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July Review: Aretha, Pop Culture Gifts, and So Long

July, 2023

July is coming to an end and so has my time writing Elder Law Issues newsletters. This is my last review of the prior month’s developments in elder law. New Fleming & Curti associate Matt Mansour and law clerk Jordan Young will be contributing articles instead. Maybe they’ll continue monthly or occasional news reviews. We’ll […]

Mental Health Care Powers of Attorney in Arizona

Mental health care power of attorney

When people are creating their advance directives, they often overlook one important document– the mental health care powers of attorney. Mental health care powers of attorney (POA) are legal documents that allow a person to make mental health treatment decisions on behalf of another person when they are unable to do so for themselves. The […]

Garn-St Germain and Your Estate Planning

Garn-St Germain

Last week in this space we wrote about Arizona’s beneficiary deed option. The Arizona law allows you to set up an automatic transfer on death for real estate. No probate, no complications. There are things to look out for, of course, but it can work for many people. One thing you should know about: Garn-St […]

Automatic Transfer on Death: Arizona’s Beneficiary Deed

Automatic transfer on death

You know that you can name a beneficiary on your life insurance account, your bank and other financial accounts — even your car. Wouldn’t it be great if you could create an automatic transfer on death for your home? Oh, wait — in Arizona, at least, you can. Arizona’s “beneficiary deed” We’ve written about the […]

September Review: Estate Tax Changes Around the Corner?

September review

October is around the corner, which means it’s time for the September review of elder law news and developments. Of utmost concern: Potential changes to the estate tax. We’ll devote most of our review to the current proposal, even though it’s very far from a done deal. Those who might be affected should think about […]

Ademption: Sale of Stock Defeats Inheritance

Ademption

A will (or trust) often leaves specific items — like stock — to named individuals. But what happens when that specific item no longer exists at the death of the owner? Well, let’s review the concept of “ademption.” What is ademption? The legal concept of ademption is straightforward. But understanding it requires us to first […]

Making Lists: A Good Way to Show You Care

Making lists

Write it down. For decades, law firms like Fleming & Curti have provided estate planning clients with blank forms for making lists for gifts of personal property. Clients rarely use them, but there are significant benefits to making lists. Lists give your executor (a/k/a personal representative) or trustee a roadmap for distributing the items. In […]

Arizona Advance Directive Registry is Moving

Arizona advance directive registry

If you signed your health care directives with Fleming & Curti, PLC, in the past decade or so, you probably already know about the Arizona advance directive registry. It gives you an easy — and free — way to store your health care power of attorney, living will or pre-hospital medical care directive online. For […]

August Review: Taxes, Planning, Aging & Bob Ross

August review

It’s the end of the month, so it’s time for the August review of elder-law related developments. Taxes & Planning Iowa has decided to ditch its inheritance tax, phased out and fully reduced by January 1, 2025. There are only five others: Kentucky, Maryland, Nebraska, New Jersey, and Pennsylvania. Even “Gen Z” needs to know […]

New Visitation Law: Coming Soon for Health Care Agents

Visitation law

In a few short weeks, health care agents will need something extra to protect incapacitated loved ones from upsetting visitors. A court order. Starting September 29, when new laws in Arizona take effect, health-care agents (“HCPOAs”) will be subject to a new visitation law, A.R.S. § 36-3211. New Visitation Law: ‘Encourage and Allow’ Contact The new […]

Robert B. Fleming

Attorney

Robert Fleming is a Fellow of both the American College of Trust and Estate Counsel and the National Academy of Elder Law Attorneys. He has been certified as a Specialist in Estate and Trust Law by the State Bar of Arizona‘s Board of Legal Specialization, and he is also a Certified Elder Law Attorney by the National Elder Law Foundation. Robert has a long history of involvement in local, state and national organizations. He is most proud of his instrumental involvement in the Special Needs Alliance, the premier national organization for lawyers dealing with special needs trusts and planning.

Robert has two adult children, two young grandchildren and a wife of over fifty years. He is devoted to all of them. He is also very fond of Rosalind Franklin (his office companion corgi), and his homebound cat Muninn. He just likes people, their pets and their stories.

Elizabeth N.R. Friman

Attorney

Elizabeth Noble Rollings Friman is a principal and licensed fiduciary at Fleming & Curti, PLC. Elizabeth enjoys estate planning and helping families navigate trust and probate administrations. She is passionate about the fiduciary work that she performs as a trustee, personal representative, guardian, and conservator. Elizabeth works with CPAs, financial professionals, case managers, and medical providers to tailor solutions to complex family challenges. Elizabeth is often called upon to serve as a neutral party so that families can avoid protracted legal conflict. Elizabeth relies on the expertise of her team at Fleming & Curti, and as the Firm approaches its third decade, she is proud of the culture of care and consideration that the Firm embodies. Finding workable solutions to sensitive and complex family challenges is something that Elizabeth and the Fleming & Curti team do well.

Amy F. Matheson

Attorney

Amy Farrell Matheson has worked as an attorney at Fleming & Curti since 2006. A member of the Southern Arizona Estate Planning Council, she is primarily responsible for estate planning and probate matters.

Amy graduated from Wellesley College with a double major in political science and English. She is an honors graduate of Suffolk University Law School and has been admitted to practice in Arizona, Massachusetts, New York, and the District of Columbia.

Prior to joining Fleming & Curti, Amy worked for American Public Television in Boston, and with the international trade group at White & Case, LLP, in Washington, D.C.

Amy’s husband, Tom, is an astronomer at NOIRLab and the Head of Time Domain Services, whose main project is ANTARES. Sadly, this does not involve actual time travel. Amy’s twin daughters are high school students; Finn, her Irish Red and White Setter, remains a puppy at heart.

Famous people's wills

Matthew M. Mansour

Attorney

Matthew is a law clerk who recently earned his law degree from the University of Arizona James E. Rogers College of Law. His undergraduate degree is in psychology from the University of California, Santa Barbara. Matthew has had a passion for advocacy in the Tucson community since his time as a law student representative in the Workers’ Rights Clinic. He also has worked in both the Pima County Attorney’s Office and the Pima County Public Defender’s Office. He enjoys playing basketball, caring for his cat, and listening to audiobooks narrated by the authors.