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What Luke Perry Taught Us About Advance Directives

advance directives

Although death sometimes arrives with plenty of warning, often there is none. Estate planning, of course, tries to provide a roadmap for both scenarios. The truth is, having an estate plan doesn’t always mean things go smoothly, and when things go smoothly, it’s not always because there was an estate plan. Take Luke Perry. After […]

IRA Beneficiary Designation Controls Distribution at Death

IRA beneficiary designation

We’ve written about this issue before. Generally, your IRA beneficiary designation will control who receives your account. Your will (or trust) provisions will not override the beneficiary designation. Arizona’s community property rules won’t have much effect — in fact, they will normally have no effect. It’s all about your IRA beneficiary designation. Of course, people […]

Retirement Account Divided in Divorce

Retirement account

Arizona, of course, is a community property state. How does that affect the retirement account accumulated by one spouse during their marriage? Community property and the retirement account One spouse may have an interest in the other spouse’s retirement account, especially when it was accumulated during the marriage. State law, however, often takes a back […]

Due Process Required in Guardianship Proceeding

Due process

Probate courts have broad discretion about how to handle the cases they consider. Especially when it comes to guardianship and conservatorship, the probate judge usually has considerable latitude about how to proceed. It is essential, however, that the probate judge recognize that he or she must give the litigants their due process — the rules […]

Court Investigator Required Before Appointment of Guardian

Court investigator

Non-lawyers often assume that courts regularly appoint guardians from a list of people or agencies they have dealt with before. In fact, the people involved almost always choose the guardian, rather than the judge herself. Many states (including Arizona) do have a method for vetting a potential guardian, though. The role may be named something […]

Changes at Fleming & Curti, PLC

Jacque Mingle

Usually, this space is occupied by a report on a recent case or circumstance. We try to generalize those specific cases for our Arizona clients. Or perhaps we tackle a larger issue that comes up regularly. Today, though, we’d like to tell you about new and upcoming changes at Fleming & Curti, PLC. We’re not […]

Automatic Injunction Did Not Prevent Beneficiary Change

Automatic injunction

When a married person files for a divorce, Arizona law requires issuance of an automatic injunction. The injunction prevents changes in assets or titles until the divorce is resolved. It maintains the status quo while the legal system kicks into gear. An automatic injunction also issues in other, related kinds of actions. For instance, filing […]

Surety Bond Protects Estate, not Fiduciary

Surety bond

Most people are unfamiliar with the term “surety bond”, and may never have run across the concept. When a court appoints someone to manage another person’s money, a surety bond is often involved. Different kinds of fiduciaries Depending on the context, a court might appoint a conservator to handle the estate of someone who is […]

What Is a “Qualified Disability Expense”?

Qualified disability expense

In 2014, Congress adopted the Achieving a Better Life Experience Act (better known as ABLE). That new law formally introduced the concept of a “qualified disability expense”. But what kind of expenditure is a qualified disability expense? And does the term mean anything outside of ABLE? Definition of qualified disability expense The ABLE Act itself […]

“Next Friend” Lawsuit Creates Legal Problems

"Next friend"

We have written before about guardians ad litem. A recent Alaska case reviewed the similar — but different — use of a “next friend” in a civil lawsuit. What’s the difference, and why did it matter in the Alaska case? Helen’s boating accident Back in 1993, a 17-year-old boat operator collided with another boat on […]

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.