tag:blogger.com,1999:blog-334353532008-08-08T06:30:12.008-04:00PA Elder, Estate & Fiduciary Law BlogNeil E. Hendershot, Esq.http://www.blogger.com/profile/08522925983571026908noreply@blogger.comBlogger474125tag:blogger.com,1999:blog-33435353.post-88131599913466570212008-08-08T06:30:00.004-04:002008-08-08T06:30:12.017-04:00Pennsylvania Lawyers Publish ProfuselyOn August 7, 2008, Professor Gerry W. Beyer noted in his posting on the Wills, Trusts & Estates Prof Blog that "Carmina Y. D'Aversa (estate tax attorney with the International Estate Tax Group of the Internal Revenue Service in Washington, D.C.) has published her book entitled Tax, Estate, and Lifetime Planning for Minors." His introduction seemed somewhat misleading to me on two minor points, Neil E. Hendershot, Esq.http://www.blogger.com/profile/08522925983571026908noreply@blogger.comtag:blogger.com,1999:blog-33435353.post-31817213623418694092008-08-06T15:00:00.008-04:002008-08-07T11:29:26.753-04:00Caring, Responsible (Wealthy) ChildrenCan wealthy parents raise caring, responsible (wealthy) children? Wealthy parents worldwide are interested in the answer, and wonder about the process. On July 30, 2008, Arabian Business posted an article entitled "Wealthy kids to get lessons in finance" by Soren Billing, who related how "Investment bank Merrill Lynch is to teach children of its wealthiest clients how to make the most of the Neil E. Hendershot, Esq.http://www.blogger.com/profile/08522925983571026908noreply@blogger.comtag:blogger.com,1999:blog-33435353.post-7610521554555691242008-08-04T13:30:00.004-04:002008-08-04T16:32:34.023-04:00More FET Reform ProposalsIn mid-July, 2008, two more bills were introduced into Congress proposing to reform the federal estate, gift, & generation-skipping transfer tax system. House Bill 6499 was introduced on July 15, 2008, in the House by Rep. Jim McDermott (D-WA).Senate Bill 3284 was introduced on July 17, 2008, in the Senate by Senators Tom Carper (D-DE), Patrick Leahy (D-VT) and George Voinovich (R-OH).The two Neil E. Hendershot, Esq.http://www.blogger.com/profile/08522925983571026908noreply@blogger.comtag:blogger.com,1999:blog-33435353.post-44455446760704967062008-08-01T06:30:00.005-04:002008-08-01T06:30:00.674-04:00Websites on Estate & Financial PlanningForbes magazine offered a "Best of the Web Directory" in 2005 that included a section on "Estate Planning" websites; and those listings remain useful for consumers seeking orientation on basic estate and financial planning concepts. The listings by Forbes were comprehensive as to consumer topics: [Y]ou can find more than 3,000 sites reviewed by Forbes.com Best of The Web, each selected accordingNeil E. Hendershot, Esq.http://www.blogger.com/profile/08522925983571026908noreply@blogger.comtag:blogger.com,1999:blog-33435353.post-89134926016980667682008-07-31T12:07:00.006-04:002008-07-31T13:22:55.814-04:00PA "Assisted Living Residence" Regs ProposedProposed Assisted Living Residence Regulations for Pennsylvania have been submitted to the PA Bulletin for publication on August 9, 2008, according to a representative of the Pennsylvania Assisted Living Consumer Alliance. The regulations were already submitted to the Pennsylvania Independent Regulatory Review Committee consistent with the regulatory review process in Pennsylvania. Thus, Neil E. Hendershot, Esq.http://www.blogger.com/profile/08522925983571026908noreply@blogger.comtag:blogger.com,1999:blog-33435353.post-18096061357279722972008-07-29T17:37:00.009-04:002008-07-29T19:13:13.425-04:00"Restricted Management Account" Discount IgnoredOn July 21, 2008, in its Internal Revenue Bulletin 2008-29, the IRS issued Revenue Ruling 2008-35, which addressed "whether an interest in a restricted management account (RMA) will be valued for transfer tax purposes without any reduction or discount for the restrictions imposed by the RMA Neil E. Hendershot, Esq.http://www.blogger.com/profile/08522925983571026908noreply@blogger.comtag:blogger.com,1999:blog-33435353.post-16468155256482698382008-07-28T06:30:00.002-04:002008-08-07T11:24:09.685-04:00"Filial Support" in PA? Really?!?On July 22, 2008, the Summer 2008 issue of Adventures in Law and Aging (PDF, 3 pages) -- the Newsletter of the Elder and Consumer Protection Clinic, of Penn State - Dickinson School of Law -- was posted online. Published in that Newsletter was an important sidebar authored by the Director of the Clinic, Professor Katherine C. Pearson, about filial support obligations of adult children towards Neil E. Hendershot, Esq.http://www.blogger.com/profile/08522925983571026908noreply@blogger.comtag:blogger.com,1999:blog-33435353.post-68494960914726328912008-07-25T11:55:00.007-04:002008-08-06T10:56:43.433-04:00Hedge Funds as an Investment, Pt. IIFiduciaries investigating hedge funds as an investment should read the Press Release, dated April 15, 2008, issued by the United States Treasury entitled "PWG Private-Sector Committees Release Best Practices for Hedge Fund Participants" (HP-927). It announced release of a report, which should become "required reading" for any fiduciary contemplating hedge fund investments: the "Report of the Neil E. Hendershot, Esq.http://www.blogger.com/profile/08522925983571026908noreply@blogger.comtag:blogger.com,1999:blog-33435353.post-88808675333302240482008-07-24T11:53:00.014-04:002008-08-06T10:58:31.215-04:00Hedge Funds as an Investment, Pt. IOn July 22, 2008, Bankaholic posted an article entitled "4 Reasons Why Investors Should Avoid Hedge Funds at All Costs" by John Wu, who warns investors that "four curious characteristics of hedge funds make them different than many standard investments." Investopedia introduces the concept of a "hedge fund" as follows: An aggressively managed portfolio of investments that uses Neil E. Hendershot, Esq.http://www.blogger.com/profile/08522925983571026908noreply@blogger.comtag:blogger.com,1999:blog-33435353.post-3492542707550860732008-07-23T12:59:00.014-04:002008-07-24T13:48:15.916-04:00New Social Security Benefits CalculatorOn July 23, 2008, the Social Security Administration unveiled its new Retirement Estimator which "produces estimates that are based on your actual Social Security earnings record." A link to it is featured on SSA's Home Page. According to the SSA's description, this new Benefits Calculator: Provides an estimate of your retirement benefits comparable to the estimate you receive on your Neil E. Hendershot, Esq.http://www.blogger.com/profile/08522925983571026908noreply@blogger.comtag:blogger.com,1999:blog-33435353.post-8578167941285857292008-07-22T11:40:00.013-04:002008-07-22T18:05:43.543-04:00New PALCA for Assisted Living StandardsOn July 7, 2008, a coalition organized in 2008 -- the Pennsylvania Assisted Living Consumer Alliance -- issued a press release, entitled "New Coalition Presses for Quality Standards", announcing that its membership "is pushing for quality standards in Pennsylvania state regulations covering assisted living facilities." According to its website, PALCA is "a collaboration of consumers, family Neil E. Hendershot, Esq.http://www.blogger.com/profile/08522925983571026908noreply@blogger.comtag:blogger.com,1999:blog-33435353.post-43313302941568274432008-07-21T14:00:00.003-04:002008-07-22T18:15:46.787-04:00Read Blog Posts QuicklyOn July 18, 2008, c/net sent its AnchorDesk Newsletter with a posting asking "Are you suffering from information overload?", by Holly Jackson. The Information Overload Research Group held its first conference in New York this week. Dedicated to researching and solving problems caused by the constant flow of information, the nonprofit consortium calls information overload "the world's Neil E. Hendershot, Esq.http://www.blogger.com/profile/08522925983571026908noreply@blogger.comtag:blogger.com,1999:blog-33435353.post-92157533829278687502008-07-18T18:00:00.001-04:002008-07-18T19:01:06.435-04:00"Fundamentals of Guardianship" WorkshopA "Fundamentals of Guardianship" workshop will be presented in Pittsburgh, PA on Monday, August 18, 2008, by The National Guardianship Association, Inc. Tailored to the Needs and Interests of Guardians in Pennsylvania This workshop will benefit professional guardians in private or public practice and family or volunteer guardians, as well as professionals that work in a collateral capacity with Neil E. Hendershot, Esq.http://www.blogger.com/profile/08522925983571026908noreply@blogger.comtag:blogger.com,1999:blog-33435353.post-12975334808610205042008-07-16T16:48:00.008-04:002008-07-17T11:01:34.463-04:00President's Veto on Medicare OverriddenOn July 16, 2008, National Public Radio reported in a broadcast segment entitled "Congress Overrides Bush Veto On Medicare Bill" by Julie Rovner, that "President Bush's veto of a Medicare bill didn't survive Congress". The House and Senate were able to easily override his attempt to strike down a bill that protects doctors from a more than 10 percent cut in their Medicare reimbursement rates. It Neil E. Hendershot, Esq.http://www.blogger.com/profile/08522925983571026908noreply@blogger.comtag:blogger.com,1999:blog-33435353.post-26086809281631886392008-07-14T19:00:00.004-04:002008-07-18T19:05:54.141-04:00Disappearing Versus Growing JobsOn July 2, 2008, Forbes Magazine published an article entitled "America's Top 20 Growing And Disappearing Jobs", which examined 800 occupations for trends in employment. The results reflect an aging population, among other factors. Using 2007 data (U.S. National, State & Metropolitan Area Occupational Employment & Wage Estimates) and referencing results of a national survey of employers in all Neil E. Hendershot, Esq.http://www.blogger.com/profile/08522925983571026908noreply@blogger.comtag:blogger.com,1999:blog-33435353.post-64113803049424929542008-07-11T11:10:00.003-04:002008-07-21T15:00:00.133-04:00Seniors in the HeatThe Pennsylvania Department of Aging features on its website "Tips for Seniors in the Heat" (06/06/08, PDF, 1 page), by Nora Dowd Eisenhower, the PA Secretary of Aging, who warns "take precautions when it gets sunny and hot." The tips, posted in the July 2008 issue of "Nora's Notes", are useful for any adult, but are particularly applicable to seniors: Be aware of the signs of heat-related Neil E. Hendershot, Esq.http://www.blogger.com/profile/08522925983571026908noreply@blogger.comtag:blogger.com,1999:blog-33435353.post-51628608126821502252008-07-10T06:30:00.005-04:002008-07-10T11:14:58.687-04:00Spencer Starts "PA Fiduciary Litigation" BlogOn July 3, 2008, Attorney Patti Spencer, of Lancaster, PA, unveiled her new Pennsylvania Fiduciary Litigation blog, hosted by LexBlog. Patti describes herself as "a trusts and estates lawyer and expert witness." Patti's credentials & experience are impressive. She is a fellow member of the American College of Trust & Estate Counsel. Also, she is a prolific writer, as evidenced by her Neil E. Hendershot, Esq.http://www.blogger.com/profile/08522925983571026908noreply@blogger.comtag:blogger.com,1999:blog-33435353.post-43133837798588912952008-07-09T12:34:00.007-04:002008-07-09T13:46:29.265-04:00PBI's 11th Annual "Elder Law Institute"On Thursday & Friday, July 24-25, 2008, the Pennsylvania Bar Institute will present its 11th Annual Elder Law Institute at the Hilton Hotel & Towers, in Harrisburg, PA. An email message sent by PBI on June 9, 2008, promoted the 2008 Elder Law Institute: After more than a decade in the making, the Elder Law Institute has distinguished itself as the best elder law conference around the country.Neil E. Hendershot, Esq.http://www.blogger.com/profile/08522925983571026908noreply@blogger.comtag:blogger.com,1999:blog-33435353.post-15970540520169768232008-07-08T11:15:00.005-04:002008-07-11T12:46:49.940-04:00PA's "2020 Vision Report" IssuedOn June 26, 2008, the Pennsylvania Department of Aging announced release of the Pennsylvania 2020 Vision Report" (PDF, 20 pages). The 2020 Vision Report, which is also available in a "short form" (PDF, 10 pages), "explores challenges and opportunities the Commonwealth will face in the coming years as our population ages." A DoA webpage about the Pennsylvania 2020 Vision Report introduced it: Neil E. Hendershot, Esq.http://www.blogger.com/profile/08522925983571026908noreply@blogger.comtag:blogger.com,1999:blog-33435353.post-4805967426295493582008-07-07T11:30:00.008-04:002008-07-08T13:56:23.658-04:00DCBA Gun Session with a Heller of a DifferenceOn Tuesday, July 8, 2008, from noon to 1 p.m., the Dauphin County (PA) Bar Association will host a "Lunch & Learn" session for lawyers entitled "Weapons in an Estate or Trust: What to do with the Guns" at DCBA Headquarters, presented by Neil E. Hendershot and Joshua G. Prince. This session will be a reprise of the popular presentation made on April 25, 2008, at the Cumberland County (PA) Bar Neil E. Hendershot, Esq.http://www.blogger.com/profile/08522925983571026908noreply@blogger.comtag:blogger.com,1999:blog-33435353.post-77549201426521086152008-07-03T06:30:00.002-04:002008-07-03T06:30:01.079-04:00Surveys Show Most Lack Last WillOn June 30, 2008, FindLaw released results of its recent survey indicating that "[f]ifty-eight percent of American adults have not written a will, giving them little control or input into issues such as what will happen to their assets and any minor children after they die." The survey results were announced in a Press Release, dated June 30, 2008, entitled "Most Americans Don't Have a Will, Neil E. Hendershot, Esq.http://www.blogger.com/profile/08522925983571026908noreply@blogger.comtag:blogger.com,1999:blog-33435353.post-24387010983314405982008-07-02T06:30:00.006-04:002008-07-18T19:22:04.983-04:00IRS Proposes Final Preparer Penalty RegsOn June 17, 2008, the Internal Revenue Service issued a notice of proposed rulemaking and notice of public hearing regarding Tax Return Preparer Penalties under Sections 6694 and 6695 (PDF, 218 pages). This is the "summary" in the Notice, issued in anticipation of hearings scheduled for for Monday, August 18, 2008: This document contains proposed regulations implementing amendments to the tax Neil E. Hendershot, Esq.http://www.blogger.com/profile/08522925983571026908noreply@blogger.comtag:blogger.com,1999:blog-33435353.post-82747035749429765932008-07-01T06:30:00.013-04:002008-07-08T15:42:33.458-04:00Right to Keep and Bear Arms: Part IIIHow might the U.S. Supreme Court's decision in District of Columbia v. Heller (PDF, 172 pages) affect elderly persons resident in care institutions? In this third part of a series on the "Right to Keep and Bear Arms", Joshua G. Price and I, together, speculate on the effects of that decision on the constitutional rights of patients in long-term care hospitals or facilities to keep firearms thereNeil E. Hendershot, Esq.http://www.blogger.com/profile/08522925983571026908noreply@blogger.comtag:blogger.com,1999:blog-33435353.post-20464465687950768692008-06-30T06:30:00.012-04:002008-07-01T18:07:15.085-04:00Right to Keep and Bear Arms: Part IIHow does the ruling in District of Columbia v. Heller (PDF, 172 pages), issued June 26, 2008, by the U.S. Supreme Court, involve senior citizens? Already, much commentary has analyzed the decision, including a prior posting on this Blog, "Right to Keep and Bear Arms: Part I", by Joshua G. Prince. One media source alone -- National Public Radio -- has posted nine articles in three days since theNeil E. Hendershot, Esq.http://www.blogger.com/profile/08522925983571026908noreply@blogger.comtag:blogger.com,1999:blog-33435353.post-77137990747983929432008-06-27T10:45:00.014-04:002008-07-01T18:02:30.363-04:00Right to Keep and Bear Arms: Part I On June 26, 2008, the U.S. Supreme Court ruled 5-4 in District of Columbia v. Heller (PDF, 172 pages) upon the meaning of the Second Amendment to the U.S. Constitution regarding "the right of the people to keep and bear Arms." The Supreme Court upheld the District Court's ruling that the Second Amendment protects an individual’s right to possess firearms, and that the city’s total ban on Neil E. Hendershot, Esq.http://www.blogger.com/profile/08522925983571026908noreply@blogger.com