Intestate Succession Rules Can Be Tricky to Apply
APRIL 4, 2016 VOLUME 23 NUMBER 13 March was “Write-a-Will” month (sometimes referred to as “Why a Will” month). Though we’ve never understood the difference, August will be “Make a Will” month again...
View ArticleNot Every Confused Senior Needs a Guardian or Conservator
APRIL 11, 2016 VOLUME 23 NUMBER 14 It is unusual to see an appellate court decision overturning an order appointing a guardian (of the person) or conservator (of the estate). Judges tend to be...
View ArticleThe Difference Between an Heir and a Beneficiary
APRIL 18, 2016 VOLUME 23 NUMBER 15 Your estate is simple, your family relationships clear, your intentions easy to understand. Why can’t you just write your own will, and save the legal fees? Because...
View ArticleMurder-Suicide Case Leads to Complex Probate Claim Analysis
APRIL 25, 2016 VOLUME 23 NUMBER 16 It was a horrible, tragic story. In June, 2012, Phoenix resident James Butwin killed his wife and three children, drove the family car to a remote area in the desert,...
View ArticleGuardianship / Conservatorship Petition Backfires on Son Who Exploited Mother
MAY 2, 2016 VOLUME 23 NUMBER 17 When a litigant asks the court for particular relief, lawyers call the request a “prayer.” It isn’t always as spiritual or respectful as that sounds, but it does give us...
View Article“Right of Survivorship” Terminated by Co-Owner Unilaterally
MAY 9, 2016 VOLUME 23 NUMBER 17 First, a short primer on “joint tenancy with right of survivorship”: In Arizona, there are two main ways that two or more people can own property together (assuming they...
View ArticleNotarized Will Fails for Lack of Witnesses
MAY 16, 2016 VOLUME 23 NUMBER 19 Frankly, we are surprised by the number of cases we see in which wills are improperly prepared or signed. The rules governing wills are not really that complicated, and...
View ArticleLawyers Continue Battle After Guardianship Dismissal
MAY 23, 2016 VOLUME 23 NUMBER 20 It will come as no surprise to anyone who has been involved in guardianship and conservatorship proceedings: the legal fees and related costs can often spiral out of...
View ArticleHave You Considered Buying Long-Term Care Insurance?
JUNE 6, 2016 VOLUME 23 NUMBER 21 Spoiler alert: the cost of long-term care can be really high. One of the leading national insurance companies (Genworth USA) conducts an annual survey of the actual...
View ArticleCourt Sets Aside Agent’s Transfers to Self Using Power of Attorney
JUNE 13, 2016 VOLUME 23 NUMBER 22 John Richardson was 86, living on his family farm in rural Nebraska, when he became ill enough that he could no longer take care of himself. His long-time companion...
View ArticleConcerned Sister Permitted to Intervene in Guardianship Proceeding
JUNE 20, 2016 VOLUME 23 NUMBER 23 Suppose your sister is developmentally disabled, and your brother has been appointed as her guardian, to make medical, placement and other decisions. Suppose your...
View ArticleSection 8 Housing Participant Permitted to Receive Special Needs Trust Benefits
JUNE 27, 2016 VOLUME 23 NUMBER 24 When an individual is receiving Supplemental Security Income (SSI) benefits, or Medicaid (AHCCCS, in Arizona) benefits, he or she may have benefits reduced or...
View ArticleSubject of Guardianship Allowed to Hire Own Attorney
JULY 4, 2016 VOLUME 23 NUMBER 25 Just two weeks ago we told you about an Ohio appellate decision dealing with the authority of a close family member (in that case a sister) to participate in, and...
View ArticleCourt Invalidates Will and Trust Naming Lawyer as Beneficiary
JULY 11, 2016 VOLUME 23 NUMBER 26 One principle governing lawyers is obviously and intuitively correct: A lawyer may not prepare a will or trust (or, for that matter, any other document or arrangement)...
View ArticleEstate Planning With Individual Retirement Account Trusts
JULY 18, 2016 VOLUME 23 NUMBER 27 One of the great things about our area of law practice is that the community of practitioners is just that — a community. Take, for instance, our good friend Amos...
View ArticleMaine Guardianship Violates Uniform Jurisdiction Act
JULY 25, 2016 VOLUME 23 NUMBER 28 Before any guardianship or conservatorship action can be filed in a local court, the court must have jurisdiction over the person subjected to the proceeding. For many...
View ArticleProbate Judge’s Unique Guardianship Orders Overturned
AUGUST 1, 2016 VOLUME 23 NUMBER 29 At Fleming & Curti, PLC, we handle a lot of guardianship and conservatorship proceedings. We even act as guardian (of the person) and/or conservator (of the...
View ArticleCan a Copy of a Missing Will be Admitted to Probate?
AUGUST 15, 2016 VOLUME 23 NUMBER 30 You’ve signed your will. We’ve given you the original in a fancy envelope, and a copy showing your signatures. What should you do with it? For most people, most of...
View ArticleHusband’s Interest in Trust Not Divided in Divorce Proceedings
AUGUST 22, 2016 VOLUME 23 NUMBER 31 Carl and Debbie (not their real names) were married, and have two children together. After more than a decade together, Carl filed for a divorce in their home state...
View ArticleTrustee Has Duty to Monitor His Lawyer’s Behavior
AUGUST 29, 2016 VOLUME 23 NUMBER 32 Are you a trustee, or named as successor trustee for a family member or friend? We regularly advise people in your circumstance that they should get good legal...
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