Tucson Elder Law Attorney

We are 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. As Tucson Elder Law Attorney (s). That’s what we know.

Practice Areas

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Guardianship & Conservatorship

We represent guardians, conservators, and the subjects of proceedings when court involvement is required. We also act as guardian and conservator in appropriate cases.

Estate Planning

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.

Wills, Trusts & Powers of Attorney

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.

Trust & Estate Administration

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.

Long-Term Care (Medicaid) Planning

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.

Private Fiduciary Services

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.

Our Attorneys

Robert B. Fleming
Thomas A. Curti
Amy Farrell Matheson
Elizabeth Rollings Friman
Jacquelyne J. Mingle

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Curti regularly conducts useful CLE programs for lawyers in area related to trust administration and estate planning and is highly regarded.

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Fleming is an outstanding lawyer in the fields of trusts and estates, estate planning and elder law, and most lawyers in this community refer matters to him or call upon his expertise on a regular basis.

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Wonderful people who helped us through a very trying time.

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Tucson Elder Law Attorney Newsletter

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judicial immunity

Judicial Immunity Does Not Protect GAL or Attorney

Judicial immunity protects judges and court personnel from being sued by unhappy litigants. Does that protection extend to people appointed by the judge under court rules? Sometimes, but not in every instance. Steve Gibson’s murder In 2013,Steve Gibson was brutally murdered in his Peoria, Arizona, home. Police soon determined that Gibson’s wife, son, and daughter…

advance directives

What Luke Perry Taught Us About Advance Directives

Although death sometimes arrives with plenty of warning, often there is none. Estate planning, of course, tries to provide a roadmap for both scenarios. The truth is, having an estate plan doesn’t always mean things go smoothly, and when things go smoothly, it’s not always because there was an estate plan. Take Luke Perry. After…

IRA beneficiary designation

IRA Beneficiary Designation Controls Distribution at Death

We’ve written about this issue before. Generally, your IRA beneficiary designation will control who receives your account. Your will (or trust) provisions will not override the beneficiary designation. Arizona’s community property rules won’t have much effect — in fact, they will normally have no effect. It’s all about your IRA beneficiary designation. Of course, people…

Retirement account

Retirement Account Divided in Divorce

Arizona, of course, is a community property state. How does that affect the retirement account accumulated by one spouse during their marriage? Community property and the retirement account One spouse may have an interest in the other spouse’s retirement account, especially when it was accumulated during the marriage. State law, however, often takes a back…

Due process

Due Process Required in Guardianship Proceeding

Probate courts have broad discretion about how to handle the cases they consider. Especially when it comes to guardianship and conservatorship, the probate judge usually has considerable latitude about how to proceed. It is essential, however, that the probate judge recognize that he or she must give the litigants their due process — the rules…

Court investigator

Court Investigator Required Before Appointment of Guardian

Non-lawyers often assume that courts regularly appoint guardians from a list of people or agencies they have dealt with before. In fact, the people involved almost always choose the guardian, rather than the judge herself. Many states (including Arizona) do have a method for vetting a potential guardian, though. The role may be named something…

Jacque Mingle

Changes at Fleming & Curti, PLC

Usually, this space is occupied by a report on a recent case or circumstance. We try to generalize those specific cases for our Arizona clients. Or perhaps we tackle a larger issue that comes up regularly. Today, though, we’d like to tell you about new and upcoming changes at Fleming & Curti, PLC. We’re not…