Roz and Duncan Work as a Team
Long-time friends of Fleming & Curti, PLC, will recall the late Odin Tyvlytter and his colleague Duncan. After the sad death of Odin, we recruited Rosalind Franklin to step in. Now office visitors can meet with Roz and Duncan if they wish. Usually, of course, there’s also a lawyer involved in those meetings. Meet Rosalind […]
Britney: Struggles Illustrate Common Themes
Oops, we’re doing it again. We’ve written about Britney Spears and her conservatorship from time to time, including two weeks ago, after she appeared in court. Here we are again, not to address Britney’s situation specifically but to look at how her conservatorship illustrates some truths about conservatorships. (Stars! They’re just like us!) But a lot […]
Trust Restatement, or Trust Amendment?
You want to amend your revocable living trust. Your lawyer has told you that you need a trust restatement. What’s the difference, and which should you prefer? The basic rule A trust restatement is really just the ultimate amendment. Assuming that you retained the authority to amend your trust, you can amend it by completely […]
Britney Speaks, Shows She Still May Need Help
It’s the end of the month, which is when we normally survey the landscape and share interesting developments in elder law. But Britney spoke in court, and we can’t resist. You may have heard that, for more than a decade, pop star Britney Spears has been under conservatorship in California. Conservatorships are typically needed for […]
Remarriage and Your Trust
We see it often in our practice. A couple prepares their estate plan, including a joint revocable trust. One spouse dies, and eventually the surviving spouse remarries. What is the relationship between remarriage and your trust plan? Michael Berezo Michael Berezo lived in Kirkwood, Missouri. He had married Alene Haskell in 1986; the couple had […]
Family Is a Factor in Almost Every Estate
Estate planning is always a family affair. Family is a factor whenever someone dies — even if relatives stand to receive nothing at all. For people without Wills or Trusts, family is the default (not “the state,” as many people believe). State “intestacy” laws try to guess what most people would want, and they get […]
Special Needs Trust Terminated When Beneficiary Moved
What happens to a special needs trust when the beneficiary moves to a new state? Will the trust continue, or transfer to the control of the new state? One special needs trust beneficiary in Colorado discovered the Centennial State’s odd rule: a special needs trust is terminated when the beneficiary moves. Parker Wilson’s story Young […]
May Review: Politics, Planning & Prince
It’s the end of the month, which means it’s time to check out the elder law landscape and share items that we think are interesting or newsworthy, or both. For the May review, there’s politics, planning, and Prince: Power and Politics Mandatory Visitation. Topping the politics list is Arizona’s Senate Bill 1417, which Governor Doug […]
What Are Health Care Powers of Attorney For? Health Care!
Health care powers of attorney are for making health care decisions. That seemingly obvious idea was just confirmed by the Arizona Court of Appeals, which sided with a widow trying to sue a care facility. The case, Heaphy v. Willow Canyon Healthcare, Inc., centers on a contract that Shirley Heaphy, as heath-care agent for her […]
Trust Protector’s Amendment Challenged By Beneficiaries
A recent Arizona appellate case raised a novel question. Can a trust protector’s amendment be challenged by the trust’s beneficiaries? Austin Bates and his family To understand the appellate decision — and the effect it might have on others — it helps to know the family involved. From the reported decision and a quick check […]
