Failure of the Imagination in Seven-Decade-Old Trust
SEPTEMBER 6, 2016 VOLUME 23 NUMBER 33 Why involve an attorney in your estate planning? Partly because they know the rules — and not just the rules about how to prepare a valid and comprehensive...
View ArticleWhen You Might Want to Open an ABLE Act Account
SEPTEMBER 13, 2016 VOLUME 23 NUMBER 34 Now that ABLE Act programs have been set up in several states, you might wonder if it’s time for you to set up an account for yourself or a family member with a...
View ArticlePublic Fiduciary Offices in Arizona
SEPTEMBER 20, 2016 VOLUME 23 NUMBER 35 When an individual living in Arizona becomes incapacitated, or needs financial protection because of diminishing capacity, a family member, friend or private...
View ArticleSpecial Needs Trust Pays Substantial Legal Fees in Dispute
SEPTEMBER 26, 2016 VOLUME 23 NUMBER 36 Questions often arise about what kinds of payments may, or should, be made from a trust. When the trust is a “special needs” trust, the questions sometimes can be...
View ArticleYoung Man’s Father Secures Guardianship After Summer Visit
OCTOBER 3, 2016 VOLUME 23 NUMBER 37 Sometimes a legal proceeding in another state can help illustrate the procedures in your own state — because they are different. A guardianship case in Georgia last...
View ArticleTrust Decanting Used to Implement Special Needs Provisions
OCTOBER 10, 2016 VOLUME 23 NUMBER 38 Let’s say that your mother wants to leave an inheritance for your son (let’s call him Daniel), but that Daniel is a minor. How can she arrange his inheritance? By...
View ArticleArizona Appellate Decision Addresses Interesting Parentage Question
OCTOBER 17, 2016 VOLUME 23 NUMBER 39 Kelly and Sam are a married couple. They want to have a child, but cannot do so together, so they agree that Kelly will undergo artificial insemination. The process...
View ArticleChallenge to Will Leads to Further Problems for Stepson
OCTOBER 24, 2016 VOLUME 23 NUMBER 40 We often tell clients that they should think twice (or perhaps thrice) before challenging a will. It is difficult to prevail in a will contest, but there are also...
View ArticleUndue Influence and Limited Capacity Do Not Necessarily Justify Conservatorship
OCTOBER 31, 2016 VOLUME 23 NUMBER 41 In our legal practice, we frequently deal with individuals with limited capacity. Sometimes we speak of them being “incapacitated” or “incompetent.” Sometimes they...
View ArticleDurable Powers of Attorney: “Springing” or “Surviving”?
NOVEMBER 7, 2016 VOLUME 23 NUMBER 42 For over four decades, Arizona law has permitted residents to create powers of attorney that continue to be valid even after the signer becomes incapacitated. That...
View ArticleUnreachable Joint Account Makes Applicant Ineligible for Medicaid
NOVEMBER 14, 2016 VOLUME 23 NUMBER 43 Paul (that’s not his real name) needed long-term care. His health and his mental capability had both declined, and he could no longer handle his personal affairs...
View ArticleDeceased Trustee Not Liable for Punitive Damages in Kansas Case
NOVEMBER 21, 2016 VOLUME 23 NUMBER 44 When Alain Ellis died in 2007, she left about $2 million dollars in a trust. Her husband Harvey was the trustee of the trust, and entitled to receive all of the...
View ArticleDoctor’s Report to California DMV Does Not Violate Privacy Rights
DECEMBER 5, 2016 VOLUME 23 NUMBER 45 You might have wondered about this from time to time — we have, too. If a patient really shouldn’t be driving, is his or her doctor really able to write to the...
View ArticleTwo Words (“The Individual”) Make a Big Difference
DECEMBER 12, 2016 VOLUME 23 NUMBER 46 Congress may be in a historic post-election lull, but the end of the year can sometimes see surprising, bipartisan progress. With passage by the U.S. Senate of the...
View ArticleCommon-Law Marriage, Divorce and Probate, All In One Case
DECEMBER 19, 2016 VOLUME 23 NUMBER 47 Here’s a question we hear frequently: how long does a couple have to live together in order to be considered married? The answer in Arizona: until the wedding...
View ArticleTwo Adult Adoptions Lead to Uncertain Inheritance Outcomes
JANUARY 2, 2017 VOLUME 24 NUMBER 1 You probably know that it’s possible — though state laws vary quite a bit — to adopt an adult. But have you given any thought to what effect the adoption might have...
View ArticleWhy We Do What We Do
JANUARY 9, 2017 VOLUME 24 NUMBER 2 At Fleming & Curti, PLC, we represent seniors, people with disabilities and the family members who work with and support them. We also frequently act as trustee,...
View ArticlePrivacy Concerns Loom Large in Probate Court
JANUARY 16, 2017 VOLUME 24 NUMBER 3 Things change. This is our twenty-fourth year of publishing Elder Law Issues, and one thing we frankly didn’t think much about a quarter-century ago was privacy....
View ArticleEstate Planning is a Process, Not a Binder of Forms
JANUARY 23, 2017 VOLUME 24 NUMBER 4 There really is no question that it is important for almost every adult to have a will, and to consider signing both financial and health care powers of attorney....
View ArticleEstate Tax Portability — What If the Executor Refuses to File?
JANUARY 30, 2017 VOLUME 24 NUMBER 5 We knew it would happen, and now it has. A surviving spouse has sued to force the administrator of the deceased spouse’s estate to file a federal estate tax return...
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