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Elder Law

PA Elder, Estate & Fiduciary Law Blog PA Elder, Estate & Fiduciary Law Blog

About Elder Law, senior lifestyles, long-term care, end-of-life & health care surrogate decision-making, estate & personal planning, fiduciary administrations (by agents under powers of attorney, custodians, guardians, executors/administrators, & trustees), elders' dispute resolution, and Orphans' Court litigation in Pennsylvania.
By Neil Hendershot, Esq.

Post Frequency: 1.4/day

Last Entry: August 27, 2014 at 12:09:00

Recent Entries: 366

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Philadelphia Court Upholds Stephen Girard's Intentions

Posted on August 27, 2014
Stephen Girard, late in life Painted by J.R. Lambdin Judge O'Keefe, Administrative Judge of the Philadelphia Court of Common Pleas, sitting in the Orphans' Court Division, issued an opinion and order, dated August 21, 2014, released on August 25, 2014, regarding the administration of Girard College...


PA POA Reform legislation on Governor's Desk

Posted on June 19, 2014
On June 18, 2014, the Pennsylvania House of Representatives adopted (193-0) the amended, compromise version of House Bill 1429, in Printer's No. 3708, regarding power of attorney reform.  The adopted legislation was transmitted to the Governor for signing into law...


PA Power of Attorney Reform Legislation Moves

Posted on June 16, 2014
Legislative changes appear afoot regarding Pennsylvania's Power of Attorney laws. On Monday, June 16, 2014, the Pennsylvania Senate adopted (50-0), after three required considerations, a revised version of House Bill 1429, into a new Printers No. 3708...


A Memorial Birthday Message: Patti S. Bednarik

Posted on May 20, 2014
Patti S. Bednarik, Esq. "Estate planning for pets" remains an important consideration for folks in a relationship with one or more beloved companion animals -- faithful pets -- whose well-being, even survival, depends upon a thoughtful owner. This is an awareness I've held for the past ten years or more, since being introduced to the concern by my dear late friend Patti S...


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NPR Broadcasts "Managing Your Elderly Parents' Finances"

Posted on February 27, 2014
On Thursday morning (11:06 AM to Noon), February 27, 2014, The Diane Rehm Show, as broadcast from WAMU through the National Public Radio network, focused on the topic Managing Your Elderly Parents' Finances, with guest host Elise Labott. The highly-qualified and well-spoken guests were: Sally Hurme, Project Advisor, Education and Outreach, at AARP Naomi Karp, Senior Policy Analyst, Office


Enact Mandatory Financial Elder Abuse Reporting in PA

Posted on January 16, 2014
On December 11, 2013, Professor Katherine C. Pearson, of Penn State Law (The Dickinson School of Law, Carlisle, PA Campus), posted a four-page article entitled Law Financial Abuse and Exploitation in Pennsylvania: The Importance of Early Response and Clearer Lines for Recovery, available as a PDF download on the Social Science Resource Network...


PA Small Estate & Deposit Payment Thresholds Increased

Posted on September 06, 2013
The Pennsylvania Probate, Estates & Fiduciaries Code (Title 20 of PA Consolidated Statutes) was amended in minor, but helpful, ways by Act 35 of 2013, which became effective on August 31, 2013. The changes in affected sections of Title 20 are noted in the adopted form of House Bill 513, Printer's No...


Joint State's Amazing Record and Report

Posted on August 26, 2013
On August 1, 2013, the Pennsylvania Joint State Government Commission posted a Report, dated August, 2013 (PDF, 4.7 MB) that encapsulates -- in 291 pages of history, descriptions, summaries, lists, and tables -- the amazing impact of that organization upon probate, estate, fiduciary, and related statutes, and upon Orphans' Court matters generally, since 1945 in this Commonwealth...


"Older & Wiser" Presentations Planned

Posted on August 21, 2013


PA Supreme Court Appoints New Elder Law Task Force

Posted on April 18, 2013
On April 18, 2013, in a posted press release entitled Supreme Court?s Elder Law Task Force Will Tackle Growing Abuses to Older Pennsylvanians, the Pennsylvania Supreme Court announced creation of a new Elder Law Task Force.  The initial meeting of the group was held on April 16 and 17, 2013, at the Pennsylvania Judicial Center, in Harrisburg, PA...


Karoly Estates Will Forgery Case Ruling

Posted on April 07, 2013
The Morning Call (Allentown, PA) published a news report entitled Northampton County judge upholds Karoly wills (04/05/13), by Peter Hall, highlighting the most recent development in the Karoly Estates forgery of wills matter: "John Karoly Jr.'s sisters failed to prove he entered forgeries in brother's estate, judge rules...


PA Orphans' Court Rules Proposed for Sweeping Changes

Posted on April 04, 2013
On April 3, 2013, the Pennsylvania Unified Judicial System website posted a news article entitled Input Sought on Proposed Rewrite of 40-year-old Orphans' Court Rules, which announced: "A substantial overhaul of the current Orphans? Court Procedural Rules, which have remained relatively intact for nearly four decades, is being proposed...


PBA RPPT Section Newsletter, Winter 2013

Posted on March 04, 2013
The Winter, 2013 Newsletter (Issue No. 72) of the Real Property, Probate & Trust Law Section, of the Pennsylvania Bar Association, was published on February 28, 2013, and will be mailed to members in printed form.  It will be available to the public in PDF format for a limited two-week period through a link to the PBA's website...


IRS PTIN System Online Again

Posted on February 06, 2013
The IRS Preparer Tax Identification Number (PTIN) system was restored online effective February 2, 2013.  It had been "down" after January 18, 2013, due to litigation in federal court.  See: PA EE&F Law Blog posting IRS PTIN Registration System is "Down" (01/28/13)...


New Postings of PA OC & R/W Forms Online

Posted on February 04, 2013
While seeking to access Pennsylvania Orphans' Court forms through this Blog's sidebar links to their source on the Internet, I discovered my links are no longer valid.  What happened?  Something changed. Recently, the website of the Uniform Judicial System of Pennsylvania was completely refreshed and reformatted...


IRS PTIN Registration System is "Down"

Posted on January 28, 2013
The Internal Revenue Service's Tax Professionals system presently is "down" due to litigation. According to the IRS Statement on Court Ruling Related to Return Preparers, updated as of January 25, 2013, a litigation stay is the reason: As of Friday, Jan...


Another PA Inheritance Tax Exemption Engrafted?

Posted on January 23, 2013
On January 23, 2013, the Central Pennsylvania Business Journal reported in an article entitled Pa. House committee passes bill to end 'death tax', that the Finance Committee of the Pennsylvania House approved a bill Tuesday for further consideration by the full House that would eliminate Pennsylvania inheritance tax on family-owned businesses...


Health Laws Impact LGBT Folks

Posted on September 28, 2012
Impact of Health Law on LGBT Individuals and Families is the title and subject of a 1½ hour continuing legal education program to be held on Friday, October 12, 2012, as sponsored by the Allegheny County Bar Association, through its Health Law Section, in partnership with its LGBT Rights Committee, which was created in March, 2012...


Organ Donation: Questions & Myths Discussed

Posted on September 10, 2012
On Friday, August 31, 2012, WITF-FM (Harrisburg, PA) broadcast a Radio Smart Talk program 50 minutes long, entitled What questions do you have about organ donation?  The initial guest of host Scott Lamar was John Green, Director of Community Relations for the Gift of Life Donor Program, of Philadelphia, PA...


AOPC.org is Dead; Long Live PAcourts.us! Very Tweet!

Posted on August 28, 2012
By September, 2012, the original Internet address of Pennsylvania's Unified Judicial System -- www.aopc.org (which reflected the initials of the Administrative Office of Pennsylvania Courts) -- will be deactivated. Through the summer, that web address already had redirected users automatically to the updated PA Unified Judicial System (Court) website -- www...


Appeal Procedures from PA Orphans' Court Rewritten

Posted on August 27, 2012
Appeals from orders issued by the various Orphans' Court Divisions, of the Courts of Common Pleas in Pennsylvania, are governed, effective February 12, 2012, by revised procedural rules, which were further amended by the Pennsylvania Supreme Court by order dated July 16, 2012...


New "Granny Snatching" Law in PA

Posted on July 06, 2012
On July 5, 2012, Pennsylvania Governor Tom Corbett signed House Bill 1720 (Printer's No. 2589) -- commonly (and comically) referenced as the "Granny Snatching bill" -- into state law as Act 108 of 2012, to take effect in 60 days. Act 108 amends Title 20 (Decedents, Estates and Fiduciaries) of PA Consolidated Statutes, to provide for uniform adult guardianship and protective proceedings


Family Farms Exempted from PA Inheritance Tax

Posted on July 03, 2012
On July 2, 2012, Governor Tom Corbett signed legislation that, effective immediately, exempts working farms and some related agricultural commodities from Pennsylvania Inheritance Tax.   The Governor's Press Release was posted by PR Newswire under the title Pennsylvania Governor Tom Corbett Ends Burden for Farmers by Eliminating Inheritance Tax (07/01/12): Pennsylvania farmers can now pass


Today is WEAAD

Posted on June 15, 2012
Today, Friday, June 15, 2012, is the seventh annual World Elder Abuse Awareness Day (WEAAD). The goal of WEAAD is to increase awareness of elder abuse throughout the world and bring attention for the need for prevention and action. Every year, millions of older adults are abused, neglected or exploited, with many cases never being reported...


Lawyer's "Own Story" -- Caring for an Aged Parent

Posted on June 14, 2012
Attorney Mark Mateya, of Carlise (Cumberland County), PA, writes a simple personal blog, hosted on Blogger, entitled Taking Care of Your Parents: My Own Story. I've known Mark probably for fifteen years.  I respect him as a lawyer.  I did not know, however, that last year in May, he stepped out of that professional role and began posting his personal experiences on a blog about his family,


Filial Support of Indigent Parents in PA

Posted on June 11, 2012
On Tuesday, June 12, 2012, WITF-FM's Radio Smart Talk will host a discussion about the legal concept of "filial support" and its possible consequences for Pennsylvania's sons and daughters with aged parents who require care, but who can't pay. "Filial" is defined by the Merriam-Webster dictionary as 1: of, relating to, or befitting a son or daughter , or 2: having or assuming the relation


Top Ten Reasons to Join "Wills for Heroes"

Posted on March 31, 2012
I write this blog entry on a Saturday morning at the Widener University School of Law (Harrisburg Campus) during a "Wills for Heroes" session, which offers free wills and other estate planning documents to first responders and their spouses or domestic partners...


"Closure": Change Expectations for End-of-Life

Posted on February 14, 2012
 The Closure online multimedia educational project of the Jewish Healthcare Foundation, Inc., of Pittsburgh, PA, "is an initiative to change expectations for end-of-life."  The Project's goal is "to empower consumers and healthcare professionals with easy-to-access, simple-to-understand information and resources to make educated decisions about end-of-life care...


Smart Talk Features PA Aging Secretary

Posted on January 13, 2012
On Friday, January 13, 2012, the Secretary of the Pennsylvania Department of Aging, Brian Duke (accompanied by his Chief of Staff, Kevin Hancock), was interviewed for an hour on WITF-FM Radio's Smart Talk, about the changing and growing needs for the Commonwealth's aged population...


"Tax Talk" about Federal Individual Taxes

Posted on January 09, 2012
The Tax Talk Today program, scheduled from 2:00 to 3:40 PM on Tuesday, January 10, 2012 (and available for replay online over the next twelve months for registered users), will present a comprehensive discussion of changes in individual income tax rules and procedures, reviewed by highly-knowledgeable speakers -- Preston Benoit, Deputy Director, IRS Return Preparer Office, and Jason Langley,


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