Conservator Not Required to Unwind Protected Person’s Estate Plan
JUNE 8, 2015 VOLUME 22 NUMBER 21 When an aging parent begins to fail, and a scheming caretaker appears to take advantage, what should concerned children do to respond? Should they consider a report to...
View ArticleThe Myth of the Simple Will
JUNE 15, 2015 VOLUME 22 NUMBER 22 “I don’t want anything complicated,” said our new client. “I just want a simple will.” For almost four decades, we’ve been waiting for the client who wants a...
View ArticleAttorney Representing Incapacitated Adult Ordered to Refund Fees
JUNE 22, 2015 VOLUME 22 NUMBER 23 How much does it cost to establish a guardianship or conservatorship? Is there any limit on the possible legal costs? These are questions that we deal with on a...
View ArticleExercise of a Power of Appointment Should Follow the Document
JUNE 29, 2015 VOLUME 22 NUMBER 24 Clients are often unfamiliar with the concept of a “power of appointment.” If they don’t know what it is, they can be excused for not knowing whether they have one, or...
View ArticleHow to Get in Trouble for Your Handling of Your Child’s Money
JULY 6, 2015 VOLUME 22 NUMBER 25 Management of a trust can be difficult, and the responsibilities imposed on a trustee can be considerable. Sometimes that last part is not obvious, since trusts are...
View ArticleGetting Ready for Your Appointment With the Lawyer
JULY 20, 2015 VOLUME 22 NUMBER 26 It was really hard to find the right estate planning attorney, but you’re confident you’ve made a good choice (and we’re glad it’s us). You’ve made the first...
View ArticleThe “Spendthrift” Trust Explained
JULY 27, 2015 VOLUME 22 NUMBER 27 Lawyers love to name and categorize everything they deal with. It’s a useful way to group similar concepts, but it can lead to confusion and misunderstanding. That’s...
View ArticleDebit Card for Special Needs Trust Creates Eligibility Problem
AUGUST 3, 2015 VOLUME 22 NUMBER 28 As part of Pennsylvanian Sharon Edwards’ (not her real name) divorce settlement, she and her husband agreed to establishment of a special needs trust to hold some of...
View ArticleConservator Properly Appointed for Missing Homeless Man
AUGUST 10, 2015 VOLUME 22 NUMBER 29 Late in 2012, Mark West was driving a car that struck and injured Don Barnes (both names have been changed) in the Phoenix area. Barnes hired an attorney to sue...
View ArticleEstate Planning in Second-Marriage Situations Can Be Tricky
AUGUST 17, 2015 VOLUME 22 NUMBER 30 We frequently see clients in second (or even third or fourth) marriages, with children from prior relationships. When we discuss how their assets should be...
View ArticleFiguring Out What Court Has Jurisdiction Over a Trust
AUGUST 24, 2015 VOLUME 22 NUMBER 31 One of the best things about establishing a living trust is that you are helping to minimize the likelihood that any court will ever be involved in the...
View ArticleAttorney’s Fees in Probate Proceeding Challenged, Approved
SEPTEMBER 7, 2015 VOLUME 22 NUMBER 32 How much can an attorney charge in a probate proceeding? In Arizona, at least, the principal rule is one that is difficult to determine: attorney’s fees must be...
View ArticleWhat Survivor Must Do When Trust Mandates Split on First Death
SEPTEMBER 14, 2015 VOLUME 22 NUMBER 33 Once in a while we read an appellate court decision that nicely addresses a subject which isn’t the issue before the court. A recent Arizona Court of Appeals case...
View ArticleMother’s Gifts to Children Create Dispute Over Special Needs Daughter
SEPTEMBER 21, 2015 VOLUME 22 NUMBER 34 What plans should you make when you have a child receiving Supplemental Security Income (SSI) or Medicaid benefits? Should you create a special needs trust?...
View ArticleNot Every Cognitively-Impaired Senior Needs a Conservator
SEPTEMBER 28, 2015 VOLUME 22 NUMBER 35 We handle a lot of guardianship and conservatorship proceedings at Fleming & Curti, PLC. We also meet with a lot of clients (or potential clients) and help...
View ArticleWhen You Need to Talk With a Lawyer
OCTOBER 5, 2015 VOLUME 22 NUMBER 36 So often we field questions (on this website and in our practice) about whether people need to consult a lawyer. Unsurprisingly, perhaps, there is a terrific...
View ArticleHandling Your Own Legal Work — Without a Lawyer
OCTOBER 12, 2015 VOLUME 22 NUMBER 37 Last week we wrote about when you might reasonably represent yourself — that is, when you might not need a lawyer for your legal work. We suggested that what...
View ArticleBeneficiaries Permitted to Modify Trust Terms by Agreement
OCTOBER 19, 2015 VOLUME 22 NUMBER 38 Not every client we speak with wants to set up a trust for generations of descendants, but some do. The notion of allowing assets to grow for two or three (or more)...
View ArticleQuit Claim Deed Was a Mistake, Says Mother
OCTOBER 26, 2015 VOLUME 22 NUMBER 39 We’ve made the key points before: don’t sign your home over to your children while you’re still alive, and be very careful about doing your own estate planning...
View ArticleThings to Consider When You’re Named as Successor Trustee
NOVEMBER 2, 2015 VOLUME 22 NUMBER 40 When a family member dies, you will need to address a number of items. One that might come up: handling the revocable living trust they created. If you are named as...
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