Below are some of the most common challenges executors face during estate administration.
In Pennsylvania, an executor (also known as a personal representative) is responsible for managing the decedent’s estate from start to finish. This includes filing the will with the Register of Wills, gathering and safeguarding assets, notifying beneficiaries and creditors, paying debts and taxes, and distributing the remaining property according to the will.
Executors have what is known as a fiduciary duty. This means they must act in the best interests of the estate and its beneficiaries at all times. Even unintentional mistakes, such as paying a debt too early or failing to properly document transactions, can create personal liability. For many Hershey residents, navigating these legal requirements without professional guidance can feel intimidating.
Even in close families, estate administration can create tension. Beneficiaries may have differing expectations about timelines, asset values, or how property should be distributed. Disagreements can arise over sentimental items, real estate, or perceived fairness.
An executor must remain neutral and follow the terms of the will, even when faced with emotional pressure. Clear communication is essential, but it can still be difficult to manage family dynamics while grieving the loss of a loved one.
Some estates are straightforward, while others involve assets that require professional evaluation. Real estate in Hershey, closely held businesses, investment accounts, retirement funds, collectibles, or digital assets can complicate the administration process.
Executors are responsible for properly valuing these assets, maintaining them during probate, and ensuring they are distributed or sold appropriately. Mistakes in valuation or management can delay the estate settlement and potentially reduce its overall value.
Pennsylvania imposes inheritance tax requirements, and federal estate tax considerations may apply in larger estates. Executors must file the appropriate tax returns, pay any taxes owed, and submit required documentation within specific timeframes.
Missing deadlines can result in penalties and interest, adding stress to an already demanding role. Many executors find that tax compliance is one of the most confusing aspects of estate administration.
Estate administration is rarely completed overnight. Even a relatively simple estate can take months to finalize. Executors often juggle court filings, financial accounts, property maintenance, and beneficiary communications while maintaining their own careers and family responsibilities.
All of this occurs during a period of personal loss. The emotional toll of handling a loved one’s financial affairs should not be underestimated.
If you have been named executor of an estate in Hershey, you do not have to handle the process alone. The experienced probate and estate administration team at Morcom Law can guide you through each step, helping you avoid costly mistakes and reduce unnecessary stress.
If you are facing challenges as an executor or have questions about your responsibilities, contact Morcom Law today to schedule a consultation. Having knowledgeable legal support can provide clarity, protect you from liability, and help ensure your loved one’s wishes are carried out properly.
]]>Small estate administration is designed to reduce the time, cost, and complexity of traditional probate. In Pennsylvania, estates valued at $50,000 or less (excluding real estate and certain exempt assets) may qualify for settlement through a small estate petition or affidavit process. This allows assets to be transferred with less court involvement than standard probate proceedings.
This simplified process still ensures that debts are paid and assets are distributed properly, but it generally requires fewer filings and less oversight from the court system.
For families in Hershey, using simplified administration can provide faster access to financial accounts and personal property, helping ease financial pressure during a difficult time.
Although simplified, small estate administration still follows a structured process:
1. Determine Eligibility
The first step is confirming whether the estate qualifies. Generally, the estate must fall under the Pennsylvania threshold and meet statutory requirements.
2. File the Small Estate Petition or Affidavit
A petition is typically filed with the local Orphans’ Court requesting approval to settle the estate through simplified procedures.
3. Identify and Inventory Assets
The estate representative must locate and document all assets, including bank accounts, vehicles, and personal property.
4. Pay Debts and Taxes
Before distributing assets, outstanding debts, taxes, and expenses must be paid. Paying debts incorrectly can create personal liability for the estate representative, which is why legal guidance is important.
5. Distribute Remaining Assets
Once obligations are satisfied, the remaining assets are distributed to beneficiaries according to the will or Pennsylvania intestacy laws.
Even simplified estates can become complicated if disputes arise, assets are difficult to value, or creditor claims are unclear. An experienced estate administration attorney can help ensure deadlines are met, paperwork is accurate, and assets are distributed properly. Legal support can also help families determine whether simplified administration or full probate is required.
If you are handling a loved one’s estate, you do not have to manage the legal process alone. The experienced team at Morcom Law understands Pennsylvania estate administration and can guide you through each step with compassion and clarity. Whether you are determining eligibility for simplified administration or need help completing required filings, professional legal support can make the process smoother and less stressful.
Contact Morcom Law today to discuss your situation and learn how their team can help you navigate small estate administration in Hershey with confidence and peace of mind.
]]>An executor manages your estate after your death and oversees the probate process, while a trustee manages assets placed in a trust according to its terms. In some cases, the same individual may serve in both roles. Regardless of the title, both positions require responsibility, integrity, and sound judgment.
Your trustee or executor should be someone you trust completely. This person will have access to sensitive financial information and significant decision-making authority. Look for someone who is honest, organized, and able to follow instructions carefully. If there is any doubt about reliability or conflicts of interest, that individual may not be the right choice.
While your chosen individual does not need to be a financial expert, basic money management skills are essential. Trustees and executors must track assets, pay bills, file tax returns, and manage distributions accurately. Someone who is comfortable handling paperwork and maintaining records will be better equipped for the role.
Always confirm that your chosen trustee or executor is willing to serve. The role can be time-consuming and emotionally demanding. Also consider availability, someone who lives far away, is frequently traveling, or has health concerns may find it difficult to fulfill the duties effectively.
Emotions often run high after a death, especially when inheritances are involved. If family members do not get along, selecting one relative as trustee or executor can fuel conflict. In these situations, naming a neutral third party or professional fiduciary may help preserve family relationships and prevent disputes.
Banks, trust companies, and professional fiduciaries offer experience, stability, and neutrality. While they charge fees, they often reduce the risk of mismanagement and family conflict. For larger or more complex estates, a professional trustee may be the most practical option.
Choosing a trustee or executor is not a one-size-fits-all decision. Your family structure, asset value, and long-term goals should all influence your choice. An experienced estate planning attorney can help you evaluate your options and make a well-informed decision.
If you are unsure who to name as trustee or executor, or if your current estate plan needs an update, the trusted attorneys at Morcom Law are here to help. Contact Morcom Law today to schedule a consultation and ensure your estate plan is built on smart, confident decisions that protect your legacy and your loved ones.
]]>In Pennsylvania, the overtime rules largely mirror federal law. Employers must pay non-exempt employees one and a half times their “regular rate” of pay for every hour worked over 40 hours in a workweek. The state’s regulations under the Pennsylvania Minimum Wage Act further affirm this standard.
Not everyone qualifies for overtime. The key distinction is between “non-exempt” employees (eligible for overtime) and “exempt” employees (not eligible). In Pennsylvania, the rules are aligned with the federal Fair Labor Standards Act (FLSA), so if you’re a salaried employee, your eligibility depends on your salary and job duties, not just your title. Some common exemptions include employees in executive, administrative, or professional roles who earn above a specified salary threshold.
Here’s a checklist you can use:
Failing to pay proper overtime can lead to back pay obligations. In Pennsylvania, under the state law, you may have up to three years to seek unpaid overtime if it was owed. For employers, the legal risks of misclassification or improper overtime practices can be substantial.
If you believe you’re owed overtime pay, or you’re an employer who wants to ensure compliance, it’s wise to get legal guidance early rather than later.
If you’re in Pennsylvania and think you may be entitled to overtime—or if your employer is unsure whether their overtime practices are compliant, please reach out to Morcom Law for a consultation. Our team understands the nuances of employment law in Central Pennsylvania and can review your hours, classification, and pay records to help you determine your rights and next steps. Contact us today to get started.
]]>Even within an at-will framework, wrongful termination can occur if your dismissal violates specific laws or public policies. In Pennsylvania, this includes terminations based on:
Proving wrongful termination requires substantial evidence. Consider the following steps:
In Pennsylvania, agencies like the Pennsylvania Human Relations Commission (PHRC) and the Equal Employment Opportunity Commission (EEOC) enforce laws against discrimination and retaliation. Filing a complaint with these agencies can be a crucial step in pursuing a wrongful termination claim.
If you believe you have been wrongfully terminated, it’s crucial to act promptly. Contact Morcom Law for a confidential consultation. Our experienced attorneys specialize in employment law and are dedicated to protecting your rights. Call our Hershey office at 717-921-1422 to discuss your case.
]]>Pennsylvania courts will only enforce non-compete agreements if they protect a legitimate business interest—such as trade secrets, customer relationships, or unique training—rather than merely suppressing competition.
A valid non-compete must be reasonable in three key respects:
If the agreement is introduced after you’ve already started working, Pennsylvania law requires new consideration, such as a promotion, bonus, or additional benefits, for it to be enforceable. Continued employment alone is not enough.
Starting January 1, 2025, under Pennsylvania’s Fair Contracting for Health Care Practitioners Act, non-competes for healthcare professionals have extra limitations:
Pennsylvania’s rules on non-competes can be nuanced. Whether you’re an employee unsure of your rights or an employer aiming to draft enforceable agreements, you’ll benefit from experienced legal guidance. If you’re facing a non-compete—or wanting to ensure it’s fair and enforceable—contact Morcom Law today. Our Hershey-based employment attorneys are ready to walk you through your rights and help you make informed decisions.
]]>Under the Pennsylvania Wage Payment and Collection Law (WPCL), employers must pay employees on their regular day of pay. Even a single day of delay in pay is a wage and hour violation under the WPCL. In other words, if your employer in Hershey or elsewhere in Pennsylvania did not pay your wages on time, then that means that your rights were violated. You have the right to seek the full value of your owed wages. Further, the WPCL allows you to seek the recovery of liquidated damages of up to 25 percent of your unpaid/delayed wages and full attorney’s fees.
Step #1: Document the Missed or Late Payment
Documentation is key to any successful wage and hour claim in Pennsylvania. You should start by gathering all records related to the missed payment, including pay stubs, timecards, employment contracts, emails, and written communication. You should also keep a timeline of when payment was due and when (or if) it was received. Accurate documentation will support your claim.
Step #2: Notify Your Employer of the Violation in Writing
Mistakes do happen. You should always notify your employer of the problem right away. Reach out to your employer or payroll department in writing to formally notify them of the issue. In doing so, you should clearly state that you have not been paid on time, provide relevant dates, and request immediate payment. You should also keep a copy of the communication for your records.
Step #3: Consult With a Wage and Hour Lawyer in Pennsylvania
Professional legal representation can make the difference in a complex claim. You do not have to take on an employer alone. A top-tier Pennsylvania wage and hour attorney can review your case, answer your questions, investigate the violation, and help you take action to secure the absolute maximum compensation for your unpaid and/or delayed wages.
At Morcom Law, our Hershey wage and hour lawyer has the skills and experience to protect your rights. If your employer failed to pay you your full and fair wages in a timely manner, we are here as a resource that you can trust. Please call us at 717-921-1422 or contact us online to arrange your fully confidential case review. We provide wage and hour representation in Hershey and throughout the region in Central Pennsylvania.
]]>The ADA is a federal law that protects employees against disability discrimination. It applies to all businesses and organizations with 15 or more employees, including part-time workers and seasonal workers. If you work for or are applying to such an employer, you are protected under the ADA’s provisions against disability-based discrimination.
Note: Pennsylvania Commonwealth law also protects workers against disability discrimination. The Pennsylvania Human Relations Act (PHRA) applies to employers with four or more workers.
Are you a disabled worker in Hershey or elsewhere in Central Pennsylvania? Here are two of the key things you need to know about your rights under the ADA:
Employers covered by the ADA are required to provide reasonable accommodations to qualified employees with disabilities. They must engage in an interactive process with the employee to identify an appropriate adjustment to the workplace. However, employers are not required to provide any specific accommodation that would pose an undue hardship on them. Beyond that, employers must ensure that their facilities are accessible and that employees with disabilities have equal access to the benefits and privileges of employment. Notably, the ADA protects workers against retaliation. Employers are also prohibited from taking adverse action against employees who assert their rights under the ADA.
At Morcom Law, our Hershey employment lawyer for employees has the knowledge, skills, and experience that you can trust. If you have any specific questions or concerns about the ADA, please call us at 717-921-1422 or contact us online for a fully confidential initial consultation. Our firm handles ADA cases in Hershey and throughout the surrounding area in Central Pennsylvania.
]]>Proving that you were punished by an employer is not sufficient to bring a successful retaliation claim in Pennsylvania. There are specific things that you need to prove as part of your claim. Here are the three core elements of a workplace retaliation claim:
Causation is essential to any retaliation claim. Unfortunately, employers who engage in illegal retaliation will often try to come up with pretextual (false) reasons to justify punishing an employee. It is crucial that you are prepared to bring a strong, comprehensive, and well-supported case that proves that you endured illegal retaliation. A Hershey, PA employment lawyer can help.
Any type of adverse action could be sufficient to support a retaliation claim if the other legal elements are met. To be clear, this means that demotion and/or reduction in work hours can constitute retaliation if they occur as a response to an employee’s engagement in protected activity.
For instance, if an employee reports workplace discrimination and subsequently experiences a significant cut in hours or is reassigned to a less favorable position without a legitimate, non-retaliatory reason, that is indicative of unlawful retaliation.
Employees who suspect they are victims of retaliation should document all relevant events, communications, and changes in employment conditions. You have the right to pursue a claim. Potential remedies include rescission of the demotion, reinstatement of your previous hours, and financial compensation for all of your damages related to the unlawful retaliation.
At Morcom Law, our Pennsylvania employment attorney for employees has extensive experience handling retaliation cases. If you believe that you were demoted or your hours were cut in violation of the law, please call 717-921-1422 or contact us online for a fully confidential consultation. With an office in Hershey, we represent employees throughout the wider region in Pennsylvania.
]]>In Pennsylvania, employee privacy in the workplace is governed by a combination of state law, common law, and federal regulations. Employers must comply with all relevant laws. That typically means balancing their operational needs with protecting the privacy rights of employees. Some of the notable areas of concern include:
The Pennsylvania Wiretapping and Electronic Surveillance Control Act prohibits the intentional interception, disclosure, or use of wire, electronic, or oral communications without the consent of all parties involved. As the Commonwealth has a “two-party consent” requirement, employers cannot lawfully monitor or record employees’ telephone conversations or electronic communications without prior consent. With consent, monitoring is permitted.
Employers may conduct physical searches of employees or their workspaces if there is a legitimate business justification. However, all searches must be reasonable and not violate common law privacy rights. As an example, conducting searches in private areas like restrooms or locker rooms may be a violation of the worker’s right to privacy.
Employers have the right to keep records on workers. The Pennsylvania Personnel Files Act grants employees the right to inspect their own personnel files maintained by their employer. Among other things, the right to inspect pertains to records used to determine qualifications for employment, promotion, additional compensation, termination, or disciplinary actions. Employers are required to allow employees to review these files at reasonable intervals. They cannot charge a fee for access.
Pennsylvania law does not explicitly protect employees from adverse employment actions based on lawful off-duty conduct. However, that does not mean that there are zero privacy rights. Indeed, it is often the best practice for employers to exercise caution when dealing with the off-duty conduct of employees. Disciplining employees for off-duty behavior, particularly related to social media activity, can implicate privacy concerns and potentially violate protections under federal laws, such as the National Labor Relations Act (NLRA). Still, in Pennsylvania, off-duty conduct, including social media posts, is not automatically protected.
At Morcom Law, our Pennsylvania business and employment lawyer is standing by, ready to provide you with the guidance and support you need. If you have any questions about privacy in employment, please call 717-921-1422 or contact us online for a confidential consultation. With an office in Hershey, we represent both employers and employees in Pennsylvania.
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