top of page
All Posts


What Is the Difference Between Legal and Physical Custody in Pennsylvania?
AI Summary Legal custody refers to the right to make major decisions about a child's education, health, and religion, while physical custody determines where the child actually lives. Pennsylvania courts can award both types of custody jointly or solely, and each arrangement carries different day-to-day responsibilities for parents. All custody matters in Westmoreland County are heard at the Westmoreland County Courthouse in Greensburg, making local legal knowledge essential.
11 hours ago7 min read


What Is the Difference Between a Durable and Limited Power of Attorney in Pennsylvania?
AI Summary A durable power of attorney in Pennsylvania remains effective even if the principal becomes incapacitated, making it a critical tool in long-term estate planning. A limited power of attorney expires at a set time or after a specific task is completed, giving you precise control over what an agent can do on your behalf. Pennsylvania law imposes specific execution requirements for both types, including notarization and witness signatures, and errors in drafting can r
3 days ago7 min read


What Is Equitable Distribution in a Pennsylvania Divorce?
AI Summary Pennsylvania uses equitable distribution, meaning marital property is divided fairly based on statutory factors, not automatically split 50/50. Marital misconduct like infidelity has no bearing on property division. Courts focus on financial reality: what each spouse earned, contributed, and will need going forward. Only marital property is divided. Separate property like pre-marital assets, individual gifts or inheritances, and items excluded by a valid prenup sta
5 days ago7 min read


What Is a Living Trust and Do I Need One in Pennsylvania?
AI Summary A living trust allows you to transfer assets to your beneficiaries without going through Pennsylvania's probate process, saving your family significant time and stress. Not everyone needs a living trust, but it can be especially valuable if you own real estate, have a blended family, or want to plan for incapacity. Pennsylvania does not require a living trust, but pairing one with a will and other documents creates a more complete estate plan. An experienced estate
Jul 207 min read


What Happens to a Family Home During a Divorce in Pennsylvania?
AI Summary Pennsylvania follows equitable distribution, meaning the family home is divided fairly but not necessarily equally between spouses. Whether the home was brought into the marriage or purchased jointly affects how it is classified and divided under state law. Spouses have several options for handling the home, including a buyout, a sale, or a deferred transfer tied to child custody arrangements. For Westmoreland County residents, having local legal representation is
Jul 177 min read


What Happens If You Die Without a Will in Pennsylvania?
AI Summary Without a will in Pennsylvania, intestate succession under Title 20 decides who inherits based on a fixed priority list, not your personal relationships or intentions. A surviving spouse does not automatically get everything. If there are children from a prior relationship, the spouse receives only half, and unmarried partners and stepchildren without formal adoption inherit nothing. Dying without a will means the court appoints a guardian for minor children and th
Jul 157 min read


What Does a Prenuptial Agreement Cover in Pennsylvania?
AI Summary A prenuptial agreement in Pennsylvania can protect separate property, business interests, and financial assets you bring into a marriage. Pennsylvania courts will not enforce prenuptial agreements that are unconscionable, were signed under duress, or lacked full financial disclosure. The attorneys at David K. Lucas & Associates PLLC guide Westmoreland County couples through every step of drafting a legally sound prenuptial agreement. Costs and timelines vary by sit
Jul 137 min read


What Assets Are Subject to Probate in Pennsylvania?
AI Summary Not all assets pass through probate in Pennsylvania; only assets titled solely in the deceased person's name without a named beneficiary are typically subject to the process. Assets with joint ownership, named beneficiaries, or held in trust generally bypass probate and transfer directly to the surviving party. Westmoreland County families face county-specific filing procedures through Orphans' Court, making local legal guidance especially valuable. Pennsylvania's
Jul 107 min read


How Do I Find an Estate Planning Attorney in Greensburg PA?
AI Summary Finding the right estate planning attorney in Greensburg means looking for someone with deep local knowledge of Westmoreland County's courts and procedures. A well-drafted estate plan covers more than a will, including powers of attorney, healthcare directives, and beneficiary designations. Pennsylvania's Orphans' Court follows county-specific local rules, so working with an attorney familiar with Westmoreland County filings protects your family from costly delays.
Jul 87 min read


How Do I Find a Probate Attorney in Westmoreland County PA?
AI Summary Probate in Pennsylvania starts at the county level, so an attorney who files regularly in Westmoreland County Orphans' Court and the Register of Wills knows local rules that out-of-area lawyers may miss. Not every estate requires full probate. Assets with named beneficiaries, jointly held property, and trust assets typically pass outside the process. Executors have a legal duty to gather assets, notify creditors, pay debts, and distribute correctly. Doing these ste
Jul 67 min read


How Do I Find a Divorce Attorney in Greensburg PA?
AI Summary Finding a qualified divorce attorney in Greensburg, PA starts with identifying attorneys who practice specifically in Pennsylvania family law and know Westmoreland County courts. The right attorney will guide you through property division, custody arrangements, and support obligations while protecting your interests throughout the process. Legal fees for divorce vary significantly based on complexity, contested issues, and timeline, so contacting an attorney direct
Jul 37 min read


How Do I Find a Child Custody Lawyer in Greensburg PA?
AI Summary Pennsylvania recognizes two custody types: legal (decision-making over education, healthcare, welfare) and physical (where the child lives and the schedule). Local knowledge of Westmoreland County courts and how judges apply custody standards directly shapes strategy and outcomes. Custody and child support are separate but connected. Handling both with one attorney avoids gaps, and orders can be modified when circumstances change. Act fast in urgent cases: threaten
Jul 17 min read


How Do I Establish a Child Custody Agreement in Pennsylvania?
AI Summary Pennsylvania courts determine child custody based on the best interests of the child, considering more than a dozen statutory factors. Parents in Westmoreland County can reach a custody agreement through negotiation, mediation, or a formal court order from the Westmoreland County Courthouse. A parenting plan that is detailed, realistic, and court-approved protects both parents and provides children with the stability they need. David K. Lucas & Associates PLLC brin
Jun 297 min read


Can I Get Alimony After a Divorce in Pennsylvania?
AI Summary You spent years building a life together, and now that life is coming apart. Whether you gave up a career to raise children or simply earned far less than your spouse throughout the marriage, the financial gap after divorce can feel impossible to bridge on your own. Alimony exists precisely for situations like yours, but Pennsylvania courts do not hand it out automatically. The process for securing it involves specific legal standards, multiple stages, and discreti
Jun 267 min read


Can a Parent Relocate With a Child Without the Other Parent's Consent in Pennsylvania?
AI Summary Pennsylvania law requires a relocating parent to provide formal written notice to the other parent before moving with a child, giving them the right to object. If the other parent objects to the proposed relocation, a court hearing is required before the move can legally take place. Judges in Westmoreland County weigh multiple factors when deciding whether a relocation serves the child's best interests, including how the move affects the existing custody arrangemen
Jun 247 min read


Can an Executor Be Held Personally Liable in Pennsylvania?
AI Summary Taking on the role of executor after losing a loved one feels like an act of loyalty. Then the paperwork arrives, creditors call, beneficiaries ask questions you cannot answer, and the weight of that responsibility becomes very real, very fast. What many people serving as executors in Pennsylvania do not realize until it is too late is that making the wrong move, even one made in good faith, can expose them to personal financial liability. This is not a theoretical
Jun 227 min read


When Should I Hire a Divorce Lawyer Near Me?
AI Summary Hiring a divorce lawyer early helps protect your rights and ensures proper legal procedures are followed from the start. Complex cases involving children, significant assets, or domestic violence require immediate professional representation. Pennsylvania's specific divorce laws and filing requirements make local legal expertise essential for optimal outcomes. The cost of hiring an attorney upfront often prevents much more expensive mistakes and complications later
Jun 155 min read


What's the Difference Between a Will and Trust?
AI Summary Wills only take effect after death and must go through probate court, while trusts can manage assets during your lifetime and often avoid probate entirely. Trusts provide greater privacy since they don't become public records like wills do when filed in probate court. Establishing a trust typically costs more upfront than creating a will, but can save significant money and time for beneficiaries later. Both documents serve different purposes in estate planning, and
Jun 126 min read


What Factors Do Courts Consider in Child Custody?
AI Summary Courts prioritize the best interests of the child above all other considerations when making custody decisions. Parental fitness, including mental health, stability, and caregiving ability, heavily influences custody determinations. The child's existing relationships, school performance, and emotional needs play crucial roles in custody arrangements. Financial stability, living conditions, and each parent's willingness to support the child's relationship with the o
Jun 106 min read


What Does a Divorce Attorney Cost?
AI Summary Divorce attorney costs in Westmoreland County typically range from $150 to $500 per hour depending on case complexity and experience level. Uncontested divorces can cost as little as $1,500 to $3,000, while contested cases often exceed $10,000 to $15,000. Flat fee arrangements for simple divorces provide cost predictability and budget control for families. Understanding fee structures upfront helps you make informed decisions about legal representation during this
Jun 87 min read
bottom of page