Credit card comparison sites may be biased

7 hrs.

The Internet makes it quick and easy to compare credit card offers. Dozens of sites now offer this free service. They make money if you click through and apply for a card.?

?There?s nothing wrong with companies earning referral fees,? said Ruth Susswein with the advocacy group Consumer Action, ?but users need to know what the financial relationship is between the company that makes the recommendation and the company that may get your business.??

Consumer Action recently surveyed 54 credit card comparison websites. Most of them disclose this commission structure somewhere on the site ? usually in the privacy policy or ?about us? sections ? but you may have to hunt around to find it.?

?We think this information must be clearly disclosed,? Susswein said. ?Sometimes it is and sometimes it isn?t.??

Consumer Action believes a website that buries this information in the fine print may be violating the Federal Trade Commission?s rule on endorsements.?

When asked about this, Richard Cleland, assistant director of the FTC?s division of advertising practices emailed this comment to NBCNews.com:

?Consumers have a right to know when Web sites recommending particular credit card offers are being paid for referrals.? If these Web sites are receiving referral fees that fact should be clearly and conspicuously disclosed it in a way that consumers will not miss it.????

Consumer Action found that some sites that don?t mention compensation explain that they are not ?endorsing? or ?recommending? any cards. This could be a way to avoid disclosing this information without violating FTC rules.?

Searches at different sites yield similar results

Consumer Action was surprised to find that the results on many sites were for a few cards from the same top five credit card companies.?

?It was strange how the same cards cropped up again and again on various sites,? noted Linda Sherry, Consumer Action?s director of national priorities. ?Sometimes their rankings varied and the deals differed slightly, but it appears certain cards dominate their fields.??

For example, when comparing ?zero percent transfer? offers, the Discover More card showed up more than twice as often as the Capital One Platinum Prestige card and the Chase Slate.?

Susswein told me they can?t figure out why that happened, since the Chase Slate appears to offer a better deal.?

What?s going on here? I contacted some of the biggest comparison sites to get their response.?

Cardhub.com founder Odysseas Papadimitriou told me it has to do with market concentration: the top 10 credit card companies issue about 80 percent of the cards.?

?It is not surprising that they dominate the market with some of the best offers,? Papadimitriou wrote.?

In an email, Ken Lin, CEO of Credit Karma, said his site does not rank cards based on commission, but he freely admits some sites are ?influenced? by the pay-out per referral.?

?If the card pays more, it will get more placements,? he wrote.?

He also suggested another possible reason the Discover card had so many more recommendations.?

?The Chase Slate card has higher credit requirement than the Discover More card even though they are both categorized as ?Excellent Credit Needed.? This results in fewer people being approved for the Slate Card. ?

Shon Dellinger, president of credit.com, explained that their algorithm for recommending cards considers consumer preference as well as card features.?

?We do recognize that consumer preference can be influenced through brand or advertising awareness that can sometimes override features when consumers make their choice of cards,? he wrote. ?This is one of the reasons we offer our regular ?Best Credit Cards in America? piece and regularly rank cards at the top of our list even if we aren't able to offer those cards on our site."?

Rating the sites?

Consumer Action evaluated the 54 comparison sites to see which ones were most useful to someone shopping for a credit card. The sites were rated on nine key factors, such as intuitive interface, search filters, unbiased education and advice, personalized reviews posted by users, side-by-side comparison of rates and fees for selected cards, and the ability to search without registration.?

Three sites met all nine criteria: Card Hub, CompareCards and CreditDonkey. Five sites met eight out of nine criteria: Bankaholic, CardRatings, Credit Karma, Credit.com and FindTheBest. (Click here for more results.)

?The bottom line?

Comparison websites can be a useful tool to search for a credit card. Just remember, a site might favor one card issuer because of the commission structure. That?s why you?d be smart to check several comparison sites before applying for a card.? You should also look at the articles on the site.?

?Tucked away in these articles are some of the best offers ? sometimes even better than on the comparison section,? Susswein told me.?

Something else to consider: many cards are not listed on these comparison sites.? You won?t find any offers from Bank of America, one of the top credit card issuers in the U.S. That?s because B of A generally does not pay referral fees to these websites.

And don?t expect to find cards from local banks and credit unions. You?ll have to check on them yourself.

Even with these comparison sites, it still takes a little work to find the best card for you.

Herb Weisbaum is The ConsumerMan. Follow him on Facebook or visit The ConsumerMan website.

?

Source: http://www.nbcnews.com/business/credit-card-comparison-sites-reflect-referral-fees-may-be-biased-1C6811747

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Wedding Show at Thistle Hotel Aberdeen Altens

Services??>??Event??>??What's On In Aberdeen

On 04 Nov 2012

Showcasing local wedding suppliers.

Come along and meet a variety of suppliers who will be displaying their products and be on hand to give you advice and inspiration for your Wedding Day.

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Sunday

11am to 4pm

Ticket Information:

Free Event.

Venue Detail:

Ballroom

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Exhibitions,Fairs, Festivals, Galas


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Falling temps add urgency to storm recovery

NEW YORK (AP) ? Falling temperatures on Sunday put more people at risk in a region already battling gasoline shortages, stubborn power outages and spasms of lawlessness in the wake of Superstorm Sandy.

With overnight temperatures in the 30s and nearly a million people still without power in the area, New York Mayor Michael Bloomberg was reluctant to plunge back into Friday's controversy over the last-minute cancellation of the New York City Marathon. While disappointed runners were planning to stage impromptu races of their own, Bloomberg put off questions about the marathon at a Saturday briefing and focused on what he said were more pressing matters.

"I spoke with many people who were worried and frustrated and cold," Bloomberg said after a visit to the Rockaways in Queens. "There is no power there and temperatures are dropping. Even those who have generators are having a hard time getting fuel."

The city opened warming shelters in areas without power and Bloomberg was urging older residents without heat to move to them. The city also was handing out 25,000 blankets to residents who insist on staying in powerless homes.

"So please," Bloomberg said, "I know sometimes people are reticent to take advantage of services. The cold really is something that is dangerous."

Though New York and New Jersey bore the brunt of the destruction, at its peak, the storm reached 1,000 miles across, killed more than 100 people in 10 states, knocked out power to 8.5 million and canceled nearly 20,000 flights. More than 12 inches of rain fell in Easton, Md., and 34 inches of snow fell in Gatlinburg, Tenn. Property losses were estimated at at least $20 billion, putting the storm among the most expensive disasters in the U.S.

Among the biggest lingering challenges Saturday was the gas shortage. Bloomberg said that resolving it could take days. Lines curled around gas stations for many blocks all over the stricken region, including northern New Jersey, where Gov. Chris Christie imposed rationing that recalled the worst days of fuel shortages of the 1970s. Queues of honking cars, frustrated drivers and people on foot carrying containers were just the latest testament to the misery unleashed by Sandy.

"It's chaos; it's pandemonium out here," said Chris Damon, who had been waiting for 3? hours at a site where the National Guard was giving out free gas in an effort to alleviate the situation. "It seems like nobody has any answers."

After at least 10 arrests for line jumping on Friday, the police presence at stations with gas lines was increased Saturday. Still, there was one arrest for disorderly conduct at the armory in Brooklyn, where free gasoline was being distributed.

And fears about crime, especially at night in darkened neighborhoods, persisted. Officers in the Midland Beach section of Staten Island early Saturday saw a man in a Red Cross jacket checking the front doors of unoccupied houses and arrested him on a burglary charge. After complaints about people posing as utility workers to gain access to people's homes, police on Long Island reminded residents that most repair work will be done outside so legitimate workers usually have no need to enter a home.

More than 2.2 million customers remained without power in several states after Sandy came ashore Monday night.

About 875,000 still don't have electricity in the New York metropolitan area, including about 460,000 on Long Island. About 80 percent of New York City's subway service has been restored.

New York City's parks also reopened Saturday, and with Sunday's marathon canceled, many of the runners who had come to town for the race worked out their frustrations with a jog through Central Park, the site of the finish line that won't be used. A Facebook page invited runners to meet Sunday in the park for a 26.2 mile run and encouraged marathoners to bring food, clothes or money to donate to storm victims.

Bloomberg reversed himself Friday and yielded to mounting criticism about running the race, which starts on hard-hit Staten Island and winds through all five of the city's boroughs.

In his first comments since canceling the marathon, Bloomberg said he'd fought to keep it going but the controversy was becoming "so divisive" and too much of a distraction.

Many runners understood the decision, especially with the death toll from the storm at 107, including 41 in New York City.

___

Associated Press writers Ben Nuckols in Wall, N.J.; Katie Zezima in Jersey City, N.J.; and Verena Dobnik, AJ Connelly and Larry Neumeister in New York contributed to this report.

Source: http://news.yahoo.com/falling-temps-add-urgency-superstorm-recovery-140355140.html

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Cranky Fitness: Hysterectomies, Core Exercise, and Firing Clients ...

Hey kids, it's time for the next installment of "Ask the Personal Trainer!"

And notice how I'm using photo selection as a subliminal way to butch it up around here, so the whole hysterectomy thing doesn't scare off the boys?

Oh wait. A cute vintage image of a body builder, however muscular, is perhaps not all that manly and macho a design choice.? Dudes: just pretend there is a photo montage featuring football heroes, pitchers of beer, big juicy steaks, large-breasted women, and any other gender stereotyped eye-candy that will help you sneak past references to womens' malfunctioning uteri and the surgical removal thereof.

If it's any consolation, we feel the same way about sitting through those endless erectile dysfunction commercials. Do we really need to have to visualize a bunch of elderly guys walking around with 4-hour erections?

And actually, you don't have to have a uterus to require abdominal surgery, so there's good info for anyone who recently had a surgeon hacking around in their insides.

Plus, deep core work is good for everyone's physiology, and might be the actual answer to all those searching for the "one rule for a flat stomach". ? (Though I think the REAL rule is stay the hell out of the cookie jar).

And we're also going to talk about unmotivated clients and whether to kick 'em to the curb or not. ?

Note: there was also going to be a rotator cuff question this week, but I realized it was crazy to run so many questions at once, so that will appear next time.? Stay tuned!

First question:

1. If you are working with a client who has had a recent hysterectomy, assuming she has clearance from her doctor, how do you help her rebuild her core muscles and exercise generally without risking post-surgical injury or damage?

Taylor Ryan:?

?[Taylor Ryan is a certified personal trainer and nutrition consultant; check out her personal blog Lifting Revolution for tips, recipes, workouts and more!]

Dealing with a women that has just gotten clearance from her doctor to get back to exercise is something I am accustomed to! Working with only women I deal a lot with issues like this quite often.

First, I would explain the importance of focusing on strengthening the core (the connective tissue is cut and the core loses strength). Then take baby steps to get back into doing core exercises. Doing too much too soon can slow internal healing and do more harm than good.

Good exercises include:

Pelvic tilts, where you lay as if you?re going to do a sit up. Instead, push your back flat to the ground by tucking the tailbone under and tightening the core muscles. Relax and repeat.

Knee planks. Doing a full plank may be too much, so it?s best to start with a knee plank. Same idea, make sure the but is tucked under, and the shoulders are directly over elbows, engage the core muscles and hold for as long as possible.

And finally, a great core strengthening move would be using a stability ball. Crunches on the ball, or even a knee roll outs. Sit on knees, facing a stability ball. Place elbows on it, and slowly roll the ball away from the body, keeping the back straight and abs tight. Go out to a comfortable distance, but one where you can still feel the abs working, and roll back to start position.

The thing to keep in mind is not to do too much too soon. Sure, you might have been doing leg raises the day before surgery, but trying to do them as soon as you?re allowed won?t be a great idea.

Chris Kelly:

[Chris Kelly is a fitness writer, personal training studio owner and frequent dispenser of burpees. He specializes in quick and effective workout routines to fit fitness/nutrition in to a busy schedule. Check out his blog at Peak Wellness online.]


Many years ago while conducting a bootcamp, we were performing jumping jacks as part of the warm up. On this particular day, we had several new participants in class and around rep 28 of a set of 50 (give or take) two ladies made the comment that they had to use the bathroom.

Clearly an excuse I thought to myself as I instructed them to keep going to around rep 45-- when it actually happened! Both new moms seeking to get back in shape, these very nice ladies illustrated to me that many of us share issues faced by those who have experienced a Hysterectomy.

To put this to the test, one simple test we perform with all new clients is a simple plank hold:

- Bad plank:


- Good plank:

As we compare each image, we see one resembling a terrible dance move while the other demonstrates the ability to maintain a relatively flat back. What we also find is that individuals who assume this inchworm like posture feel their arms and legs without a hint of their core.

This is an almost certain indication of a loss of function of the muscles of what we call the inner core. The inner core is made of a group of muscles deep inside our body (transverse abdominus, multifidus, diaphragm and pelvic floor) whose job is to stabilize the movement of larger muscles such as our arms and legs during movement.

This means that every time we take a step or raise our arms overhead, the inner core muscles tighten around our joints to ensure proper movement occurs. Though they are too weak to produce the movement themselves, they simply contract statically (think holding in place versus moving) to ensure larger muscles are kept in check.

The interesting thing about these muscles is that they are often inhibited in individuals with chronic neck, low back and pelvic pain. While sit ups and crunches might make a nice six pack (or case of back pain), they do not address these muscles and usually make the problem worse.

The reality is that rehabbing this issue and developing a flat stomach involves the same basic progression which can benefit everyone (click each step for an instructional video).

? Activate the proper muscles- An issue that accompanies the majority of the issues described above is stress breathing. The is a key player in inner core function and training deep belly breathing is a crucial to improved function of this area. I recommend performing the drills included in our video for 1-2 minutes in the morning and before bed to each the muscles of the inner core to activate normally.

? Use your abs- The next step is to learn to contract the abs and butt during core exercise to ensure core exercises are hitting the right muscles.

? Train Muscular endurance- Once we have established basic belly breathing and abdominal bracing, the next step is to improve static endurance in exercises such as the plank, side plank and bridge. The key with each exercise is to keep the abs and butt contracted while maintaining belly breathing.

? Floor no more- Once we have gained endurance in static position, the final step is to add movement and train in standing positions which more resemble daily life.

? Get Ripped- Here is a progressive routine for all readers interested in developing real results with exercises which can be done quickly in your own home.

Dave Smith:


Dave Smith is a personal trainer who specializes in quick and effective body weight exercise routines that can be done anywhere, anytime - Check him out at www.makeyourbodywork.com

It is so important to strengthen the "core" muscles after having any abdominal surgery since it's the core that provides stability and a base of strength for all other exercises. Too often people are injured while doing "easy" exercises like squats or lunges, not because their legs are weak but because their core is not providing proper stability for the exercise to be performed safely.

In this video I demonstrate a series of core strengthening exercises that I use with clients who are post-surgery, post-pregnancy, or who have very weak core muscles to begin with. Notice how the exercises build off one another to allow anyone to safely work towards a more advanced core training program.

Video: How to Strengthen Your Abs After Abdominal Surgery

Crabby:

Here are some things I learned from my own hysterectomy recovery:

When the experts say "start slow" they ain't kidding.? You can be in amazing shape before your surgery, but if you take the time off your body needs to heal, and are at least minimally concerned about not ripping your guts open by doing too much, it's amazing how rudimentary you have to get in terms of ab work. And it takes a really long freakin' time before you can challenge your abs the way you used to.

On the plus side, many of us who thought we knew what we were doing about core/abs work discover that we really had no clue all along!? Getting introduced to those muscles deep inside, and actually trying to activate them properly was a huge frustration and occasioned much cursing and whining. But it's also pays off in terms avoiding back problems and other injuries down the line, so it's time well spent.

If you are an active person and recovering from a hysterectomy or other surgery, and have insurance or a large bank account, I'd strongly recommend you push your doc for a referral for physical therapy.? If it's a hysterectomy, there are folks who specialize in that.? (If you happen to live in San Diego, I'd recommend Comprehensive Physical Therapy, they're awesome).

Most doctors seem unused to working with active folks who are eager (and perhaps too eager) to get back to the gym, and are a bit at a loss as to specific exercises that are bad or good.? And even the most helpful personal trainer is not going to know the details of? your surgery.? A physical therapist can be a great bridge between your physician and your personal trainer if you have one, or your plucky self-help exercise plan if you don't.

In general, my understanding is that the most dangerous moves after a hysterectomy tend to involve lifting your legs while on your back, or doing anything that exerts too much abdominal pressure on the pelvic floor.

I.E.: DO NOT GO ANYWHERE NEAR THIS EVIL THING FOR A LONG LONG TIME:


?Another great resource for post-hysterectomy support and ideas is HysterSisters.

Next question:

2. What do you do about unmotivated clients, and do you ever "fire" them?

Dave Smith:

To me, "firing" an unmotivated client is admitting that I couldn't do my job. Do I do it? Nope.
A good trainer will always find a way to help even the most unmotivated clients take steps in the right direction. While it's unrealistic to expect every client to eat perfectly, exercise intensely, and sleep 8 hours every night, it is completely realistic that they can begin working towards those goals.

I have a list of "healthy lifestyle actions" that my clients rate on a scale of 1-10 (1 = impossible to do, 10 = 100% doable). This list includes a range of actions with a few that are so simple (yet still important and effective) that anyone can rate as a 9 or 10.

For example, one of the actions asks clients to "drink a glass of water each morning when they wake up" while another suggests "taking an omega-3 supplement each day" and the list goes on.

The point is that everyone can do something to work towards better health. An unmotivated client might simply choose that morning glass of water (and even that might be a struggle at first!). But, they are taking action and are beginning to assume responsibility for their health and for reaching their goals.

Chris Kelly:

I wouldn't use the word "fire" as much as guide in the right direction. I feel very strongly that finding the right trainer for your personality and comfort level is key to achieving success and this comes down to understanding what you really want.

With both personal training and small group training we conduct at our gym, we feel very strongly that developing a long term approach-- which includes setting specific goals, discovering interests which help you to maintain motivation such running a 5k or joining a softball league and overcoming scheduling issues-- is essential to getting results.

Basically, we teach clients to eat, schedule and enjoy fitness in addition to just working out at our gym. This is a fairly long term process and weeds out a lot of individuals who would rather attend a larger bootcamp fairly infrequently or casually go to the gym. In the beginning, we go thru a very thorough interview and workout session to understand the needs of each client and whether they are a good fit for our system.

Here is a letter I publish frequently for our clients to illustrate what we look for in an ideal client:

You say you want to lose weight, build muscle or lose body fat more than anything. You tell me it is a 10 out of 10 on your bucket list. If so, here are my questions for you:

  • Do you show up 10-15 minutes early to warm up properly for each workout?
  • Are you in the right frame of mind (aka no cell phone, talking to friends, etc) to train when you arrive?
  • Do you devote time on the weekends or week day to plan and/or cook your meals?
  • Do you devote 30-45 minutes to exercise in your off-days?
  • Do you have a training partner that supports your goals?
Look, I am all for everyone having fun and enjoying themselves when we work together but once the session begins it is down to business. My job is to offer effective coaching and information to get the result that you need. Your job is to take the steps necessary to get that result.

The reason I feel training is awesome is that it is all about you. What other opportunity in life do we have today to devote 60 minutes to building your goals and your body? I want you to focus on making this the best part of your day.

I am proud of all you are achieving and I hope you have a great week.

Taylor Ryan:

To date I have yet to ?fire? a client. Because I do small group classes, one bad seed can bring the whole group down. I?ve seen it happen, it?s no fun... for anyone. When a client is unmotivated it?s normally because something else is going on. They?re paying for my services so clearly they want results... they?re motivated.

When they seem to be in a funk, the best solution is simply to sit down one on one and find out what?s going on. This helps for several reasons.

For one, you get to the bottom of it, and make them aware of their attitude (surprisingly enough, some people don?t realize when they?re being pains in the butt), and second, it shows you care. They appreciate the time given to them, and often times just realizing that one thing can make all the difference.

Because this has always helped, I haven?t had to say adios to clients, but I would in a heart beat if the negativity continued on. Everyone deserves stress relief from a workout, and if it?s causing stress, then get rid of it!

Crabby:

I don't do personal training, but I do life coaching and wellness coaching, and often deal with people who are looking to get into better shape. Maybe I'm just lucky, but I've never had to "fire" a client either for lack of motivation.

(Is that because most of my clients come from Cranky Fitness? Hmm, it does seem like the impressive thoughtfulness, perseverance, and resourcefulness of my clients are consistent with the awesomeness of blog commenters here generally!)

That's not to say that folks haven't had ups and downs, but often this has more to do with outside circumstances or changing priorities. If it's purely motivation that's an issue, I've found that clients have an amazing ability to inspire themselves and work their way through roadblocks.? Often just a few questions, some brainstorming and troubleshooting, and a bit of planning can restore what feels like "lost" motivation.

Thanks so much, Personal Trainers!

Also, I wanted to let readers know that in anticipation of the challenges over the holidays, Chris Kelly has teamed up with expert nutritionist Graeme Thomas to host a free 28 day fitness BOOST challenge, which comibines community accountability with a custom fitness and nutrition program geared to your goals.

The deal is:? you sign up with a friend who shares your goal. The program is set to kick off in early November and they are accepting the first twenty applicants on a first come, first serve basis.? For more information, check out our BOOST webpage and you can contact Chris at ckrelations@yahoo.com.

What do you think about core work, recovery from surgery, trainers or coaches firing their clients, or anything else?? And if you've got questions you'd like to see dealt with in an upcoming column, leave 'em here or email me!

Evil Ab Thing: Jesup Gym
Bodybuilder image: Velvet Tangerine

Source: http://www.crankyfitness.com/2012/11/hysterectomies-core-exercise-and-firing.html

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TIME GOES BY | TGB ELDERLAW ATTORNEY: Gifts - Part 2

? A Young Woman's Wisdom | Main

TGB ELDERLAW ATTORNEY: Gifts - Part 2

Orrin Onken Orrin Onken writes the twice-monthly TGB Elderlaw Attorney column in which he discusses legal issues of concern and interest to elders. He is an elderlaw attorney licensed to practice in the state of Oregon. He also keeps his own blog, Oregon Elder Law, and you can read more about his background here. All his Time Goes By columns are collected in this list.


In my last column I talked about gifts between family members during the time that an elder is depending on family for support and long term care.

Today I want to talk about gifts and how they affect the wills, trusts and the administration of estates.

GIFTS THAT UNDO AN ESTATE PLAN
Your estate is the money and property you have on the date of your death. The money goes first to pay your bills and then to the people named in your will or trust.

If you are old and sick and rich you may find long-estranged children returning to the fold and new friends willing to share your last days with you. Sometimes they are there out of love. Sometimes they want your money.

The most common method of defeating the distribution plan contained in a will or a trust is to convince an elder to give away all of her money before she dies. As I wrote in my last post, a gift is complete when the property is handed over and thereafter, the recipient can do whatever she wants with the property given.

Most wills give a parent's estate to the children in equal shares. Sometimes there is a child interested in getting more than an equal share. The best way for that child to turn that obnoxious will or trust into scrap paper is to get dad to sign over all his property while he is still alive.

If he has nothing left at his death, the will means nothing.

The traffic in my office suggests that the last years of a wealthy elder's life are a never-ending parade of relatives jamming papers in front of the elder for signature. Most of these papers transfer money or property from the elder to the person who came up with the paper.

They have all sorts of reasons the elder should sign and why it needs to be done right now:

?I need to be on your account so I can pay your medical expenses.?

?If you don't put me on the house, you will go to probate and the government will get all your money.?

?If you don't give me this money now you will have to pay taxes on it.?

The creativity of these folks is quite astounding, but none of the schemes benefit anybody but the person who receives the property.

No matter how sick you are, there is no good reason for giving away your money because a relative or your hairdresser thinks it's a good idea. If these people really cared about you, they would be offering to pay the cost of a visit to a competent estate planning lawyer.

Deathbed gifts often lead to litigation in which the people named in the will or trust attempt to recover what was given away. These cases employ a lot of probate lawyers. The cases are nasty and expensive and no matter who wins, the lawyers get a big chunk of the estate.

GIFTS AND SIBLING TENSION
Let's assume you die without giving away everything you own. Gifts are still going to play a role what happens.

Whether you like it or not, your children are going to treat the administration of your estate ? the distribution of your money and belongings ? as some sort of final reckoning of everything you did for them and everything they did for you.

Death is time to balance the books and settle accounts for everything that happened while you were alive.

A lot of families who end up in my office have one member who needed more help through life than did the others. Sometimes the help was necessary because of an obvious physical or mental illness. The healthy siblings in these cases are usually understanding.

Other times the disability is addiction, irresponsibility or congenital laziness and the children who did not get the extra help are not inclined to be as forgiving. They see the recipient of lifetime gifts as having a balance on the books that, upon death, needs to be taken into account when it comes to passing out the inheritance.

The recipient of the parental largess, who is often still broke and in need, doesn't see it that way.

Similarly, the child who has selflessly given up time and career opportunities to provide care for a parent sees the administration of the estate as a time to be financially recognized for the sacrifice he made while the other children pursued their personal aims. Generous and giving people often want their self-sacrifice to be rewarded and there is no better way to do that than when dividing father's estate.

Wills and trusts, however, seldom take these lifetime gifts into account. The estate is divided equally among the children. The child who has lived off his parents for decades gets no deduction for the gifts he received and the one who toiled to provide care gets no credit for his sacrifice.

Thwarted in their desire for a final account that acknowledges the gifts given by the elder and the gifts given by the children, the children focus their frustration on what seems to outsiders as something arbitrary.

Sometimes it is a bank account. Sometimes it is a lamp. Whatever it is, it is a symbol for their complaints against each other and their resentments against the dead elder.

As I wrote in my first post on gifts, mutual gifting is the way we take care of the those family members who need help. Sometimes it is the older members helping out the younger. Sometimes it is the younger members helping the elders.

But don't be fooled. Gifts have long and lasting effects. No matter what your age, give with care and receive with caution. A gift is without expectation of repayment. It is not, however, without consequences.

There is an adage that the question is not whether to give, but when and how. Put as much thought into your gifts as you do your estate plan. Your will or trust, your beneficiary designations, and the gifts you give should form a coherent whole.

Each piece should complement the others and advance the goal of leaving everyone in the family better off. You cannot eliminate the possibility of your funeral being the scene of rancor and litigation, but by thinking carefully about the gifts you give and receive you can significantly reduce the chances.


At The Elder Storytelling Place today, Johna Ferguson: Recycling

Posted by Ronni Bennett at 05:30 AM | Permalink | Email this post

Source: http://www.timegoesby.net/weblog/2012/10/tgb-elderlaw-attorney-gifts-part-2.html

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Analysis: Mexican labor reform signals battles ahead for Pena Nieto

MEXICO CITY (Reuters) - By the time Mexico's president-elect, Enrique Pena Nieto, takes office in December, he will almost certainly have a labor reform law on the books and one less battle to fight with skeptics inside his party.

But plenty more skirmishes await as the youthful Pena Nieto, 46, faces a showdown with traditionalists in his Institutional Revolutionary Party (PRI), commonly dubbed "dinosaurs."

On Saturday, the lower house of Congress gave its approval to the biggest overhaul of Mexico's job market in over 40 years, a bill designed to restrict labor lawsuits, regulate outsourcing and make it easier for employers to hire and fire workers.

The reform was proposed by outgoing President Felipe Calderon, though Pena Nieto's support helped it along and he will be a major beneficiary when he takes power on December 1.

By the time it was approved, however, PRI legislators had stripped it of elements hostile to trade unions, a bastion of PRI support derided by many Mexicans as corrupt.

The labor proposal, which must still pass the Senate, would check off one of Pena Nieto's three main economic campaign pledges.

PRI officials are confident the bill will become law. But the bumpy ride it had in the lower house was a sample of the challenges Pena Nieto faces persuading his party to accept reforms that go against its natural instincts.

"Beyond the stuff that's said about people wanting to change or not wanting to change, I'll tell you this: I'm not going to change," said Patricio Flores, a PRI union leader in the lower house, defending amendments to the labor reform. "Because I think things are where society wants them to be at the moment."

Pena Nieto also plans to open up state oil monopoly Pemex to more private investment and find ways of increasing Mexico's paltry tax take. He hopes the changes will boost economic growth and create a platform for the PRI to keep the presidency when his six-year term tends.

However, the reforms will sit uneasily with those in the PRI who see themselves as defenders of the corporatist model that formed the basis for its long rule between 1929 and 2000.

"Our dinosaurs are good people, but the problem with them is that they live in the 1970s," said Francisco Arroyo, a reformist PRI congressman in the lower house.

TIMING ESSENTIAL

Created by the PRI when it nationalized the oil industry in 1938, Pemex became a symbol of Mexican self-reliance.

But corruption within its powerful union and a huge tax burden - it provides nearly a third of the federal budget - have taken its toll, leaving it short of resources.

Pemex has fought off several attempts at reform over the years and the company's union, whose leader sits in the Senate for the PRI, still has considerable clout.

Pena Nieto wants the part-privatization of Brazil's state oil giant Petrobras to serve as a model for the revamp, but has given few details of his plans. He will likely have to act quickly if he wants to carry out far-reaching changes.

Pressure will gradually build on Pena Nieto to avoid unpopular steps ahead of regional elections in July, said Federico Berrueto, director general of polling firm GCE.

Pena Nieto can expect resistance on energy and fiscal reform from up to 20 percent of PRI lawmakers in Congress, he added.

"If Pena Nieto is decisive about confronting them, he'll win the battle," Berrueto said. "But they'll get stronger and stronger if Pena Nieto shows signs of weakness."

A senior official close to Pena Nieto said a party Congress to be held by February would be crucial in determining how far-reaching the PRI reforms on tax and energy would be.

The party could seek changes allowing it to levy value added tax (VAT) on food and medicines, breaking a longstanding taboo, and open up Pemex to more private investment.

"We'll be in trouble if we don't do it," the official said.

Pena Nieto will rely on a mix of young technocrats and party veterans to steer reforms through Congress, where he lacks a majority and is likely to need opposition support.

The lower house leadership falls to Manlio Fabio Beltrones, one of the most influential PRI politicians in Congress. Beltrones hands control of the Senate to Emilio Gamboa, who has been at the forefront of PRI politics for 30 years.

Both men are in their 60s and regular targets of PRI critics, who brand them relics of an era when corruption was widespread and top party officials could act with impunity.

But Pena Nieto has picked the two veterans to keep Congress in line with a government agenda being overseen by top aide Luis Videgaray, 44, a reform-minded economist who supporters say is the antithesis of the party's old guard.

If it cannot forge agreements in Congress, the party will only have itself to blame, said Brasil Acosta, a PRI congressman from Pena Nieto's home turf, the State of Mexico.

"This is the PRI's last chance to show it can govern, otherwise ... it's going to be very tough for it to return to office in the years that follow," said Acosta, 42.

BETWEEN A ROCK AND A HARD PLACE

Critics have seized upon the diluted labor bill as evidence that the PRI has not changed its ways.

"The primary obstacle to Pena's big idea of modernizing the Mexican economy is his own party," said Jesus Ortega, ex-leader of the leftist Party of the Democratic Revolution (PRD).

Pena Nieto left the door open for the PRI to ditch anti-union measures in Calderon's bill, mindful they were divisive. But reformers within his transition team privately express concern the party's old guard may emasculate his reforms too.

In many ways, he is between a rock and a hard place.

Even after the PRI changed the labor law, organizations that have long backed the party turned out to protest.

"The PRI has lost its social roots," said Jose Valdez, 72, a central committee member of the Regional Confederation of Mexican Workers, one of the oldest unions behind the PRI. "It used to be a center-left party, now it's center-right."

Leftist parties accuse the PRI of being in league with Calderon's conservative National Action Party (PAN), and they hope to pick up disgruntled voters in coming elections.

"PRI and PAN are the same," said Deborah Quiroz, a 45-year-old teacher blockading Congress during the labor bill debates.

Such accusations have made the PRI wary of taking big risks as it tries to boost Mexico's tax take, the lowest in the Organisation for Economic Co-operation and Development.

Allowing VAT on food and medicine could be costly in a country where half the population lives in poverty.

Pena Nieto has not yet revealed how far he wants to push the PRI, and its lawmakers are adamant the party must stay united.

But few doubt that Pena Nieto will achieve some kind of reforms. Even on the party's left, congressmen like Flores admit that without changes, institutions like oil giant Pemex that were long untouchable will struggle to compete internationally.

"We need to be open to different kinds of investment in terms of exploration, production and refining," Flores said of Pemex. "We can't wrap ourselves in the flag: we need to break with stereotypes if we want to progress."

(Additional reporting by Miguel Angel Gutierrez; Editing by Kieran Murray)

Source: http://news.yahoo.com/analysis-mexican-labor-reform-signals-battles-ahead-pena-184458328.html

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Cops: Teacher tried to hire hit man to kill another teacher

Hillsborough County Sheriff's Office

Bloomingdale High School history teacher James Pepe, 55, was arrested Thursday for allegedly trying to hire a hit man to murder a former colleague.

By Andrew Mach, NBC News

A high school history teacher in Florida has been arrested for attempting to hire a hit man to kill a former colleague, police said.

Plant City, Fla., police arrested James Peppe, 55, of Tampa outside of Bloomingdale High School in Valrico, Fla., as classes were being let out Thursday after he allegedly tried arrange to have his one-time friend and colleague murdered.

Police say the relationship between Pepe and Robert Meredith, an economics teacher, deteriorated as they worked together at Strawberry Crest High School. Pepe reportedly suspected Meredith was spreading rumors about him, and Pepe eventually transferred to a different school. Meredith stayed at Strawberry Crest.


But their feud continued, and police began investigating the case in August after they received a call from a man who told them he was concerned over several recent phone calls with Pepe during which Pepe allegedly tried to hire him to kill Meredith. The caller said he had been a friend of Pepe?s for more than 40 years. ?

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Plant City Police detectives started working with the FBI to track down Pepe, and during a telephone call on Sept. 13, Pepe told an undercover officer that he ?had an issue he might need taken care of,? and he was willing to pay $2,000, police said. That telephone call was followed by a second phone conversation during which the undercover officer attempted to arrange a meeting with Pepe.

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Pepe declined to meet in person but said he still wanted the Meredith murdered, police said.

Pepe faces a charge of solicitation of first-degree murder. He is being held without bond at the Hillsborough County Jail.?

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Source: http://usnews.nbcnews.com/_news/2012/10/01/14171843-police-florida-history-teacher-tried-to-hire-hit-man-to-kill-another-teacher?lite

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Gameloft's New iOS Wireless Controller Is a Portable iCade [Gaming]

ThinkGeek's adorable iCade is genius. It turns your iPad into a little arcade! Asteroids forever! If it has a drawback, it's that, well, it kind of destroys the iPad's portability. Meet the Bluetooth Duo Gamer controller, which sheds the cabinet for a dock that'll fit in your backpack. More »


Source: http://feeds.gawker.com/~r/gizmodo/full/~3/MzNRyscDbpM/gamelofts-new-ios-wireless-controller-is-a-portable-icade

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