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 […]
Durable Financial Power of Attorney and IRS Form 2848
A broad durable financial power of attorney typically intends to give your agent the ability to act on your behalf in just about any setting other than medical decision making. However, the IRS, and some financial institutions, will only accept their own power of attorney form for you to appoint an agent. Springing or Surviving? […]
December wrap-up: gift giving and new year estate planning
Say goodbye to 2023 and hello to 2024. It’s New Year’s Eve! Estate Panning for the New Year Tomorrow starts the New Year. Is one of your resolutions to get a new estate plan? It should be, or, at least Forbes thinks so. They also offer some considerations for your new documents including the federal estate […]
Reasons to Make Gifts During Your Lifetime
It’s the end of the year and many of us are thinking about making gifts to people we care about. Many of us are also thinking about creating or changing our estate plans. It might be in your best interest to make sizeable gifts during your lifetime to the intended beneficiaries of your estate. Federal […]
Spendthrift provisions: benefits and limitations
One of the main goals of estate planning is to pass on assets from one generation to the next. But, how can you ensure that your financially irresponsible beneficiary won’t squander their inheritance? Or, how can you protect your beneficiary’s inheritance from the claims of their creditors? The answer lies in a spendthrift provision. What […]
Healthcare Power of Attorney Powers
Healthcare powers of attorney can vary significantly depending on the individual. There are many categories of authorities that can be granted, denied or left out of the document. Here are a few examples and reasons why you might want to consider them. Living Will The living will is not exactly a “power” granted to your […]