SEPTEMBER 14, 2015 VOLUME 22 NUMBER 33 Once in a while we read an appellate court decision that nicely addresses a subject which isn’t the issue before the court. A recent Arizona Court of Appeals case illustrates this phenomenon nicely. The legal issue was technical and would appeal only to lawyers — and probably only…
SEPTEMBER 7, 2015 VOLUME 22 NUMBER 32 How much can an attorney charge in a probate proceeding? In Arizona, at least, the principal rule is one that is difficult to determine: attorney’s fees must be “reasonable”. But what does that actually mean? A recent Arizona Court of Appeals decision approving the fees charged by the…
AUGUST 24, 2015 VOLUME 22 NUMBER 31 One of the best things about establishing a living trust is that you are helping to minimize the likelihood that any court will ever be involved in the administration of your estate. That can save costs, avoid conflicts and give you peace of mind. But sometimes courts do…
AUGUST 17, 2015 VOLUME 22 NUMBER 30 We frequently see clients in second (or even third or fourth) marriages, with children from prior relationships. When we discuss how their assets should be distributed, they can usually give us a quick summary. Their plans vary, but they often fit into one of these models: Maybe the…
AUGUST 10, 2015 VOLUME 22 NUMBER 29 Late in 2012, Mark West was driving a car that struck and injured Don Barnes (both names have been changed) in the Phoenix area. Barnes hired an attorney to sue West, but because the attorney was unsure of Barnes’ ability to understand the proceedings, he sought appointment of…
AUGUST 3, 2015 VOLUME 22 NUMBER 28 As part of Pennsylvanian Sharon Edwards’ (not her real name) divorce settlement, she and her husband agreed to establishment of a special needs trust to hold some of the marital property she would receive. With the trust in place, Sharon would continue to qualify for Supplemental Security Income…
JULY 27, 2015 VOLUME 22 NUMBER 27 Lawyers love to name and categorize everything they deal with. It’s a useful way to group similar concepts, but it can lead to confusion and misunderstanding. That’s particularly true when a legal concept is non-exclusive — in other words, when one instrument can go by a number of…
JULY 20, 2015 VOLUME 22 NUMBER 26 It was really hard to find the right estate planning attorney, but you’re confident you’ve made a good choice (and we’re glad it’s us). You’ve made the first appointment — it’s set for two weeks from today. You’ve gotten the questionnaire from the lawyer’s office, and it looks…
JULY 6, 2015 VOLUME 22 NUMBER 25 Management of a trust can be difficult, and the responsibilities imposed on a trustee can be considerable. Sometimes that last part is not obvious, since trusts are often unsupervised — that is, no court is involved in the handling of most trusts, and there is no “trust cop”…
JUNE 29, 2015 VOLUME 22 NUMBER 24 Clients are often unfamiliar with the concept of a “power of appointment.” If they don’t know what it is, they can be excused for not knowing whether they have one, or how to use it. Suppose Thomas leaves $10,000 to charities in his trust, but gives his brother Richard…