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Author Archives: Robert Fleming

The Smartest Retirement Book You’ll Ever Read

Reviews, Tucson Elder LawBy Robert FlemingFebruary 17, 2012

Review by Christina Nevins, Esq., Boynton Beach, Florida Book by Daniel R. Solin Let me first say that I don’t usually enjoy reading financial planning books.  Don’t get me wrong. I do read them, because I know that I need the information contained in them.  I just don’t enjoy the process, finding that many are…

Guardians Control Care Decisions, But Authority Is Not Absolute

Newsletter, Tucson Elder LawBy Robert FlemingFebruary 12, 2012

FEBRUARY 13, 2012 VOLUME 19 NUMBER 6 A Texas probate judge appointed Frederick and Lorraine Cooper (see note below) as guardian of their adult developmentally disabled daughter Cathy in 2003. Three years later, Cathy moved into a group home in Grapevine, Texas. After Cathy had lived there for about two years, the group home operator…

Book Review – Smart Women Don’t Retire

Reviews, Tucson Elder LawBy Robert FlemingFebruary 5, 2012

Smart Women Don’t Retire – They Break Free: From Working Full-Time to Living Full-Time; The Transition Network and Gail Rentsch (June 2008). A review by Heather D. Barron, Esq. I reviewed Smart Women Don’t Retire – They Break Free: From Working Full-Time to Living Full-Time. I specifically wanted to know how retirement differs for women…

Maine Service Cutback Leaves Disabled Minor Without Program

Newsletter, Tucson Elder LawBy Robert FlemingFebruary 5, 2012

FEBRUARY 6, 2012 VOLUME 19 NUMBER 5 Here’s an anecdote that we expect to see repeating itself over the next few years. It involves a fifteen-year-old boy with severe disabilities, and the Maine state Medicaid program. It also involves Maine’s efforts, like those of other states (including Arizona), to trim its eligibility roles for Medicaid,…

Will Rejected in Illinois but Approved by Indiana Courts

Newsletter, Tucson Elder LawBy Robert FlemingJanuary 29, 2012

JANUARY 30, 2012 VOLUME 19 NUMBER 4 We are frequently surprised by how much trouble people cause for their families and heirs by not taking simple steps to properly plan for their estates. One thread that often recurs involves a fear (or perhaps disapproval) of lawyers, leading to failure to get good legal advice about…

No special needs trust

Why You Should Not Create a Special Needs Trust

Newsletter, Tucson Elder LawBy Robert FlemingJanuary 15, 20121 Comment

JANUARY 16, 2012 VOLUME 19 NUMBER 3 Let’s say you have a child with “special needs,” or a sister, brother, mother or other family member. You have not created a special needs trust as part of your own estate plan. Why not? We know why not. We have heard pretty much all the explanations and…

Challenge to Three-Year-Old Trust Reformation is Dismissed

Newsletter, Tucson Elder LawBy Robert FlemingJanuary 8, 2012

JANUARY 9, 2012 VOLUME 19 NUMBER 2 With the increased emphasis on (and use of) living trusts for estate planning, we lawyers are seeing more and more cases in which an old trust needs modification. Perhaps the tax laws have changed since a parent or grandparent died. Maybe what once made sense is less defensible…

Court Rule Changes Will Affect AZ Fiduciaries in 2012

Newsletter, Tucson Elder LawBy Robert FlemingJanuary 1, 2012

JANUARY 2, 2012 VOLUME 19 NUMBER 1 Two weeks ago we detailed some of the statutory changes facing guardians, conservators and other fiduciaries in Arizona beginning with the new year. At the same time the legislature was working on those changes, the Arizona Supreme Court was considering changes to the rules and procedures governing probate…

Ohio Probate Judge Describes Court as “Superior Guardian”

Newsletter, Tucson Elder LawBy Robert FlemingDecember 26, 2011

DECEMBER 27, 2011 VOLUME 18 NUMBER 44 Carl Smith is a developmentally disabled young man living in Ohio. When he reached age 18, his mother Peggy Smith applied to the local probate court for appointment as his guardian. She was appointed, and Carl continued to live with her for the next several years. In 2005…

Arizona Probate Court Changes Coming in 2012

Newsletter, Tucson Elder LawBy Robert FlemingDecember 18, 20112 Comments

DECEMBER 19, 2011 VOLUME 18 NUMBER 43 It is not exactly a secret that the Arizona probate court system has been widely criticized over the past two years or so. The Phoenix-area newspapers have been filled with stories about alleged abuses of the probate process. Many of those stories have focused on practices in the…

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