Insights
Estates & Trusts
In this episode, estate planning attorneys Mary Beth Melso, Sierra Weinkam, and Christina Miller (https://www.commonslaw.com/lawyers) demystify the estate planning process. They cover essential documents, what to expect in a meeting, and how clients can prepare effectively. Keywords Estate Planning, Wills, Power of Attorney, Healthcare Directive, Probate, Fiduciary Roles, Estate Meeting Preparation Topic areas Key estate planning documents: will, healthcare directive, power of attorney What to expect during an estate planning meeting How to prepare and what to bring to your estate planning session Differences between probate and non-probate assets Roles of executor, trustee, and guardian Takeaways Most estate plans include a will, healthcare directive, and power of attorney. Preparation involves reviewing assets, liabilities, and thinking about beneficiaries. Clients can bring documents or contact info, but it's not necessary as notes are taken. Estate planning meetings are designed to be informative and supportive.
Charitable giving is something many people think about when establishing or updating their estate plan. One tool that has become increasingly popular is a Donor Advised Fund, commonly known as a DAF. Despite their growing use, many people are unfamiliar with how they work or whether a DAF might make sense for them for lifetime charitable giving and as part of their estate plan.
For those serving as the personal representative of an estate, determining what documentation and information to keep and organize can be confusing. Based on our experience working with Executors and Administrators in Philadelphia and the surrounding counties, we put together a list of documents and information that we recommend you gather and keep.
In this video, Attorneys Katie Commons and Mary Beth Melso discuss some of the issues that come up when making gifts of cash or other assets to children or other family members. They touch on: annual gift tax considerations, timing of gifts, gifts in excess of the gift tax exclusion, gifting to minors, the “Med-Ed” exclusion, special considerations related to Pennsylvania inheritance tax laws, and questions of basis for capital assets.
Attorneys Katie Commons and Mary Beth Melso discuss the pros and cons of going through the probate process. They talk about what probate is, why state laws matter, issues that won’t be solved by avoiding probate, the potential benefits of the probate process; the role of trusts, and how to find the best solution for you.
Attorney Mary Beth Melso details some of the methods available for the purpose of avoiding probate, and offers guidance on what to consider before employing any of them.
Independent School Leadership
The series features candid conversations between Excelle Founder & CEO Amanda Riegel and Peter T. Commons of Commons & Commons LLP, a trusted advisor who has negotiated hundreds of head of school contracts and counseled leaders through complex topics such as school transitions and crisis response.
Episode#3 - How and when to use an attorney: In our third and final “TeachHer” conversation, Excelle CEO/Founder Amanda Riegel sits down with Peter T. Commons of Commons & Commons LLP to talk about something most school leaders discuss nearly enough – how to think about legal counsel before you actually need it.
The series features candid conversations between Excelle Founder & CEO Amanda Riegel and Peter T. Commons of Commons & Commons LLP, a trusted advisor who has negotiated hundreds of head of school contracts and counseled leaders through complex topics such as school transitions and crisis response.
Episode#2 - Career Transitions: In this conversation, Amanda Riegel and Pete Commons discuss the complexities of transitioning heads of school, focusing on the emotional and legal aspects of career changes in educational leadership. They explore the importance of communication, the need for legal advice, and the human dynamics involved in these transitions. The discussion emphasizes the significance of establishing strong relationships between heads of school and their boards, as well as the necessity of preparing for potential challenges in governance and contract negotiations.
The series features candid conversations between Excelle Founder & CEO Amanda Riegel and Peter T. Commons of Commons & Commons LLP, a trusted advisor who has negotiated hundreds of head of school contracts and counseled leaders through complex topics such as school transitions and crisis response.
EPISODE #1: Contract Negotiations – Compensation, timing, and terms including what boards can offer beyond salary when budgets are tight.
Every nonprofit corporation is required to have bylaws - and those bylaws set the rules for how the organization is governed at a high level. In this video, Karen Wolfe explains why bylaws are the foundation of a board’s governance work, why board members should actually know what their bylaws say, and why bylaws should be treated as a living document and reviewed regularly.
Attorney-client privilege is often misunderstood - and small mistakes can easily waive it. In this video, Joe Pecora explains what attorney-client privilege actually protects, when it applies, and when it does not.
Joe Pecora, a Partner at Commons & Commons LLP, walks through common pitfalls, including why simply copying an attorney on an email or labeling a communication “confidential” does not make it privileged, how privilege can be lost by including the wrong people on emails or calls, and why privilege does not extend to all employees. He also discusses the limits of privilege for personal matters, the obligation of school counsel to act in the organization’s best interests, and when board members or heads of school should consider seeking independent legal advice.
Real Estate
The Pennsylvania Association of Realtors® (“PAR”) Exclusive Buyer Agency Contract is one of the most widely used forms governing the relationship between homebuyers and their real estate agents, but is notably sparse when it comes to termination rights. This article explores the circumstances under which a buyer may terminate the contract.
