DECEMBER 12, 2011 VOLUME 18 NUMBER 42 Last month we saw an interesting variation on fee requests for guardianship and conservatorship proceedings. A Washington State Supreme Court case dealt with the payment from wards’ estates to a professional fiduciary organization in unusual circumstances. James R. Hardman and his mother Alice Hardman are certified professional guardians…
DECEMBER 5, 2011 VOLUME 18 NUMBER 41 Most of the guardianship issues we deal with at Fleming & Curti, PLC, involve adults who have limited capacity or special needs. Sometimes, though, the subjects of a guardianship proceeding are minors; that can bring unique issues to the process. There are a few legal principles that govern…
NOVEMBER 21, 2011 VOLUME 18 NUMBER 40 Paternity testing has come a long way in the last few decades. You might reasonably think that it is now so easy to establish parentage that probate court disputes about the subject would be largely a thing of the past. If you thought that, you’d be wrong. Just…
NOVEMBER 14, 2011 VOLUME 18 NUMBER 39 Let’s talk about guardianship and conservatorship proceedings. Before we do, though, let’s remember a couple of important principles: We only know about Arizona guardianship or conservatorship. Well, OK — we might know a thing or two about other states’ rules and procedures — but we only practice in…
NOVEMBER 7, 2011 VOLUME 18 NUMBER 38 A woman has been diagnosed as suffering from dementia of the Alzheimer’s type, and she resides in an assisted living facility. She has short-term memory loss, is frequently forgetful and has difficulty with tasks like playing cards and operating her television set. Can she sign a new will?…
OCTOBER 31, 2011 VOLUME 18 NUMBER 37 Floyd Spence, a Republican Congressman from South Carolina, was a long-time survivor of a heart-lung transplant and a (separate) kidney transplant when he died in 2001, at the age of 73. He was survived by his second wife, Deborah Spence, and four adult sons from his first marriage…
OCTOBER 17, 2011 VOLUME 18 NUMBER 36 Lawyers are ethically prohibited from charging excessive fees. Period. It doesn’t matter if the lawyer has a fee agreement calling for an excessive fee. It doesn’t matter if the negotiated fee seemed reasonable at the time, but turned out to be excessive as things developed. It doesn’t matter…
OCTOBER 17, 2011 VOLUME 18 NUMBER 36 John and Marsha, contemplating marriage, want to enter into an agreement spelling out what will happen to their separate and community property if they later divorce, or when one of them dies. Or perhaps John and Marsha have been married for years, but are contemplating separation and maybe…
OCTOBER 3, 2011 VOLUME 18 NUMBER 35 Last week we tried to demystify some of the principles of self-settled special needs trusts, and to distinguish them from third-party trusts. This week we continue that education effort, focusing on the rules governing third-party trusts. Generally speaking, there are two kinds of special needs trusts. Those set…
SEPTEMBER 26, 2011 VOLUME 18 NUMBER 34 There is so much confusion about the difference between “self-settled” and “third-party” special needs trusts, that we want to try to explain and simplify some of the key concepts. Here are some of the most common questions (and misunderstandings): What is the difference between “self-settled” and “third-party” special…
