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A Secret Trust, the Uniform Trust Code and Arizona Law

Secret trust

Can an Arizona trust be a secret trust? Is that something you should want? And what does it even mean? (And, we might add, what is an “Arizona trust,” anyway?) First: some notes on Arizona law Three weeks ago we wrote about a trustee’s duty to provide some kinds of information to trust beneficiaries. As […]

Voting Rights and Guardianship in Arizona

Voting rights

Voting rights are in the forefront of minds and media attention in this election year. But not much is written or discussed about the ability of someone under guardianship to exercise their right to vote. This week an Arizona appellate decision created a slight opening to discuss the topic further. Angie Weber’s story Angie Weber […]

General Powers of Appointment and Your Planning

General Powers of Appointment

Two weeks ago we wrote about powers of appointment, introducing the concept. The basic idea: you can give someone else the power to designate the ultimate recipient of a gift or bequest. We didn’t distinguish between (or describe) general powers of appointment and limited powers of appointment. We saved those concepts for another day. Today. […]

Trust Accountings for Irrevocable Trusts

There are a lot of duties and responsibilities that come with being the trustee of a loved ones irrevocable trust. One of those duties is to keep good records. Another duty is to keep qualified beneficiaries reasonably informed about the administration of the trust. This means the trustee should respond promptly to any reasonable request […]

Power of Appointment — Some Basics

Digital acceleration

When you give a gift to someone in trust, you get to decide who benefits from that gift after the initial beneficiary’s death, if there are still assets in the trust, but you do not have to. Another option is creating a power of appointment. What is a Power of Appointment? You can choose to […]

What does “durable” even mean?

Durable power of attorney

If you’ve had your powers of attorney drafted recently, you might see the word “durable” in the title or text of the document. If you do, that’s probably a good thing. Let’s talk about what it means and why you want it in your documents. What does “durable” mean in a power of attorney? Durable […]

April Wrap-up: Medicaid, O.J.’s will and AI-generated songs

It’s the end of April and this month’s hot topics were Medicare, celebrity deaths, and the AI-generated songs by deceased artists. Medicaid/ Medicare Coverage It’s been a busy month for Medicaid and Medicare. Here’s what you missed: The Ensuring Access to Medicaid Services (Access rule) final rule is scheduled to be published May 10, 2024. The […]

Human Composting Will Soon Be Legal in Arizona

Human composting

We wrote about the possibility just a month ago, but did not think it was coming to Arizona quite so quickly. But it has. Human composting will now be legal in Arizona. (Want to read the text of the new law, in context with existing law? It’s here.) The Arizona legislature sent a new law […]

Planning for Incapacity

When most people think of estate planning, they think of what happens on their death. However, estate planning also includes what happens while you are still alive but unable to make financial or healthcare decisions. Incapacity can mean that you would need someone to pay your bills, file your taxes, attend appointments with you, etc. […]

Food In-Kind Support Will No Longer Affect SSI Benefits

two elderly women prepare healthy food together

Recently, the Social Security Administration (SSA) issued a new rule: starting September 30, 2024 food support is no longer considered in kind support, and will not effect supplemental security income payouts. This change is potentially huge. It simultaneously provides new flexibility AND simplifies record-keeping and reporting. What is Supplemental Security Income? Supplemental Security Income (also […]

Robert B. Fleming

Attorney

Robert Fleming is a Fellow of both the American College of Trust and Estate Counsel and the National Academy of Elder Law Attorneys. He has been certified as a Specialist in Estate and Trust Law by the State Bar of Arizona‘s Board of Legal Specialization, and he is also a Certified Elder Law Attorney by the National Elder Law Foundation. Robert has a long history of involvement in local, state and national organizations. He is most proud of his instrumental involvement in the Special Needs Alliance, the premier national organization for lawyers dealing with special needs trusts and planning.

Robert has two adult children, two young grandchildren and a wife of over fifty years. He is devoted to all of them. He is also very fond of Rosalind Franklin (his office companion corgi), and his homebound cat Muninn. He just likes people, their pets and their stories.

Elizabeth N.R. Friman

Attorney

Elizabeth Noble Rollings Friman is a principal and licensed fiduciary at Fleming & Curti, PLC. Elizabeth enjoys estate planning and helping families navigate trust and probate administrations. She is passionate about the fiduciary work that she performs as a trustee, personal representative, guardian, and conservator. Elizabeth works with CPAs, financial professionals, case managers, and medical providers to tailor solutions to complex family challenges. Elizabeth is often called upon to serve as a neutral party so that families can avoid protracted legal conflict. Elizabeth relies on the expertise of her team at Fleming & Curti, and as the Firm approaches its third decade, she is proud of the culture of care and consideration that the Firm embodies. Finding workable solutions to sensitive and complex family challenges is something that Elizabeth and the Fleming & Curti team do well.

Amy F. Matheson

Attorney

Amy Farrell Matheson has worked as an attorney at Fleming & Curti since 2006. A member of the Southern Arizona Estate Planning Council, she is primarily responsible for estate planning and probate matters.

Amy graduated from Wellesley College with a double major in political science and English. She is an honors graduate of Suffolk University Law School and has been admitted to practice in Arizona, Massachusetts, New York, and the District of Columbia.

Prior to joining Fleming & Curti, Amy worked for American Public Television in Boston, and with the international trade group at White & Case, LLP, in Washington, D.C.

Amy’s husband, Tom, is an astronomer at NOIRLab and the Head of Time Domain Services, whose main project is ANTARES. Sadly, this does not involve actual time travel. Amy’s twin daughters are high school students; Finn, her Irish Red and White Setter, remains a puppy at heart.

Famous people's wills

Matthew M. Mansour

Attorney

Matthew is a law clerk who recently earned his law degree from the University of Arizona James E. Rogers College of Law. His undergraduate degree is in psychology from the University of California, Santa Barbara. Matthew has had a passion for advocacy in the Tucson community since his time as a law student representative in the Workers’ Rights Clinic. He also has worked in both the Pima County Attorney’s Office and the Pima County Public Defender’s Office. He enjoys playing basketball, caring for his cat, and listening to audiobooks narrated by the authors.