
Benjamin J. Simmons
Attorney at Law
Attorney at Law
Areas of Practice •Personal Injury •Wrongful Death •Wills and Estates •Real Estate •DUI •Criminal Defense •Corporate •Traffic Violations
2541 South Broad Street Philadelphia, PA 19148 TEL: 215-551-9099 | FAX: 215-551-4099
by FRANK C. DEPASQUALE JR., ESQUIRE
Q: I have been separated
for years but never divorced. How do I protect my assets from my soon to be ex? You can’t. Pursuant to Equitable Distribution, your spouse is entitled to one-half of the increased value of any assets during the marriage including the time during any period of separation. Accordingly, until you obtain a final divorce decree, the increased value of any marital asset will continue to be subject to Equitable Distribution.
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Q:
My mom recently died. My dad passed away years ago. My mom didn’t talk to my only brother for years because he has a drug problem. She told me she didn’t want him to share in any of her assets including her house but she never did a Will. Can I honor her wishes? Unfortunately, no. Since your mother died without a Will, she is considered to have died intestate or without a Will. The
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w w w. d e f i n o l aw y e r s . c o m
Intestacy Laws of Pennsylvania provide that the issue or children of a parent share equally. This is why it is critically important that everyone should have what I call a Life Care Plan, which consists of a Will, Living Will or Healthcare Directive and a Power of Attorney.
Retirement
Business
Life
Home
Auto
Q:
My son’s parked car was totaled by a drunk driver with no insurance. He hit a parked car behind my son’s car, which in turn, collided with my son’s car. Would the owner of the parked car behind my son be responsible for the damage? No. In order for an individual to be held liable, their conduct in causing the damage has to be negligent.
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Here for you in PHILADELPHIA. P # ROvIDINg# O ^ n YOur Side^ s # ERvIcE FOR 26 yEARs.#
At PHILADELPHIA, we’re proud to be part of the fabric of this community, helping you protect what you care about most. We consider it a privilege to serve you.
Once again, Frank DePasquale has been recognized by his peers as a Pennsylvania Super Lawyer for 2018. He heads DePasquale Law Offices, 2332-34 S. Broad Street, Philadelphia, PA 19145. P: 215.755.4410. Email him at frank@depasquale-law.com or visit www.depasquale-law.com
JOHN FERULLO PHILADELPHIA 215-468-4116 ferullj@nationwide.com www.ferulloinsurance.com Not all Nationwide affiliated companies are mutual companies and not all Nationwide members are insured by a mutual company. Nationwide, Nationwide is On Your Side, and the Nationwide N and Eagle are service marks of Nationwide Mutual Insurance Company. © 2016 Nationwide Mutual Insurance Company. NPR-0784AO (04/16) #
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July / August / September 2018
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