A Pennsylvania diversion program, often used for a first-time DUI, that can avoid a conviction if the person completes its conditions. Accepting ARD still carries consequences, including effects on a limited-tort driver's right to recover for pain and suffering. · Litigation
Ademption
When a specific gift in a will fails because the property no longer exists in the estate at death. For example, if a will leaves 'my 2020 Honda' but the testator sold it before death, the gift is adeemed. · Estate Planning & Administration
Adjudication
A formal court decree distributing estate or trust assets after an accounting is filed and approved. In Bucks County, audit dates are scheduled by the Orphans' Court on a rolling calendar. · Estate Planning & Administration
Administration
The process of managing and distributing a decedent's estate. 'Letters of Administration' are issued when there is no will; 'Letters Testamentary' when there is. · Estate Planning & Administration
Administrator
The person appointed by the Register of Wills to manage an estate when there is no valid will (intestate). Compare with Executor, who is named in the will. The Register appoints administrators according to a statutory priority list: first to those entitled under the will’s residuary clause (if any), then the surviving spouse, then intestate heirs, then creditors. 20 Pa.C.S. § 3155 (priority of appointment); § 3171 (bond). See Step-by-Step: The Probate Process in Bucks County. · Estate Planning & Administration
Adverse Possession
A method of acquiring title to real property through actual, continuous, exclusive, visible, notorious, distinct and hostile possession for at least 10 years (or 21 years under the traditional statute). Requires a quiet title action. (42 Pa.C.S. § 5527.1; § 5530) · Real Estate & Property Law
Affidavit of Death
A sworn statement establishing the fact and date of the decedent's death. Filed pursuant to 20 Pa.C.S. § 925 when an original death certificate cannot be obtained. · Estate Planning & Administration
Aid and Attendance
An enhanced monthly Veterans Affairs pension benefit for wartime veterans and their surviving spouses who need help with daily activities or are housebound. It is paid on top of the basic VA pension, has its own income and asset limits, and is often used to help pay for long-term care. · Elder Law & Medicaid Planning
Alimony
An order for support granted to a spouse or former spouse in conjunction with a decree granting a divorce or annulment. Distinguished from APL (alimony pendente lite), which is temporary support during the proceeding. (23 Pa.C.S. § 3103; § 3701) · Family Law & Domestic Relations
Alimony Pendente Lite (APL)
An order for temporary support granted to a spouse during the pendency of a divorce or annulment proceeding. Designed to ensure both spouses can maintain themselves during litigation. (23 Pa.C.S. § 3103; § 3702) · Family Law & Domestic Relations
American Rule (Fee-Shifting)
The default rule that each side pays its own attorney fees regardless of who wins. Certain statutes, such as the consumer protection and wage laws, create exceptions called fee shifting, where the losing side must pay the winner's fees. · Civil Litigation & Business Disputes
Ancillary Administration
A secondary probate proceeding opened in a state other than the decedent's domicile, typically to deal with real property located there. Pennsylvania requires ancillary proceedings for out-of-state decedents who owned PA real estate. · Estate Planning & Administration
Annual Exclusion (Gift Tax)
The amount each person can give to any other person each year without triggering gift tax reporting requirements. For 2026, the federal annual exclusion is $19,000 per recipient. Pennsylvania does not impose a separate gift tax. · Estate Planning & Administration
Arbitration
A method of resolving disputes outside of court. In Pennsylvania, civil cases under a specified dollar amount are subject to compulsory arbitration. Appeals from arbitration awards must be filed within 30 days. (Pa.R.C.P. 1301 to 1314) · Civil Litigation & Business Disputes
Assessment Appeal
A formal challenge to a property's assessed value for real estate tax purposes. In Bucks County, appeals are filed with the Board of Assessment Appeals. The common level ratio (CLR) is used to convert assessed values to fair market value for comparison. · Real Estate & Property Law
Augmented Estate
The expanded pool of a deceased person's property used to calculate a surviving spouse's elective share (20 Pa.C.S. § 2203). It reaches beyond the probate estate to include certain lifetime transfers and non-probate assets, so a spouse cannot be disinherited simply by moving property outside the will. · Estate Planning & Administration
B
Bad Faith (Insurance)
An insurer's unreasonable denial, delay, or undervaluation of a legitimate claim. Pennsylvania's bad faith statute (42 Pa.C.S. § 8371) allows policyholders to recover interest, punitive damages, and attorney fees. · Litigation
Beneficial Ownership Information (BOI)
Details about the individuals who actually own or control a company. The federal Corporate Transparency Act required most businesses to report this information, though a 2025 interim rule exempted companies formed in the United States, leaving the requirement mainly for certain foreign-formed entities. Requirements in this area continue to change. · Business & Corporate Law
Beneficiary
A person who has a present or future beneficial interest in a trust, vested or contingent, or who holds a power of appointment over trust property in a capacity other than trustee or protector. In estate planning, also refers to anyone designated to receive assets from a will, trust, or account. (20 Pa.C.S. § 7703) · Estate Planning & Administration
Best Interest of the Child
The legal standard courts apply in all custody decisions under 23 Pa.C.S. § 5328. The court weighs a list of statutory factors focusing on the child's safety, welfare, and well-being. Acts 8 of 2024 and 11 of 2025 revised the factor list and now require substantial weighted consideration for the factors involving child safety. · Family Law & Domestic Relations
Bifurcation
A court order that grants the divorce decree, legally ending the marriage, before all the economic claims such as property division and alimony are resolved (23 Pa.C.S. § 3323). It lets a person move on sooner, but it carries real risks, including the loss of certain rights if a spouse dies before the economic claims are settled. · Family Law & Domestic Relations
Breach of Trust
A violation by a trustee or trust director of a duty owed to a beneficiary of the trust. May result in surcharge; personal liability for losses caused by the breach. (20 Pa.C.S. § 7703) · Orphans' Court & Fiduciary Litigation
Buy-Sell Agreement
A contract among business co-owners that governs what happens to a member's ownership interest upon death, disability, retirement, or dispute. Often funded by life insurance and triggered by specific events. · Business Law
C
CAM Charges (Common Area Maintenance)
In a commercial lease, the tenant's share of the cost of maintaining shared areas such as parking lots, landscaping, snow removal, and security. These charges are added on top of base rent and can rise sharply, so tenants often negotiate an annual cap and the right to audit them. · Business & Corporate Law
Caveat
A formal objection filed with the Register of Wills to prevent the probate of a will. Triggers a hearing before the Register or, if contested, before the Orphans' Court. See Will Contests & Caveats in Bucks County. · Orphans' Court & Fiduciary Litigation
Certificate of Organization
The formation document filed with the Pennsylvania Department of State to legally create an LLC (15 Pa.C.S. § 8821). Filing it brings the LLC into existence, but it does not by itself supply an operating agreement or register the business for taxes. A corporation's equivalent is the Articles of Incorporation. · Business & Corporate Law
Chain of Title
The recorded sequence of ownership transfers for a property, tracing who owned it from one deed to the next, often going back 60 years or more. A gap or defect in that sequence, called a break in the chain, can block a sale or refinance or prevent title insurance. · Real Estate & Property Law
Citation
In Orphans' Court, a formal order requiring a person to appear or respond. Used in guardianship proceedings, accountings, and estate disputes. Issued by the court upon petition. · Orphans' Court & Fiduciary Litigation
Cloud on Title
Any claim, lien, or defect in the public record that casts doubt on who really owns a property or whether it can be sold free and clear. Common examples include an old unreleased mortgage, a judgment lien, or a competing ownership claim. A quiet title action asks a court to remove the cloud. · Real Estate & Property Law
Codicil
A written amendment to an existing will. Must be executed with the same formalities as a will (in writing, signed at the end). Used for minor changes. · Estate Planning & Administration
Cohabitation (Alimony)
Living together with a romantic partner in a shared household, sharing expenses and holding out as a couple. Under Pennsylvania law (23 Pa.C.S. § 3706), a person who cohabits with a new partner after the divorce loses the right to receive alimony, even without remarrying. Courts look at shared finances and household, not an occasional overnight stay. · Family Law & Domestic Relations
Common Level Ratio (CLR)
The ratio between assessed property values and actual market values in a county, published annually by the State Tax Equalization Board. Used to calculate realty transfer tax on properties sold above the assessed value and in assessment appeal proceedings to determine fair market value. · Real Estate & Property Law
Common-Law Marriage
A marriage formed by a couple's agreement and conduct rather than a license and ceremony. Pennsylvania abolished new common-law marriages as of January 1, 2005 (23 Pa.C.S. § 1103), so couples who began living together after that date acquire no spousal rights no matter how long they live together. Only common-law marriages validly created on or before that date remain valid. · Family Law & Domestic Relations
Community Spouse
In Medicaid planning, the spouse of an institutionalized individual who remains living at home. Federal and state law protect a portion of the couple's combined assets and income for the community spouse through the Community Spouse Resource Allowance (CSRA). · Elder Law & Medicaid Planning
Community Spouse Resource Allowance (CSRA)
The amount of a married couple's combined assets that the healthy spouse at home may keep when the other spouse enters a nursing home on Medicaid. It is generally half of the combined countable assets up to a set maximum, with a minimum floor, and it can be increased in some cases through a fair hearing. · Elder Law & Medicaid Planning
Comparative Negligence
Pennsylvania's system for allocating fault in personal injury cases. A plaintiff can recover damages as long as their share of fault does not exceed 50%. The recovery is reduced by the plaintiff's percentage of fault. (42 Pa.C.S. § 7102) · Civil Litigation & Business Disputes
Comprehensive Plan
A municipality's long-range planning document that guides land use, zoning, transportation, and development. While advisory rather than binding in Pennsylvania, courts give it significant weight in zoning challenges. · Real Estate & Zoning
Conditional Use
A land use that is permitted in a zoning district only after a governing body hearing and approval with specific conditions. Unlike variances, conditional uses are contemplated by the zoning ordinance itself. · Real Estate & Zoning
Confession of Judgment
A clause in a contract allowing the creditor to obtain a judgment against the debtor without notice or hearing. Common in PA commercial leases and promissory notes. · Business & Corporate Law
Consentable Line
A boundary line established between neighboring property owners through long acquiescence (21+ years of mutual recognition). Once established, the consentable line becomes the legal boundary even if a survey shows the actual deed line is elsewhere. A common issue in Bucks County boundary disputes. · Real Estate & Property Law
Conservator
Under Pennsylvania law, a limited guardian appointed to manage only the financial affairs of an incapacitated person. Distinguished from a full guardian who manages both person and estate. · Elder Law & Medicaid Planning
Consideration
Something of value that each side gives up to make a contract binding. For a non-compete signed after a job has already begun, Pennsylvania requires new consideration, such as a raise, promotion, or bonus, because simply keeping the existing job is not enough. · Business & Corporate Law
Contempt
Willful disobedience of a court order. In family law, commonly used to enforce custody, support, and PFA orders. Civil contempt aims to compel compliance; criminal contempt punishes the violation. · Family Law & Domestic Relations
Contingency (Real Estate)
A condition in an agreement of sale that must be satisfied before the buyer is obligated to complete the purchase, such as a satisfactory home inspection, mortgage approval, appraisal, or clear title. If a contingency is not met by its deadline, the buyer can usually cancel and recover the deposit; waiving a contingency shifts that risk to the buyer. · Real Estate & Property Law
Contingency Fee
A fee arrangement in which the lawyer is paid a percentage of the recovery, commonly one third before trial and more if the case is tried, and nothing if there is no recovery. The client generally pays no fee up front. Case costs may be handled separately from the fee. · Litigation
Coverture Fraction
The formula used to determine how much of a pension or retirement benefit is marital property subject to division in a divorce. It divides the years of service earned during the marriage by the total years of service, then applies that fraction to the benefit's value. Only the marital portion is divided. · Family Law & Domestic Relations
Custody Conciliation
A mandatory, informal meeting held early in custody proceedings where parents attempt to reach agreement with the help of a court conciliator before proceeding to litigation. In Bucks County, the CCES (Custody Conciliation and Evaluation Service) program handles these conferences. · Family Law & Domestic Relations
D
Decanting
The process of distributing assets from one irrevocable trust into a new trust with different terms. Pennsylvania has not enacted a trust decanting statute, so decanting here relies on the trust's own terms or common law; comparable results are often reached through statutory modification by consent of the settlor and beneficiaries (20 Pa.C.S. § 7740.1) or by judicial modification. · Estate Planning & Administration
Decedent
A person who has died. In Pennsylvania, the term covers both a testator (person who died with a valid will) and a person dying intestate (without a will). 20 Pa.C.S. § 102. · Estate Planning & Administration
Declaration of Taking
The document a government body or authorized entity files to formally condemn private property under its eminent domain power. Filing it, with the required security, transfers title to the condemnor. The owner then has 30 days to challenge the taking by filing preliminary objections, while the amount of compensation is decided separately. · Real Estate & Property Law
Defamation
A false statement of fact published to a third party that damages someone's reputation. Libel refers to written defamation; slander to spoken. Pennsylvania recognizes certain statements as defamatory per se, requiring no proof of actual damages. · Litigation
Default Judgment
A judgment entered against a party who fails to respond to a complaint or appear in court within the required time (typically 20 days after service in Pennsylvania). The prevailing party may file a praecipe for default judgment after the deadline passes. (Pa.R.C.P. 1037) · Civil Litigation & Business Disputes
Deficiency Judgment
A court judgment a lender can seek against a borrower for the shortfall when a foreclosed property sells at sheriff's sale for less than the debt owed. In Pennsylvania the borrower can petition the court to fix the property's fair market value and reduce the deficiency accordingly (42 Pa.C.S. § 8103). · Real Estate & Property Law
Delay Rentals
A small annual payment a gas company makes to postpone drilling during a lease's primary term. It buys time only and cannot hold a lease past the primary term once that term ends without production. Production, not continued payment, is what carries a lease into the secondary term. · Oil, Gas & Mineral Rights
Demand Letter
A formal written letter, usually from an attorney, that describes a claim and demands a specific payment or action by a deadline before a lawsuit is filed. It often prompts settlement and shows the court that the sender tried to resolve the matter. · Litigation
Deposition
Sworn, out-of-court testimony taken before trial. A witness answers questions under oath, recorded by a court reporter. Used for discovery and can be read at trial if the witness is unavailable. · Civil Litigation & Business Disputes
Digital Assets
Online accounts, cryptocurrency, email, social media, digital photos, and other electronic property. Pennsylvania's Revised Uniform Fiduciary Access to Digital Assets Act (20 Pa.C.S. §§ 3901 to 3918) governs how executors, trustees, and agents access digital assets after death or incapacity. · Estate Planning & Administration
Directed Trust
A trust that divides the trustee's job by giving specific powers, such as investment or distribution decisions, to a separate person called a trust director or adviser, while the trustee follows those directions. Pennsylvania's Directed Trust Act (20 Pa.C.S. § 7780.11 et seq.) governs how responsibility and liability are divided. · Estate Planning & Administration
Disclaimer
A written refusal to accept an interest in property that would otherwise pass to you by will, trust, intestacy, joint tenancy, or beneficiary designation. Must describe the interest, declare the disclaimer, and be signed. 20 Pa.C.S. § 6201. See Disclaimers & Renunciations. · Estate Planning & Administration
Discovery
The pre-trial phase where parties exchange information relevant to the case. Includes interrogatories (written questions), depositions, document requests, and requests for admissions. · Civil Litigation & Business Disputes
Discovery Rule
An exception that can delay the start of a filing deadline until the injured person knew, or reasonably should have known, of the injury and its cause. It applies narrowly, most often in medical malpractice and fraud cases. It is unrelated to the discovery phase of a lawsuit. · Litigation
Division Order
A document from the producer that sets out each owner's fractional or decimal share of a well's production and directs how payments are split. Landowners check their royalty by reading the lease, the division order, and the check stub against one another. · Oil, Gas & Mineral Rights
Dormant Oil and Gas Act
A Pennsylvania statute (58 P.S. §§ 701.1 to 701.7) that addresses a severed oil and gas interest whose owner cannot be located. After a diligent search, an interested party petitions the Court of Common Pleas, which appoints a trustee to lease and manage the missing owner's interest and hold the money for them. It preserves the missing owner's interest rather than transferring it to anyone else. · Oil, Gas & Mineral Rights
Double Taxation
When the same business income is taxed twice, once at the corporate level on the company's profits and again at the individual level when those profits are paid to shareholders as dividends. It is the main tax drawback of a C corporation. · Business & Corporate Law
Due Diligence
The buyer's careful investigation of a business before purchase, reviewing its contracts, finances, liabilities, employees, and litigation history to confirm what is actually being bought. Deal-ending problems often surface during this stage. · Business & Corporate Law
Dunham Rule
A Pennsylvania rule for reading old deeds: when a deed reserves or conveys minerals without naming oil and gas, the oil and gas are presumed not to be included. The presumption comes from the 1882 case Dunham v. Kirkpatrick and can be overcome only by clear and convincing evidence that the parties meant to include them. · Oil, Gas & Mineral Rights
E
Easement
A legal right to use another person's land for a specific purpose, such as a driveway or utility line. Can be express (written), implied, or prescriptive (established by long use. 21 years in PA). · Real Estate & Property Law
Economic and Non-Economic Damages
Two categories of injury compensation. Economic damages are measurable out-of-pocket losses such as medical bills, lost wages, and property damage. Non-economic damages compensate intangible harms such as pain and suffering and loss of enjoyment of life. · Litigation
Ejectment
A legal action to recover possession of real property from someone who is wrongfully in possession. In Pennsylvania, governed by Pa.R.C.P. 1051 to 1058. Also used to contest adverse possession claims. · Real Estate & Property Law
Elective Share
A surviving spouse's statutory right to claim one-third of certain estate assets, regardless of what the will provides. Must be exercised within 6 months of the decedent's death or the date of probate of the will, whichever is later. 20 Pa.C.S. § 2203; § 2210(b). See Spousal Election: Taking Against the Will. · Estate Planning & Administration
Eminent Domain
The power of government to take private property for public use upon payment of just compensation. In Pennsylvania, condemnation proceedings are governed by 26 Pa.C.S. (Eminent Domain Code), and the petition for viewers must be filed within six years. (42 Pa.C.S. § 5527(a)) · Real Estate & Property Law
Employment At-Will
Pennsylvania's default rule that, without a contract stating otherwise, either the employer or the employee may end the employment at any time, for any reason that is not illegal, with no notice. A written employment agreement can change this default. · Business & Corporate Law
Encroachment
A structure or improvement, such as a fence, shed, driveway, or wall, that crosses a property line onto a neighbor's land. The affected owner can usually demand removal, or a court may order payment of damages instead when the encroachment is minor and made in good faith. A long-standing encroachment can ripen into a right through adverse possession or a consentable line. · Real Estate & Property Law
Equitable Distribution
The division of marital property in a divorce. PA divides property based on fairness (not necessarily 50/50) using factors in 23 Pa.C.S. § 3502. · Family Law & Domestic Relations
Escrow
Funds or documents held by a neutral third party until specified conditions are met. In real estate transactions, the escrow agent holds the buyer's deposit and distributes funds at closing. Also refers to accounts maintained by mortgage servicers to pay property taxes and insurance premiums on behalf of borrowers. · Real Estate & Property Law
Estate Recovery (Medicaid)
A state program requiring the Pennsylvania Department of Human Services (DHS) to seek reimbursement from a deceased Medicaid recipient's estate for long-term care benefits paid during their lifetime. DHS must be notified as a potential creditor during probate. (62 P.S. § 1412) · Elder Law & Medicaid Planning
The price at which property would change hands between a willing buyer and a willing seller, neither being under any compulsion and both having reasonable knowledge of relevant facts. Used in estate tax, equitable distribution, and property transactions. · General Legal Terms
Fair Share Act
A Pennsylvania law (42 Pa.C.S. § 7102) that generally makes each defendant pay only its own percentage share of the fault. A defendant is responsible for the entire judgment only in limited situations, chiefly when it is found at least 60 percent at fault. · Litigation
Family Exemption
The right of a surviving spouse (or, if none, children who are members of the same household, or if none, parents who are members of the same household) to retain up to $3,500 in real or personal estate property before other claims. 20 Pa.C.S. § 3121. · Estate Planning & Administration
Family Settlement Agreement
A written agreement among the heirs and beneficiaries of an estate that settles how the estate will be distributed and releases the personal representative, used instead of a formal court accounting. Once everyone with an interest signs, it is binding and allows the estate to close privately without a court audit. · Estate Planning & Administration
Fiduciary
A person or institution with a legal duty to act in the best interest of another. Includes executors, administrators, guardians, trustees, receivers, committees, and assignees for the benefit of creditors. A fiduciary who breaches this duty may face a surcharge action in Orphans' Court. 20 Pa.C.S. § 102 (definition); §§ 7771 to 7780 (duties of trustees). · Estate Planning & Administration
Filial Support
Pennsylvania's law requiring adult children to support indigent parents who cannot maintain themselves. Nursing homes and care facilities can sue adult children directly for unpaid bills under 23 Pa.C.S. § 4603. One of the few states where this obligation is actively enforced. · Elder Law & Medicaid Planning
First-Party Benefits (No-Fault)
Coverage on your own Pennsylvania auto policy that pays your medical bills after a crash regardless of who was at fault (75 Pa.C.S. § 1711), with optional coverage for lost wages. Because this coverage is no fault, it pays even when the accident was your own. · Litigation
Forced Pooling
A legal mechanism that combines separate tracts into one drilling unit, sometimes without every owner's agreement. In Pennsylvania it is authorized only for certain deep wells, so Marcellus shale gas cannot be force pooled. A company can pool a Marcellus tract only if the landowner signed a pooling clause in the lease. · Oil, Gas & Mineral Rights
Formal Accounting
A detailed statement, filed with the court, in which an executor, administrator, trustee, or guardian reports every asset received, every payment made, and every proposed distribution. It is placed on the court's audit list and reviewed by the Orphans' Court. A beneficiary who is refused information can petition the court to compel one. · Orphans' Court & Fiduciary Litigation
G
Garnishment
A collection method that seizes money owed to a debtor, most often funds in a bank account. Pennsylvania broadly protects wages from garnishment for ordinary debts (42 Pa.C.S. § 8127), so a paycheck usually cannot be reached to satisfy a typical judgment. · Litigation
Gift Tax
A federal tax on transfers of property for less than full value during the transferor's lifetime. The annual exclusion ($19,000 per recipient in 2026) and the lifetime exemption ($15 million per person in 2026, permanently set by the One Big Beautiful Bill Act) reduce or eliminate the tax for most donors. Pennsylvania does not impose a separate state gift tax. · Estate Planning & Administration
Grantee
The person or entity receiving an interest in real property by deed. In a typical sale, the grantee is the buyer. See Types of Deeds in Pennsylvania. · Real Estate & Property Law
Grantor
The person or entity transferring an interest in real property by deed. In a typical sale, the grantor is the seller. Also used in trust law to describe the person who creates a trust (also called a settlor or trustor). See Types of Deeds in Pennsylvania. · Real Estate & Property Law
Grantor Trust
A trust where the grantor retains certain powers causing all trust income to be taxed to the grantor personally rather than to the trust. All revocable trusts are grantor trusts by default. Pennsylvania Act 64 of 2023 conformed the state's treatment of grantor trusts to the federal rules for state personal income tax purposes, effective for tax years beginning January 1, 2025. · Estate Planning & Administration
Guaranteed Minimum Royalty Act (GMRA)
A Pennsylvania statute (58 P.S. § 33.3) that makes an oil and gas lease invalid unless it guarantees the landowner a royalty of at least one eighth, or 12.5 percent, of all oil and gas produced. One eighth is a floor, not a ceiling; landowners can negotiate a higher share. · Oil, Gas & Mineral Rights
Guardian
A person appointed by the Orphans' Court to make personal and/or financial decisions for an incapacitated adult or minor. Can be plenary (full authority) or limited (specific powers). 20 Pa.C.S. Chapter 55. See Guardianship of Incapacitated Persons and Guardianship vs. Power of Attorney. · Elder Law & Medicaid Planning
H
Habendum Clause
The term clause of an oil and gas lease. It sets how long the lease lasts, usually a fixed primary term followed by a secondary term that continues for so long as the well produces. Small differences in its wording decide whether a lease expires on schedule or holds for decades. · Oil, Gas & Mineral Rights
Half-a-Loaf Strategy
A Medicaid crisis-planning technique in which a person gives away part of their assets and keeps the rest, then uses the retained portion to pay privately for care during the resulting transfer penalty period. It can preserve some wealth when advance planning was not done. · Elder Law & Medicaid Planning
Hearing Officer (Master)
A court-appointed official, formerly called a master, who takes testimony and evidence in contested support, alimony, and property-division matters and then files a report recommending how the court should rule. Either party can file exceptions to that report within the deadline, and a judge makes the final decision. · Family Law & Domestic Relations
Hills and Ridges Doctrine
A Pennsylvania rule that a property owner is not liable for a fall on a natural, general accumulation of snow or ice. Liability arises only when the snow or ice has formed into ridges or uneven hardened patches that the owner allowed to remain for an unreasonable time. · Litigation
Homeowners Association (HOA)
An organization that manages a planned community or condominium and enforces its governing documents (declaration, bylaws, and rules). Pennsylvania's Uniform Planned Community Act (68 Pa.C.S. Chapter 53) and Uniform Condominium Act (68 Pa.C.S. Chapter 33) govern HOA authority and homeowner rights. · Real Estate & Property Law
I
Imputed Income (Earning Capacity)
Income a court assigns to a parent or spouse based on what they could reasonably earn, rather than what they actually earn, when the court finds they are voluntarily unemployed or underemployed. For example, a parent who quits a job to avoid support may have support calculated on the higher salary they could still earn. · Family Law & Domestic Relations
In Loco Parentis
Latin for in the place of a parent. It describes a non-parent, often a grandparent, stepparent, or partner, who has taken on parental duties for a child with the consent and encouragement of the natural parent. Standing in loco parentis can give that person the legal standing to seek custody (23 Pa.C.S. § 5324). · Family Law & Domestic Relations
Incapacitated Person
An adult whose ability to receive and evaluate information effectively and communicate decisions is so impaired that they are partially or totally unable to manage their financial resources or meet essential health and safety needs. Formerly called 'incompetent' under prior law. (20 Pa.C.S. § 5501) · Elder Law & Medicaid Planning
Indemnification
A contract promise by one party to cover the other party's losses, costs, or legal liability if a specified problem arises. In a business sale, indemnification terms decide who pays if a promise about the business turns out to be untrue. · Business & Corporate Law
Inheritance Tax (Pennsylvania)
Pennsylvania's tax on assets transferred at death, imposed on the beneficiary based on their relationship to the decedent. Rates: 0% (surviving spouse), 4.5% (lineal descendants and ancestors), 12% (siblings), 15% (all other beneficiaries). (72 P.S. § 9116) Due within 9 months of death; a 5% discount applies if paid within 3 months. (72 P.S. § 9136; § 9142) · Estate Planning & Administration
Injunction (Injunctive Relief)
A court order requiring someone to stop doing something, or less often to do something, rather than simply pay money. In business disputes it is used to halt the disclosure of a trade secret or to freeze assets, often on an emergency basis early in the case. · Civil Litigation & Business Disputes
Inter Vivos
Latin for 'between the living.' Refers to transfers or trusts created during a person's lifetime, as opposed to testamentary dispositions that take effect at death. An inter vivos trust is a living trust. (20 Pa.C.S. § 7731(1)) · Estate Planning & Administration
Interrogatories
Written questions sent to an opposing party during discovery, which must be answered under oath within 30 days. Governed by Pa.R.C.P. 4005. Limited to specific topics relevant to the case. · Civil Litigation & Business Disputes
Intestate
Dying without a valid will. Assets pass according to Pennsylvania's intestacy statute (20 Pa.C.S. §§ 2101 to 2114) based on your family structure. For example, if you die with a surviving spouse and children who are also the spouse's children, the spouse receives the first $30,000 plus half of the balance; the children split the rest. See Intestacy: What Happens Without a Will. · Estate Planning & Administration
Irrevocable Life Insurance Trust (ILIT)
A trust created to own a life insurance policy outside the insured's taxable estate, removing the proceeds from both federal estate tax and Pennsylvania inheritance tax. The trust must be irrevocable, properly funded, and the grantor must survive at least three years after transferring the policy. · Estate Planning & Administration
Irrevocable Trust
A trust that generally cannot be modified or revoked by the grantor after creation. Used for asset protection, Medicaid planning, tax reduction, and other purposes. The grantor gives up control of assets transferred into the trust. Can be modified in limited circumstances through decanting, court modification, or consent of all beneficiaries. · Estate Planning & Administration
J
Joint and Several Liability
A rule that lets an injured person collect the whole judgment from any one defendant who is jointly responsible, even if that defendant was only partly at fault. Pennsylvania now limits this mostly to defendants found at least 60 percent at fault. · Litigation
Joint Tenancy
A form of co-ownership where two or more persons hold property with an equal right to enjoy it during their lifetimes, and with a right of survivorship; the surviving owner(s) automatically inherit the deceased owner's share. Compare with tenants in common and tenants by the entireties. · Real Estate & Property Law
Judicial Dissolution
A court order forcing a business to shut down and liquidate. In Pennsylvania a member or shareholder can petition for it when the owners are deadlocked or when those in control act illegally, fraudulently, or oppressively and continuing the business is no longer reasonably practicable. Courts treat it as a last resort. · Business & Corporate Law
Just Compensation
The payment the government constitutionally owes when it takes private property through eminent domain, measured by the property's fair market value. When only part of a property is taken, it also includes severance damages, the loss in value to the portion that remains. · Real Estate & Property Law
L
Laches
An equitable defense that bars a claim when the plaintiff unreasonably delayed in asserting their rights and the delay caused prejudice to the defendant. Common in partition and property disputes. · Civil Litigation & Business Disputes
Lease Bonus
The up-front, per-acre payment a landowner receives for signing an oil and gas lease, separate from later royalties. It is often paid by a bank draft with a title-examination period, and companies sometimes cancel that draft if the market cools or a title question arises. Whether the bonus can be enforced turns on the fine print of the draft. · Oil, Gas & Mineral Rights
Legal Custody and Physical Custody
The two parts of child custody. Legal custody is the right to make major decisions about a child's life, including education, health care, and religion, and can be sole or shared. Physical custody is where the child actually lives and can be primary, shared, partial, or sole (23 Pa.C.S. § 5322). A parent can have one without the other. · Family Law & Domestic Relations
Lemon Law
Consumer protection law covering defective vehicles. Pennsylvania's state lemon law (73 P.S. § 1951 et seq.) covers new vehicles with substantial defects. Bucks County Ordinance No. 168 is the first county-level used car lemon law in Pennsylvania, providing additional protections for used vehicle buyers. · Civil Litigation & Business Disputes
Letters C.T.A.
Cum testamento annexo. 'with the will annexed.' Issued when there is a valid will but the named executor cannot or will not serve. The administrator c.t.a. follows the will's terms but is appointed by the Register. · Estate Planning & Administration
Letters D.B.N.
De bonis non. 'of goods not administered.' Issued when the original personal representative dies, resigns, or is removed before the estate is fully administered. The d.b.n. administrator completes the remaining administration. · Estate Planning & Administration
Letters D.B.N.C.T.A.
De bonis non cum testamento annexo, the combination. There is a will, the original executor can no longer serve, and the estate is not yet complete. The most common successor appointment in practice. · Estate Planning & Administration
Letters Durante Absentia
Temporary letters issued when the person entitled to administer is absent from the Commonwealth. The durante absentia administrator serves until the absent person returns and qualifies. · Estate Planning & Administration
Letters Durante Minoritate
Temporary letters issued when the person entitled to serve as personal representative is a minor (under 18). The administrator serves until the minor reaches the age of majority. · Estate Planning & Administration
Letters Testamentary
The official document issued by the Register of Wills authorizing the executor named in the will to act on behalf of the estate. You will need certified copies (short certificates) to transact business with banks, brokerages, and title companies. · Estate Planning & Administration
Lien
A legal claim or charge on property as security for a debt or obligation. Common types in PA include judgment liens, mechanic's liens, tax liens, and mortgage liens. Lien priority generally follows a first-in-time rule, with exceptions for purchase money mortgages. · Real Estate & Property Law
Life Estate
An ownership interest in real property that lasts only for the holder's lifetime. The life tenant has the right to use, occupy, and enjoy the property; at death, ownership passes automatically to the designated remainderman without probate. Commonly used in Medicaid planning and intergenerational property transfers. · Real Estate & Property Law
Limited Tort and Full Tort
A choice on every Pennsylvania auto insurance policy (75 Pa.C.S. § 1705). Full tort lets you sue an at-fault driver for pain and suffering after any injury. Limited tort costs less but bars a pain-and-suffering recovery unless your injury is serious or a statutory exception applies. Many drivers do not know which option they selected until after a crash. · Litigation
Lis Pendens
Latin for 'suit pending.' A recorded notice that a lawsuit has been filed affecting title to real property. Warns potential buyers or lenders that the property is subject to litigation. Referenced in 20 Pa.C.S. § 3390; § 3546. · Real Estate & Property Law
Living Will
An advance directive specifying which life-sustaining medical treatments a person does or does not want if they become terminally ill or permanently unconscious and are unable to communicate. In Pennsylvania, governed by 20 Pa.C.S. Chapter 54. Distinguished from a 'living trust,' which is an estate planning tool. See Healthcare Directives & Living Wills. · Estate Planning & Administration
Lookback Period (Medicaid)
The 60-month (5-year) period before a Medicaid long-term care application during which all asset transfers are reviewed. Transfers made for less than fair market value during this period result in a penalty period of Medicaid ineligibility, calculated by dividing the uncompensated value by the average monthly cost of nursing home care. · Elder Law & Medicaid Planning
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Magisterial District Court (MDJ)
Pennsylvania's local trial court, handling small civil claims up to $12,000, landlord-tenant cases, and summary criminal offenses. There is no jury; an elected Magisterial District Judge decides the case, and either side can appeal for a new trial in the Court of Common Pleas. · Litigation
Marital Property
All property acquired by either spouse during the marriage, plus the increase in value of certain nonmarital property. Excludes property acquired before marriage, by gift or inheritance, after final separation, or excluded by valid agreement. Subject to equitable distribution in divorce. (23 Pa.C.S. § 3501) · Family Law & Domestic Relations
Mechanic's Lien
A lien filed by a contractor, subcontractor, or supplier against real property for unpaid work or materials. Must be filed within 6 months of project completion. 49 P.S. § 1101 et seq.· Real Estate & Property Law
Mediation
A voluntary, non-binding method of resolving disputes with the help of a neutral third party (mediator). The mediator facilitates negotiation but does not make decisions. Common in divorce, custody, and business disputes. · Civil Litigation & Business Disputes
Medicaid (Long-Term Care)
A joint federal and state program providing health coverage for low-income individuals, including coverage for nursing home and long-term care. In Pennsylvania, eligibility for long-term care Medicaid requires meeting strict asset and income limits. Planning strategies must account for the 5-year lookback period and Pennsylvania's estate recovery program. · Elder Law & Medicaid Planning
Millage (Mill Rate)
The property tax rate, expressed in mills, where one mill equals one dollar of tax for every one thousand dollars of assessed value. A property's tax bill is its assessed value multiplied by the combined county, municipal, and school district millage. · Real Estate & Property Law
The minimum monthly income the healthy at-home spouse is allowed to keep when the other spouse is on Medicaid for nursing care. If the at-home spouse's own income falls below this floor, part of the institutionalized spouse's income can be shifted to make up the difference. · Elder Law & Medicaid Planning
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Negligence
The failure to exercise reasonable care, resulting in harm to another person. A plaintiff must prove four elements: duty, breach, causation, and damages. Pennsylvania follows a modified comparative negligence rule (51% bar). · Litigation
No-Contest Clause (In Terrorem)
A provision in a will or trust that penalizes a beneficiary who challenges the document, typically by revoking their inheritance. Pennsylvania courts enforce these clauses but may excuse challenges brought with probable cause. · Estate Planning & Administration
Non-Compete Agreement
A restrictive covenant in which one party (usually an employee or business seller) agrees not to engage in competing business activities for a specified time and geographic area. Pennsylvania courts enforce non-competes if they are supported by adequate consideration and are reasonably limited in scope, duration, and geography. · Business & Corporate Law
Non-Solicitation Agreement
A contract that bars a departing employee from soliciting the company's customers, clients, or other employees for a period of time. It is narrower than a non-compete because it does not stop the person from working, only from targeting specific relationships, and Pennsylvania courts enforce it more readily. · Business & Corporate Law
Nonconforming Use
A lawful land use that existed before a zoning change made it noncompliant. Pennsylvania's Municipalities Planning Code protects prior lawful nonconforming uses from being eliminated by subsequent zoning amendments. · Real Estate & Zoning
Notice to Creditors
The published legal notice, run once a week for three weeks in a newspaper and the county legal journal, telling creditors that an estate has been opened and that they must present their claims. Completing this advertisement starts a one-year period, after which the personal representative can distribute the estate with protection from unknown creditor claims. · Estate Planning & Administration
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Open Mine Doctrine
A Pennsylvania rule that decides whether a life tenant or the remaindermen keep gas royalties. If a well was already open and producing when the life estate began, the life tenant may keep the royalty income. If no well was producing when the life estate started, the royalties are treated as principal belonging to the remaindermen. The date the first well went into production controls. · Oil, Gas & Mineral Rights
Operating Agreement
The governing document for a limited liability company (LLC) that defines the rights, duties, and obligations of its members and managers. Covers ownership percentages, profit distribution, voting, management structure, and dissolution procedures. · Business & Corporate Law
Orphans' Court
The division of the Court of Common Pleas that handles estates, trusts, guardianships, and related matters. In Bucks County, the Orphans' Court adjudicates will contests, estate and trust accountings, fiduciary surcharge actions, guardianships of incapacitated persons, adoptions, and trust modifications. · Orphans' Court & Fiduciary Litigation
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Partition
A legal action to force the sale or division of co-owned real property. Any co-owner can file at any time without the consent of other owners. See Partition Actions and Co-Ownership Disputes Beyond Partition. · Real Estate & Property Law
Pass-Through Taxation
A tax treatment in which the business itself pays no income tax and its profits and losses instead pass through to the owners, who report them on their personal returns. LLCs, partnerships, and S corporations are taxed this way, which avoids the double taxation that C corporations face. · Business & Corporate Law
Per Capita
A method of distributing an estate where all living beneficiaries at the same generational level share equally. Latin for 'by the head.' Unlike per stirpes, if a beneficiary predeceases the testator, their share is redistributed among the remaining beneficiaries at that level rather than passing to their children. Compare with per stirpes. · Estate Planning & Administration
Per Stirpes
A method of distributing an estate where a deceased beneficiary's share passes down to their children equally. Latin for 'by the branch.' If your child predeceases you, their share goes to their children, not to your other children. · Estate Planning & Administration
Personal Guarantee
A promise by a business owner to be personally responsible for a business obligation, such as a lease or loan, if the company does not pay. It bypasses the liability protection of the LLC or corporation and puts the owner's personal assets at risk. Landlords and lenders frequently require one. · Business & Corporate Law
Personal Representative
Generic term for the person administering an estate, whether an executor (named in the will) or administrator (appointed by the court). Must take an oath (20 Pa.C.S. § 3161), post bond unless waived (§§ 3171 to 3175), and may be removed for cause (§ 3182). 20 Pa.C.S. § 102 (definition). See Executor Duties & Personal Liability. · Estate Planning & Administration
Pet Trust
A trust created to provide for the care of one or more animals during the animal's lifetime. Authorized by 20 Pa.C.S. § 7738, enforceable by the designated caretaker, any person with an interest in the animal's welfare, or by the court. Terminates when the last covered animal dies. · Estate Planning & Administration
Piercing the Corporate Veil
A court's decision to disregard the legal separation between a business and its owners, allowing creditors to reach the owners' personal assets for the company's debts. It usually happens when owners fail to keep the business genuinely separate, for example by mixing personal and company funds or ignoring required records. · Business & Corporate Law
Post-Production Costs
The expenses of turning raw gas at the wellhead into a marketable product and moving it to the buyer, including gathering, compression, dehydration, processing, and transportation. Depending on the lease wording, a producer may charge the landowner's royalty a share of these costs, which is why a royalty check is often smaller than one eighth of the headline sale price. · Oil, Gas & Mineral Rights
Pour-Over Will
A short will used alongside a revocable living trust. It pours any asset that was never retitled into the trust during life into the trust at death, so the trust's terms still control that asset. It is a safety net, not a substitute for funding the trust during life. · Estate Planning & Administration
Power of Attorney
A legal document authorizing another person (agent) to act on your behalf in financial or legal matters. 'Durable' means it survives your incapacity. In Pennsylvania, governed by 20 Pa.C.S. Chapter 56. See Powers of Attorney and Advanced Issues. · Estate Planning & Administration
Praecipe
A written request filed with the court directing the clerk or prothonotary to take a specific action, such as entering judgment, scheduling a hearing, or issuing a writ. Common in PA court practice. · Civil Litigation & Business Disputes
Preliminary Objections
Pennsylvania's equivalent of a motion to dismiss. Filed in response to a complaint, they challenge the legal sufficiency of the pleading (demurrer), lack of jurisdiction, improper venue, or other defects. Must be filed within 20 days. (Pa.R.C.P. 1028) · Civil Litigation & Business Disputes
Premises Liability
The area of law governing injuries caused by unsafe conditions on property. What the owner owes you depends on your status: an invitee, such as a store customer, is owed the highest duty of care, a licensee such as a social guest less, and a trespasser almost none. · Litigation
Prenuptial Agreement
A contract between prospective spouses made in contemplation of marriage that governs rights and obligations regarding property, support, and other matters in the event of divorce or death. Governed by 23 Pa.C.S. §§ 3103 to 3106. Enforceable if entered voluntarily with reasonable financial disclosure. · Family Law & Domestic Relations
Prescriptive Easement
A right to use someone else's land that a person acquires by using it openly, continuously, and without permission for 21 years. Unlike adverse possession, it does not transfer ownership of the land; it establishes only a permanent right to continue the particular use, such as crossing a neighbor's property to reach a road. · Real Estate & Property Law
Pretermitted Child
A child born or adopted after a will is executed who is not provided for in the will. Under 20 Pa.C.S. § 2507(4), a pretermitted child may receive the share they would have received under intestacy, unless the will shows an intent to disinherit or the testator provided for the child outside the will. · Estate Planning & Administration
Primary Term and Secondary Term
The two stages of an oil and gas lease. The primary term is a fixed window, often five years, during which the company may drill but is not required to. The secondary term is open ended and keeps the lease alive for so long as the well produces. Whether a lease has crossed from the primary into the secondary term is the central issue in most lease disputes. · Oil, Gas & Mineral Rights
Probate
The legal process of administering a deceased person's estate: validating the will, granting authority to the executor, paying debts and taxes, and distributing assets to beneficiaries. In Pennsylvania, probate is handled by the county Register of Wills. Not all assets go through probate; jointly held property, beneficiary-designated accounts, and trust assets pass outside the process. See Do I Need Probate? and Step-by-Step: The Probate Process in Bucks County. · Estate Planning & Administration
Product Liability
Legal responsibility of manufacturers, distributors, and sellers for injuries caused by defective products. Pennsylvania recognizes claims based on strict liability (402A), negligence, and breach of warranty. · Litigation
Production in Paying Quantities
The standard that keeps an oil and gas lease alive during its secondary term. It does not require a large well, only that the well returns some profit over its operating costs, judged by whether a reasonable operator acting in good faith would keep it running. A brief or marginal loss does not automatically end the lease. · Oil, Gas & Mineral Rights
Protection From Abuse (PFA)
An emergency court order protecting victims of domestic violence. Can order the abuser to stay away, leave the home, and surrender firearms. 23 Pa.C.S. §§ 6101 to 6122. Free to file. · Family Law & Domestic Relations
Prothonotary
The elected clerk who keeps the civil records of a Pennsylvania Court of Common Pleas. This is the office where lawsuits, judgments, and similar civil filings are filed and where judgment liens are indexed. It is the civil-side counterpart to the Clerk of Courts, which handles criminal matters. · Litigation
Prudent Investor Rule
The standard requiring a trustee or personal representative to invest and manage assets with the care, skill, and caution a prudent investor would use, considering the overall strategy and generally diversifying holdings. It bars speculation and leaving large sums of cash idle for long periods. · Estate Planning & Administration
Pugh Clause
A negotiated lease clause that releases the acreage a company is not actually developing, so a single producing well cannot hold your entire tract under lease. It is not part of a company's standard lease form unless the landowner asks for it. · Oil, Gas & Mineral Rights
Punitive Damages
Money awarded to punish especially reckless or outrageous conduct rather than to compensate a specific loss. In Pennsylvania they require conduct far worse than ordinary negligence and are awarded only rarely. · Litigation
Purchase Money Mortgage
A mortgage given by the buyer to the seller as part of the purchase price. Has automatic first-lien priority under 42 Pa.C.S. § 8141. · Real Estate & Property Law
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QDRO
Qualified Domestic Relations Order. A court order required to divide employer-sponsored retirement plans (401k, pension) in a divorce without tax penalties. · Family Law & Domestic Relations
Qualified Beneficiary
A statutory subset of trust beneficiaries who are entitled to notice, information, and reports from the trustee and who have standing to enforce the trust. It generally includes current beneficiaries and those next in line to receive if the current interests end. Defined under Pennsylvania's Uniform Trust Act. · Orphans' Court & Fiduciary Litigation
Quiet Title
A legal action filed to establish ownership of real property and remove any competing claims, liens, or clouds on title. In Pennsylvania, governed by Pa.R.C.P. 1061 to 1068. Often used in conjunction with adverse possession claims. · Real Estate & Property Law
Quitclaim Deed
A deed that transfers whatever interest the signer happens to have in a property, with no warranty that the title is good or even that the signer owns anything. It is common for family transfers, adding or removing a spouse, or clearing a title question, but it should not be accepted from a seller in an ordinary purchase. · Real Estate & Property Law
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Realty Transfer Tax
A tax imposed on the transfer of real property. Pennsylvania imposes a 1% state tax; municipalities and school districts may impose additional local taxes (typically an additional 1% in Bucks County for a combined 2% rate). Numerous statutory exemptions exist for transfers between family members, to trusts, and other qualifying transactions. (72 P.S. § 8101-C et seq.) · Real Estate & Property Law
Recording
The act of filing a deed, mortgage, lien, or other document with the county Recorder of Deeds to provide public notice of the transaction. Pennsylvania follows a 'race-notice' recording statute; an unrecorded deed is vulnerable to a later purchaser who records first without knowledge of the prior transfer. · Real Estate & Property Law
Register of Wills
The county office that handles probate. It accepts wills for filing, admits them to probate, and issues Letters Testamentary or Letters of Administration to the personal representative. Each Pennsylvania county has its own Register of Wills, and the office also collects the initial inheritance tax payment. It is distinct from the Orphans' Court, which decides disputes and reviews accountings. · Estate Planning & Administration
Relocation (Custody)
When a custodial parent seeks to move a significant distance with their child. Under 23 Pa.C.S. § 5337, the relocating parent must provide 60 days' advance notice and obtain consent or court approval before moving. · Family Law
Remainder Interest
A future ownership interest in property that takes effect after a prior interest (such as a life estate or trust term) ends. The holder of a remainder interest is called the remainderman. Often created in life estate deeds and trusts to control who receives property after the current holder's interest terminates. · Real Estate & Property Law
Representations and Warranties
The factual promises each side makes in a purchase agreement about the business being sold, covering matters such as its finances, contracts, liabilities, and lawsuits. If one turns out to be false, the indemnification terms decide who bears the loss, which is why these are usually the most negotiated part of a deal. · Business & Corporate Law
Revocable Trust (Living Trust)
A trust that the grantor can modify, amend, or revoke during their lifetime. Becomes irrevocable at the grantor's death. Avoids probate for assets properly funded into the trust, but does not avoid Pennsylvania inheritance tax. The most common estate planning trust structure. · Estate Planning & Administration
Royalty (Oil and Gas)
The landowner's ongoing share of the value of the oil or gas a well produces, paid by the producer. Pennsylvania guarantees a minimum royalty of one eighth, or 12.5 percent, of production, though the share is often valued at the wellhead and reduced by allowed post-production costs before payment. It is separate from the up-front lease bonus and from delay rentals. · Oil, Gas & Mineral Rights
Rule of Capture
The long-standing rule that oil and gas migrate underground, so a company drilling entirely on a neighboring property is generally not liable simply because gas flows toward its well from beneath your land. Pennsylvania has confirmed that the rule applies to modern hydraulic fracturing. The usual response is to lease and develop your own tract rather than sue. · Oil, Gas & Mineral Rights
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Self-Dealing
When a fiduciary such as an executor, trustee, or agent uses the position for personal benefit, for example by buying estate or trust property for themselves without authorization or court approval. It is a breach of duty that can make the fiduciary personally liable, even if the price paid was fair. · Orphans' Court & Fiduciary Litigation
Self-Employment Tax
The Social Security and Medicare tax, roughly 15.3 percent, that self-employed people and most LLC owners pay on their business profits, covering both the employer and employee shares. Electing S corporation treatment can reduce it, because only the owner's salary, not the remaining distributions, is subject to it. · Business & Corporate Law
Self-Proving Will
A will with an attached notarized affidavit (under 20 Pa.C.S. § 3132.1) that eliminates the need to produce witnesses at probate. Dramatically simplifies the probate process. · Estate Planning & Administration
Serious Injury (Limited-Tort Threshold)
The level of injury a limited-tort policyholder must show before recovering for pain and suffering: death, serious impairment of a body function, or permanent serious disfigurement (75 Pa.C.S. § 1702). Courts decide it case by case, and minor soft-tissue injuries often do not qualify. · Litigation
Setback (Oil and Gas Well)
The minimum legal distance a gas well must be kept from a home, water well, or public water supply. For unconventional shale wells, Pennsylvania law (58 Pa.C.S. § 3215) generally requires at least 500 feet from a building or private water well and 1,000 feet from a public water supply. A setback can be waived by written consent, which is sometimes buried in an old lease. · Oil, Gas & Mineral Rights
Settlor
A person, including a testator, who creates or contributes property to a trust. If more than one person contributes, each is a settlor of their portion except to the extent another person has the power to revoke or withdraw that portion. (20 Pa.C.S. § 7703) · Estate Planning & Administration
Severed Mineral Estate
In Pennsylvania the oil and gas beneath a parcel can be legally split off from the surface and owned by a different person. Once the minerals are severed from the surface, the two become separate estates, and that split stays in place permanently until someone deeds the minerals back. A person can own and pay taxes on the surface while someone else owns the gas below it. · Oil, Gas & Mineral Rights
Short Certificate
A certified copy of Letters Testamentary or Letters of Administration. Banks, insurance companies, and title companies require short certificates to transact estate business. In Bucks County, each short certificate costs $15. Order several when you open the estate; you will need them. · Estate Planning & Administration
Small Estate Collection
Methods of handling a decedent's assets without full probate administration. Under § 3101, certain institutions can pay out small amounts directly to family (bank deposits up to $20,000 per institution, wages up to $10,000, insurance up to $11,000). Under § 3102, the Orphans' Court can order distribution of an entire estate when gross personal property does not exceed $50,000. (20 Pa.C.S. §§ 3101 to 3102) · Estate Planning & Administration
Special Exception
A land use that a zoning ordinance already permits in a district, but only if the applicant proves to the Zoning Hearing Board that the proposal meets the specific conditions the ordinance lists. Unlike a variance, it does not require proof of hardship, and unlike a conditional use, it is decided by the Zoning Hearing Board rather than the governing body. · Real Estate & Zoning
Special Needs Trust (SNT)
A trust designed to hold assets for a disabled beneficiary without disqualifying them from means-tested public benefits such as SSI and Medicaid. Three main types: first-party (d)(4)(A) trusts funded with the beneficiary's own assets, third-party trusts funded by family, and pooled trusts managed by nonprofit organizations. · Elder Law & Medicaid Planning
Spendthrift Provision
A term of a trust that restrains both voluntary and involuntary transfer of a beneficiary's interest. Prevents creditors from reaching trust assets before distribution, with limited exceptions for child support and certain other claims. (20 Pa.C.S. § 7703; § 7742) · Estate Planning & Administration
Spousal Support
Financial payments from one spouse to another. Pennsylvania recognizes three forms: spousal support (during separation before filing), alimony pendente lite (during divorce proceedings), and alimony (after divorce). · Family Law
Springing Power of Attorney
A power of attorney that does not take effect when signed but springs into effect later upon a defined event, usually the principal's incapacity confirmed by physicians. In practice it can cause delays, because a third party must first verify that the triggering condition has occurred. · Estate Planning & Administration
Standing
The legal right to bring a particular case to court, based on having a real and direct interest in the outcome. In estate and trust disputes, a person generally must be a beneficiary or heir who would gain or lose from the result in order to sue; a remote or speculative interest is not enough. · Civil Litigation & Business Disputes
Statement of Value (REV-183)
Pennsylvania form REV-183, filed with a deed at the Recorder of Deeds, that reports the property's value and the basis for any realty transfer tax exemption being claimed. Even a fully exempt transfer must file it, and failing to file it or claiming the wrong exemption can result in the full tax plus interest. · Real Estate & Property Law
Statute of Limitations
The legal deadline for filing a lawsuit. Varies by claim type in Pennsylvania: 2 years for personal injury, wrongful death, and fraud or deceit (42 Pa.C.S. § 5524), 4 years for most contract claims (§ 5525), and a residual 6-year period for actions not otherwise limited (§ 5527). Missing the deadline permanently bars the claim. · Civil Litigation & Business Disputes
Statute of Repose
An absolute outer deadline that bars a claim after a set number of years measured from an event, such as the completion of construction, even if the harm has not yet been discovered. Pennsylvania has one for construction defects, generally 12 years (42 Pa.C.S. § 5536). It can cut off a claim before the injury even occurs. · Litigation
Stepped-Up Basis
The adjustment of an inherited asset's tax basis to its fair market value at the date of the decedent's death. This eliminates capital gains tax on any appreciation that occurred during the decedent's lifetime. Applies to most assets included in the decedent's estate and is a major tax benefit of holding appreciated property until death. · Estate Planning & Administration
Strict Liability
Legal responsibility that attaches without proof that the defendant was careless. If a dog bites you or a defective product injures you, the owner or manufacturer can be liable simply because it happened, without any showing of negligence. · Litigation
Summary Judgment
A court ruling that resolves a case (or an issue in a case) without a full trial because there is no genuine dispute of material fact and one party is entitled to judgment as a matter of law. (Pa.R.C.P. 1035.1 to 1035.5) · Civil Litigation & Business Disputes
Summary Offense
The lowest grade of criminal charge in Pennsylvania, carrying up to 90 days in jail (18 Pa.C.S. § 106) but usually only a fine. It is still a criminal matter that can appear on a background check, which is why even a citation is worth taking seriously. · Litigation
Surcharge
A legal action in Orphans' Court to hold a fiduciary personally liable for losses caused by breach of fiduciary duty. The petitioner must prove: (1) the fiduciary had a duty, (2) the fiduciary breached it, and (3) the breach caused a loss to the estate or trust. See What Is a Surcharge?. · Orphans' Court & Fiduciary Litigation
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Tax Sale
A forced sale of real property to satisfy delinquent property taxes, conducted by the county Tax Claim Bureau. In Bucks County, includes upset sales (property sold subject to existing liens and mortgages) and judicial or free-and-clear sales (most liens extinguished). Governed by the Real Estate Tax Sale Law (72 P.S. § 5860.101 et seq.). · Real Estate & Property Law
Tenants by the Entireties
A form of co-ownership available only to married couples. Neither spouse can sell or encumber without the other's consent. Creditor of one spouse cannot attach the property. · Real Estate & Property Law
Tenants in Common
The default form of co-ownership in Pennsylvania, in which each owner holds a separate, undivided share that can be unequal, sold, or left by will. Unlike joint tenancy or tenancy by the entireties, there is no right of survivorship, so when a tenant in common dies, that share passes through their estate rather than to the other owners. · Real Estate & Property Law
Termination of Parental Rights
A court order permanently ending a parent's legal rights and duties toward a child, which usually must occur before the child can be adopted by someone new. It can be voluntary, by signed consent, or involuntary, proven by clear and convincing evidence of statutory grounds such as abandonment or repeated abuse (23 Pa.C.S. § 2511). · Family Law & Domestic Relations
Testamentary
Relating to or contained in a will. A testamentary trust is created by the terms of a will and takes effect upon the testator's death, as opposed to an inter vivos (living) trust. · Estate Planning & Administration
Testamentary Capacity
The mental soundness a person must have when signing a will. They must understand what property they own, who their natural heirs are, and that they are making a will that directs where their property goes. A lack of testamentary capacity is a common basis for a will contest. · Estate Planning & Administration
Testator
A person who has made a valid will. If the testator dies, the will governs the distribution of their probate estate. In Pennsylvania, decedent means either a testator or a person dying intestate. 20 Pa.C.S. § 102. See Last Wills & Testaments in Pennsylvania. · Estate Planning & Administration
Title Insurance
An insurance policy that protects the owner or lender against financial loss from defects in title to real property, including undisclosed liens, recording errors, forgery, and competing claims. In PA, title searches are conducted before closing to identify potential issues. · Real Estate & Property Law
Title Washing
A historical quirk in which a severed oil and gas interest was wiped out and merged back with the surface at a tax sale before 1948, because the mineral estate had never been separately assessed and taxed. The Real Estate Tax Sale Law ended it going forward, so the issue arises only with tax sales before that date. · Oil, Gas & Mineral Rights
Trade Secret
Confidential business information that derives economic value from not being generally known. Pennsylvania adopted the Uniform Trade Secrets Act (12 Pa.C.S. §§ 5301 to 5308), providing remedies for misappropriation including injunctions and damages. · Business Law
Transfer Penalty (Medicaid)
A period of Medicaid ineligibility imposed when an applicant gave away or sold assets for less than fair value during the five-year lookback. The length is calculated by dividing the amount transferred by the state's average monthly nursing home cost, and the applicant must pay privately for care during that time. · Elder Law & Medicaid Planning
Treble Damages
A court award of up to three times a plaintiff's actual damages, available under laws such as the Unfair Trade Practices and Consumer Protection Law and the Home Improvement Consumer Protection Act. It is meant to punish and deter, and it can make even a small consumer claim worth pursuing. · Litigation
Trial De Novo
A completely new trial in a higher court that starts the case over from the beginning, as if the earlier decision never happened. It is the usual way to appeal from a Magisterial District Court or from compulsory arbitration in Pennsylvania. · Litigation
Trust Protector
A person given specific powers over a trust, such as the authority to modify terms, remove or replace trustees, redirect distributions, or veto certain trustee decisions. Pennsylvania's Uniform Trust Act (20 Pa.C.S. Chapter 77) authorizes directed trusts with trust protectors and trust directors. · Estate Planning & Administration
Trustee
A person or institution that holds and manages property for the benefit of another (the beneficiary). Includes original, additional, successor, and co-trustees. Owes fiduciary duties of care and loyalty. (20 Pa.C.S. § 7703) · Estate Planning & Administration
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UCCJEA (Uniform Child Custody Jurisdiction and Enforcement Act)
The law that decides which state has authority over a child custody case when the parents live in different states. Generally the child's home state, where the child has lived for the last six months, controls, and the court that entered an order usually keeps the power to modify it as long as a parent or the child still lives there. · Family Law & Domestic Relations
Unconventional Well
A well that produces gas from a deep shale formation such as the Marcellus and requires hydraulic fracturing, as opposed to a conventional well that draws from a shallower, more permeable reservoir. Pennsylvania law applies different setback distances, water-supply presumptions, and royalty-disclosure rules depending on which type of well is involved. · Oil, Gas & Mineral Rights
Undue Influence
Improper pressure that overpowers a person's free will and causes them to sign a will or trust they would not otherwise have made, often exerted by someone in a position of trust or control. It is one of the main grounds for challenging a will, along with lack of capacity and improper execution. · Estate Planning & Administration
Uninsured and Underinsured Motorist Coverage (UM/UIM)
Coverage on your own auto policy that pays when the at-fault driver has no insurance (UM) or not enough insurance to cover your losses (UIM). These are first-party claims made against your own insurer, and they are often the only real source of recovery after a serious crash. · Litigation
Use and Occupancy (U&O) Inspection
A municipal code-compliance inspection, sometimes called a resale certificate, that several Bucks County municipalities require before a home can be sold. It is separate from the buyer's private home inspection, checks for code violations and unpermitted work, and the sale cannot close until the municipality issues the certificate. · Real Estate & Property Law
Usury
Charging interest above the maximum rate the law allows. Pennsylvania's general limit is 6 percent for many loans of $50,000 or less, but numerous exceptions apply, including business-purpose loans and larger loans, which generally have no cap. · Business & Corporate Law
UTPCPL
Unfair Trade Practices and Consumer Protection Law (73 P.S. § 201-1 et seq.). PA's consumer protection statute. Provides treble damages and attorney's fees for prevailing consumers. · Civil Litigation & Business Disputes
V
Variance
Permission from a zoning board to use property in a way that differs from the local zoning ordinance. Requires showing unnecessary hardship (dimensional variance) or the property cannot be used as zoned (use variance). · Real Estate & Property Law
W
Waiver
The voluntary and intentional relinquishment of a known right. Can be express (stated in writing) or implied by conduct. In contract law, a party who waives a provision may be unable to enforce it later. In estate law, a beneficiary may waive the right to receive certain trust notices. (20 Pa.C.S. § 7780.3(j)) · General Legal Terms
Water Supply Presumption
A Pennsylvania protection (58 Pa.C.S. § 3218) under which a drilling operator is presumed responsible for polluting a water supply within 2,500 feet of an unconventional well when the problem appears within 12 months of drilling. The presumption can be rebutted, and a landowner's own pre-drilling baseline water test is what turns it into a provable claim. · Oil, Gas & Mineral Rights
Winding Up
The process of settling a business's affairs after a decision to close: collecting money owed to it, paying its debts, finishing or assigning contracts, selling remaining assets, and distributing what is left to the owners. The business continues to exist during winding up only for that purpose. · Business & Corporate Law
Writ of Execution
The court document that authorizes the sheriff to seize a debtor's property, bank accounts, or real estate to satisfy a judgment. It is the tool that turns a paper judgment into actual collection. · Litigation
Wrongful Death and Survival Actions
Two separate claims that arise when negligence causes a death. The wrongful death action (42 Pa.C.S. § 8301) compensates surviving family members for their loss. The survival action (42 Pa.C.S. § 8302) pursues the claim the deceased person could have brought, such as their own pain and suffering before death. · Litigation
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