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Author Archives: Robert Fleming

attempted marriage

Appointment of Guardian May Invalidate Attempted Marriage

NewsletterBy Robert FlemingSeptember 3, 2017

Alan and Glenda were engaged. Tragically, Alan was in a 2010 automobile accident. He suffered a head injury, and his daughter filed a petition for appointment of a guardian. Soon, a guardian “of the property” was appointed. More than a year later, Alan and Glenda went ahead and got married. Was their attempted marriage valid?…

Lawyer Discipline

Lawyer Discipline Invoked After Self-Dealing With Mother’s Estate

NewsletterBy Robert FlemingAugust 27, 2017

We often write about cases of lawyer discipline. That’s not because we enjoy relating the stories, but because they often provide guidance even to non-lawyers. For one example, many of the lawyer discipline cases involve breaches of fiduciary duty. The duties owed to an estate are the same whether the executor is a lawyer or…

Probate Avoidance

Beneficiary Designations May be Key to Probate Avoidance

NewsletterBy Robert FlemingAugust 20, 2017

Probate avoidance is often a key goal for our estate planning clients. Sometimes that is best addressed by establishing a living trust. In other cases it might be just as efficient to focus on beneficiary designations. In fact, even when a living trust is involved, beneficiary designations help meet the purposes of the trust. At…

IRA Beneficiary Designation Affected by Divorce

NewsletterBy Robert FlemingAugust 13, 20171 Comment

In our last newsletter, we discussed the importance of following up your estate planning. Beneficiary designations are an important part of that process, we emphasized. Your IRA beneficiary designation can be particularly challenging to get right. You may have already noticed, too, that things change. A recent federal appellate decision (involving an Arizona state law)…

Beneficiary designation

A Key Part of Your Estate Plan: The Beneficiary Designation

NewsletterBy Robert FlemingAugust 6, 20171 Comment

After you have signed your estate planning documents, you still have more work to do. Where will you keep original documents? Who will get copies? But here’s a topic that too often gets overlooked: the beneficiary designation. What is at issue Perhaps your will or trust directs that a particular bank account is to be…

Power of attorney helps avoid guardianship

Guardianship Not Required With Power of Attorney in Place

NewsletterBy Robert FlemingJuly 30, 2017

We’ve written before about why you might want to avoid guardianship proceedings. They are expensive. More lawyers, judges and court-appointed officials are involved than most people would like to have in their lives. If you planned in advance, you probably would not choose a cumbersome, invasive and public legal proceeding. How can you avoid guardianship?…

Disgorge

Lawyer Entitled to Hearing Before Being Ordered to Disgorge Fees

NewsletterBy Robert FlemingJuly 16, 2017

When a court decides that a lawyer should return fees improperly collected, the usual term comes with powerful imagery. The lawyer is usually ordered to “disgorge” those fees. Courts are very protective about the fees charged in probate, guardianship and trust administration matters. Lawyers often find themselves having to justify their fees. An order to…

Trustee removal

Court Rejects Trustee Removal Petition in Family Dispute

NewsletterBy Robert FlemingJuly 9, 2017

When our clients sign living trusts, they usually are thinking about how to simplify legal proceedings. Trusts normally are not subject to court supervision, which helps save court costs and fees. Without court oversight, though, the trustee of a trust can sometimes get crosswise with the beneficiaries. When things reach too difficult of an impasse,…

holographic codicil

Please Don’t Handwrite Changes On Your Will

NewsletterBy Robert FlemingJuly 2, 2017

Arizona law allows you to sign a “holographic” will (or a holographic codicil). That means you can handwrite your own will and sign it. Such a will or codicil does not need the two witnesses usually required. So that means you can easily write — or change — your will yourself. Right? Please do not…

Paternity in Alaska

Will Contest Fails, But Paternity Remains an Issue

NewsletterBy Robert FlemingJune 25, 2017

Based on popular cultural references (and especially novels, television and movies), it might seem like will contests are commonplace. In fact, very few wills are contested. When a will contest is filed, it is seldom successful.The risk that someone might contest your will is very slight — but it does happen. The background story in…

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