Elder Law

Friday, December 04, 2009 News You Can Use   What’s new this week? Katherine C. Pearson is a Professor at the Penn State Dickinson School of Law and has been serving as Chair of our state bar association’s Elder Law Section. Unfortunately (for us), she has to resign that post while she takes a sabbatical in Ireland. I thought you would enjoy seeing some of her work and that of her students at the law school by visiting the newest newsletter: http://law.psu.edu/_file/Elder_Law/Fall_2009.pdf  It covers topics including long term care here and in Oregon and Japan, as well as cautions on consumer issues.   Federal Estate Tax is set to be suspended at the end of this month, but the US House of Representatives passed H.R. 4154. If enacted into law, it would extend the current rates and exclusions permanently. Hot off the press (Dec.3rd) from the Joint Committee on Taxation is the following:  http://www.jct.gov/publications.html?func=startdown&id=3637. I found this to be a very useful summary of where we are today. The Senate must take it up and likely there will be changes. Permanent Link write a comment Sunday, November 15, 2009 Important 3rd Circuit Decision on Annuities In Weatherbee v. Richman, the 3rd US Circuit Court of Appeals ruled that a Medicaid Qualified Annuity is not as resource to be counted against an applicant for Medicaid. An earlier case, James v. Richman, held that a Medicaid Qualified Annnuity was not a resourse, but those facts were prior to the DRA of 2005.  This will help community spouses maintain a higher standard of living after a spouse enters a nursing home.  The full case can be found at http://www.ca3.uscourts.gov/opinarch/091399np.pdf. Permanent Link write a comment

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