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Author Archives: Robert Fleming

“Spendthrift” Trust Protects Against Beneficiary’s Creditors

Newsletter, Tucson Elder LawBy Robert FlemingMay 16, 2010

MAY 17, 2010  VOLUME 17, NUMBER 16 What makes a trust a “spendthrift” trust, and what does it mean? A recent Florida Court of Appeal case gives a good snapshot of the significance and the effect of the categorization. Elizabeth Miller wanted to leave her property to her two sons, but wanted to protect against…

Non-Lawyer Trust Preparation Group Shut Down in Indiana

Newsletter, Tucson Elder LawBy Robert FlemingMay 3, 2010

MAY 3, 2010  VOLUME 17, NUMBER 15 United Financial Systems Corporation looks like they can do it all. According to their website (which you will have to look up for yourself — we don’t want to point to it since it still includes information about how to sign up for the activities that have now…

Danger - Power of Attorney

Durable Powers of Attorney Are Important But Dangerous

Newsletter, Tucson Elder LawBy Robert FlemingApril 26, 20101 Comment

APRIL 26, 2010  VOLUME 17, NUMBER 14 A power of attorney is one of the most important, powerful and dangerous documents you will ever sign. Why is it important? Because your family has no inherent right or power to handle your finances in the event that you become incapacitated. Why is it dangerous? Because it…

Our Free Seminar Reviews 2010 Law Changes For Estate Plans

Newsletter, Tucson Elder LawBy Robert FlemingApril 19, 2010

APRIL 19, 2010  VOLUME 17, NUMBER 13 This has been a tumultuous year for estate planning attorneys—and for their clients. The federal estate tax has been repealed, there are new rules in effect governing Roth IRAs, and heirs are facing higher capital gains liability. We don’t profess to have all the answers, but we think…

Support Can Be Awarded After Child’s Majority In Some Cases

Newsletter, Tucson Elder LawBy Robert FlemingApril 12, 2010

APRIL 12, 2010  VOLUME 17, NUMBER 12 Most people are familiar with modern concepts of child support. It can be awarded to the custodial parent in a divorce proceeding. The amount of support is usually calculated by reference to standardized computations promulgated by the courts. A support award usually includes an automatic assignment of wages…

Deductions for Taxpayers and Families With Special Needs

Newsletter, Tucson Elder LawBy Robert FlemingApril 5, 2010

APRIL 5, 2010  VOLUME 17, NUMBER 11 Tax time is upon us yet again — just like last year and the year before. Funny how it rolls around every twelve months. OK — “funny” might not be the best word. There is a certain irony in describing the tax deductions available to families raising or caring…

Maryland Medicaid Agency Settles Multi-Million Dollar Lawsuit

Newsletter, Tucson Elder LawBy Robert FlemingMarch 22, 2010

MARCH 22, 2010  VOLUME 17, NUMBER 10 This week’s Elder Law Issues was written by our friend and Maryland colleague Ron M. Landsman. He describes the resolution of a class lawsuit he initiated in Maryland, challenging that state’s practice of setting Medicaid patients’ co-payment amount too high to allow them to pay nursing home bills incurred…

Late-life marriage

Late-Life Marriage Leads To Property Dispute in Divorce

Newsletter, Tucson Elder LawBy Robert FlemingMarch 15, 2010

MARCH 15, 2010  VOLUME 17, NUMBER 9 Older individuals often get married, of course, and sometimes face legal issues as a result of separation or divorce. The legal problems associated with the end of a late-life marriage are not necessarily different from those faced by younger divorcing couples. A recent Arizona Court of Appeals decision…

Attorney’s Position on Ending Guardianship Case Approved

Newsletter, Tucson Elder LawBy Robert FlemingMarch 8, 2010

MARCH 8, 2010  VOLUME 17, NUMBER 8 {Ed. Note: this week’s Elder Law Issues was written for us by our friend, and nationally-known elder law authority, Prof. Rebecca C. Morgan. Prof. Morgan holds the Boston Asset Management Chair in Elder Law at the Stetson University College of Law, and she is the Director of Stetson’s Center for Excellence…

Online Video Gives Advice On How to Write Your Living Will

Newsletter, Tucson Elder LawBy Robert FlemingMarch 1, 2010

MARCH 1 , 2010  VOLUME 17, NUMBER 7 Everyone should sign a living will and (perhaps more importantly) a health care power of attorney. You knew that already, right? But how should one go about preparing a living will? The answer is deceptively simple. Forms are widely available online, from health care providers and from…

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