Corporate Transparency Act and Beneficial Ownership Reporting
In 2021, Congress enacted the Corporate Transparency Act (CTA). In an effort to curb financial crimes, the CTA included a new federal reporting requirement for beneficial ownership information (BOI). The law requires many companies doing business in the United States to report who owns or controls the company. Who has to report? Companies required to […]
Oklahoma Living Will Case Shows Difficulty in Implementation
Imagine that you have been diagnosed with a serious and debilitating disease. Your prognosis is not good, and the likelihood that you will become incapacitated is high. One thing you should consider is execution of a living will and other advance directives. Of course, everyone should consider signing a living will and a health care […]
Transferring Your Home on Your Death
There are a number of ways to transfer your home, or other real property, on your death, including joint tenancy with right of survivorship, beneficiary deed, will or trust. Joint Tenancy and Beneficiary Deed If you own your home with another person with right of survivorship, your share of the home will automatically transfer to […]
February wrap-up: conservatorship news and ERISA suits
Valentine’s day has come and gone and it’s time for the end-of-the-month wrap up! This month we have stories about environmentally friendly estate plans, ERISA law suits and even a new February holiday (and this one isn’t limited to couples). Estate Planning Forbes wrote an article this month on uncomfortable issues you might find yourself […]
Do You Need a Guardianship and/or Conservatorship?
You may think that you have to get a guardianship and/or conservatorship when someone close to you is losing capacity. A guardianship allows the court to appoint someone to make decisions over a person when the person can no longer do so themselves. A conservatorship is the same concept except over that person’s property. Some […]
Formal vs. Informal Probate- What’s the difference?
If a loved one died recently, you may have found yourself in need of opening a probate. For many, this strikes fear into their hearts, or at the very least makes them groan in dissatisfaction. Probate is notorious for being time-intensive, expensive and just a general pain to go through. Here in Arizona, there are […]
Medicaid and ALTCS Eligibility
Applying for Medicaid/ALTCS is a little easier if you have a general idea of whether the applicant meets all of the eligibility requirements. Medicaid vs. Medicare Medicaid and Medicare are both government programs that help relieve the cost of medical care. Medicare is a federal program that provides benefits for individuals 65 and older, and […]
January wrap-up: aging stories and new Alzheimer’s disease indicators
Month one- DONE! We’re in our final days of January 2024. The elder law hot topics this month include aging, a 93 year old rowing champion, decluttering, and new Alzheimer’s disease indicators. Stories on Aging Here at Fleming & Curti, PLC we talked about Swedish Death Cleaning. Margareta Magnusson popularized the idea in a book where […]
Self- Settled and Third-Party Special Needs Trusts
Do you have a disabled loved one? You may be torn about whether to leave them assets in your estate plan. You may think it’s best to leave them money outright. But, you know if you do that, they may no longer be eligible for their needs-based government benefits. Someone may have suggested that you […]
Should you be a trustee?
So, you’ve been named the successor trustee of a loved one’s trust. This is an honor. The person who chose you probably really trusted you and thought that you are responsible enough to handle their trust assets. But, just because you’ve been named as successor trustee, doesn’t mean you have to accept. Before you accept […]