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Category Archives: Newsletter

Estate Planning is a Process, Not a Binder of Forms

Estate Planning is a Process, Not a Binder of Forms

Newsletter, Tucson Elder LawBy Robert FlemingJanuary 22, 20171 Comment

JANUARY 23, 2017 VOLUME 24 NUMBER 4 There really is no question that it is important for almost every adult to have a will, and to consider signing both financial and health care powers of attorney. That is what we mean by “estate planning,” and it is important to go through the process of preparing…

Privacy concerns loom large in probate court

Privacy Concerns Loom Large in Probate Court

Newsletter, Tucson Elder LawBy Robert FlemingJanuary 15, 2017

JANUARY 16, 2017 VOLUME 24 NUMBER 3 Things change. This is our twenty-fourth year of publishing Elder Law Issues, and one thing we frankly didn’t think much about a quarter-century ago was privacy. Today it’s a big concern, and central to a lot of our thinking. When Fleming & Curti, PLC, first formed in 1994,…

Why we do what we do

Why We Do What We Do

Newsletter, Tucson Elder LawBy Robert FlemingJanuary 8, 20171 Comment

JANUARY 9, 2017 VOLUME 24 NUMBER 2 At Fleming & Curti, PLC, we represent seniors, people with disabilities and the family members who work with and support them. We also frequently act as trustee, agent, conservator or guardian for that population. It’s hard to capsulize exactly what we do, but if you ask any of…

Two Adult Adoptions Lead to Uncertain Inheritance Outcomes

Newsletter, Tucson Elder LawBy Robert FlemingJanuary 1, 2017

JANUARY 2, 2017 VOLUME 24 NUMBER 1 You probably know that it’s possible — though state laws vary quite a bit — to adopt an adult. But have you given any thought to what effect the adoption might have on inheritance rights? That’s the sort of problem that gets lawyers (and judges) excited. Two recent…

Common law marriage

Common-Law Marriage, Divorce and Probate, All In One Case

Newsletter, Tucson Elder LawBy Robert FlemingDecember 18, 20161 Comment

DECEMBER 19, 2016 VOLUME 23 NUMBER 47 Here’s a question we hear frequently: how long does a couple have to live together in order to be considered married? The answer in Arizona: until the wedding ceremony. In other words, Arizona does not recognize “common-law” marriages. That strong, direct statement, however, masks a more complicated answer.…

Two Words (“The Individual”) Make a Big Difference

Newsletter, Tucson Elder LawBy Robert FlemingDecember 11, 20161 Comment

DECEMBER 12, 2016 VOLUME 23 NUMBER 46 Congress may be in a historic post-election lull, but the end of the year can sometimes see surprising, bipartisan progress. With passage by the U.S. Senate of the Special Needs Trust Fairness Act (a very small part of the 21st Century Cures Act) a significant change has been…

Doctor’s Report to California DMV Does Not Violate Privacy Rights

Newsletter, Tucson Elder LawBy Robert FlemingDecember 4, 20161 Comment

DECEMBER 5, 2016 VOLUME 23 NUMBER 45 You might have wondered about this from time to time — we have, too. If a patient really shouldn’t be driving, is his or her doctor really able to write to the Motor Vehicle Division to report the patient’s condition? Wouldn’t that be a violation of the patient’s…

Deceased Trustee Not Liable for Punitive Damages in Kansas Case

Newsletter, Tucson Elder LawBy Robert FlemingNovember 20, 20161 Comment

NOVEMBER 21, 2016 VOLUME 23 NUMBER 44 When Alain Ellis died in 2007, she left about $2 million dollars in a trust. Her husband Harvey was the trustee of the trust, and entitled to receive all of the trust’s income. Upon his death the remaining trust assets would be distributed among her two sons and…

Unreachable Joint Account Makes Applicant Ineligible for Medicaid

Newsletter, Tucson Elder LawBy Robert FlemingNovember 13, 2016

NOVEMBER 14, 2016 VOLUME 23 NUMBER 43 Paul (that’s not his real name) needed long-term care. His health and his mental capability had both declined, and he could no longer handle his personal affairs nor take care of himself. Paul’s assets included a car (titled in his and his daughter’s names) and three Bank of…

Springing vs. Surviving Power of Attorney

Durable Powers of Attorney: “Springing” or “Surviving”?

Newsletter, Tucson Elder LawBy Robert FlemingNovember 6, 20162 Comments

NOVEMBER 7, 2016 VOLUME 23 NUMBER 42 For over four decades, Arizona law has permitted residents to create powers of attorney that continue to be valid even after the signer becomes incapacitated. That simple concept, once thought to be radical, has become widespread: all U.S. states now permit powers of attorney to be “durable.” To…

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