New clients frequently come to us after they have been told that they need to “get” or “set up” a special needs trust. They often don’t realize that there are different kinds of special needs trusts. Sometimes a self-settled special needs trust is the right answer. In some cases the right approach is a third-party…
We’ve written — and talked — about different types of special needs trusts over the past week. One term that we frequently hear is about “supplemental benefits” trusts. Are they same thing as special needs trusts? Are they even recognized in Arizona? In this week’s podcast, we try to demystify the supplemental benefits trust. Join…
There are different types of special needs trusts. That should not be surprising — but the effect sometimes is. Besides that, the differences can generate plenty of confusion. Host Robert Fleming and guest Elizabeth Noble Rollings Friman, partners in the Tucson elder law firm of Fleming & Curti, PLC, discuss the differences and some of…
You’ve signed your will and powers of attorney. Maybe you’ve even signed a living trust. But now who should get copies of your will and trust? Is the answer different for your powers of attorney? What to do with the original documents First, let’s just say a word about what you should do with the…
In earlier podcasts, we have discussed why you might want to create an irrevocable estate plan, and how you might go about it. This time our focus is different: can you modify your irrevocable estate plan? Perhaps you and your first spouse set up a plan a decade or two ago, shortly before your spouse…
In a divorce proceeding, the court determines who should have custody (and decision-making authority) over any minor children. When a child subject to such an order reaches majority, the court order usually expires. But when the now-adult child has a disability, either or both parents may seek appointment as guardian. Does the divorce court custody…
You might want to make your estate plan irrevocable. Why? We discussed that in last week’s podcast. It might be because you want to make sure your spouse can’t change things after your death. Perhaps you don’t trust yourself not to be swayed by hopeful relatives or acquaintances. But for this podcast episode, let’s discuss…
At Fleming & Curti, PLC, we frequently act as fiduciary. That means we handle money held in trusts, conservatorships and individual names. It also means we file tax returns — lots of them. We have just completed (mostly) the 2018 tax filings, and we have some insights into how the 2017 Tax Cut and Jobs…
Our clients often ask about making their estate plans irrevocable. Before we describe steps we might recommend, we want to understand why you think it’s important. In this podcast session, we discuss the reasons clients tell us they want an irrevocable estate plan. Later, we’ll talk about some of the choices we typically present to…
Clients often ask how to make their estate plan irrevocable. In most (but not all) cases, the question comes from a married couple — often in a second or later marriage, and with children from earlier marriages. The actual question one spouse asks: how can I be sure that my spouse can’t change our estate…