Elder law isn’t exactly the hot legal topic of the moment, but we’ll still share some of the month’s developments anyway. The June review: Aging in America National Geographic and AARP paired up to do a major study of America’s attitudes toward aging. They covered six areas: health, money, happiness, relationships, life stages, and end of life. The result? “Overall, the message was refreshingly positive and reassuring. On the whole, life is good, especially for older Americans.” And, “the people
Is modification of a special needs trust possible? Even if the trust is irrevocable, and its terms are clear? The short answer is "yes" -- at least in some circumstances. A recent Texas Supreme Court case illuminates the principles. And the story is pretty interesting, to boot. "Dick" Poe was a prominent businessman from El Paso, Texas. He owned several auto dealerships and a number of parcels of commercial real estate. One of his two sons -- Troy S. Poe
The New York Times is wrong. In a recent “Social Q’s” column, a reader asked for inheritance advice. The response was off the mark. (For the purposes of this article, we’ll call the questioner “Reader.” And though the column didn’t reveal Reader’s gender, for easy identification, we’ll assume Reader is female.) Reader describes the circumstances: She and her sibling, a brother, are around 50 years old. Reader is single, and has no children. Her brother is married with three kids
Can a beneficiary deed challenge be based on alleged undue influence? Yes, in the same way that a will, a trust, or another writing could be challenged. A recent Arizona appellate decision spelled out some of the rules and details. But what is a beneficiary deed? First, a little introduction. Arizona is one of the 60% (or so) of states in which you can sign a deed that becomes effective on your death. Some states call them "TOD" (Transfer on
Tucson Elder Law Attorneys
We are Tucson elder law attorneys committed to helping seniors, individuals with disabilities, and their families and supporters make informed choices guiding them through some of life’s most important decisions. That may mean estate planning, special needs planning, guardianship, conservatorship, long-term care planning or probate. That’s what we know.
Our weekly newsletter and podcasts (created by and featuring Fleming & Curti, PLC, attorneys) highlight new developments and long-standing strategies.
Fleming & Curti is not a traditional law firm. We do practice traditional elder law, but we also provide fiduciary services. We couldn’t do either without the hard work and dedication of our team members:
Supports the firm’s elder law efforts, facilitating estate planning, filing probate pleadings, and assisting with estate and trust administration, and guardianships and conservatorships.
Focuses on fiduciary services, managing the daily needs of those for whom the firm serves as trustee, guardian, conservator, or agent under power of attorney.
Implements plans for assets to which the firm is entrusted as trustee, conservator, or agent under financial power of attorney.
We represent guardians, conservators, and the subjects of proceedings when court involvement is required. We also act as guardian and conservator in appropriate cases.
We prepare documents to complete your estate plan. Most importantly, we help you determine whether you need a trust, and we counsel you on selection of agents, trustees and personal representatives.
We are familiar with long-term care costs and eligibility for public benefits, and how to maximize benefits for a person dependent on the public system. We can prepare applications or process renewals for eligibility.
We counsel individuals about planning for tax, benefits eligibility and preparation for aging and disability. We understand that one important consideration for clients is the cost of effective planning. One common area we work in: special planning for family members with special needs.
Once estate planning documents are in place, we help with administration of the trust or estate. We represent trustees, agents and personal representatives. We prepare accounts and taxes, or we oversee those administrative matters. We are particularly interested in helping with special needs trusts.
In select cases (and usually when there is no other good alternative) we act as trustee, personal representative or agent. We handle financial and life decisions, prepare tax returns and keep interested parties in the loop.