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Category Archives: Newsletter

Quit claim deed

Quit Claim Deed Was a Mistake, Says Mother

Newsletter, Tucson Elder LawBy Robert FlemingOctober 25, 20151 Comment

OCTOBER 26, 2015 VOLUME 22 NUMBER 39 We’ve made the key points before: don’t sign your home over to your children while you’re still alive, and be very careful about doing your own estate planning without an attorney’s help. This week we’re going to add a couple of other points: do not rely on non-lawyer…

Beneficiaries Permitted to Modify Trust Terms by Agreement

Newsletter, Tucson Elder LawBy Robert FlemingOctober 18, 20151 Comment

OCTOBER 19, 2015 VOLUME 22 NUMBER 38 Not every client we speak with wants to set up a trust for generations of descendants, but some do. The notion of allowing assets to grow for two or three (or more) generations can be attractive. It is difficult, of course, to imagine what one’s grandchildren and great-grandchildren…

Handling Your Own Legal Work — Without a Lawyer

Newsletter, Tucson Elder LawBy Robert FlemingOctober 11, 2015

OCTOBER 12, 2015 VOLUME 22 NUMBER 37 Last week we wrote about when you might reasonably represent yourself — that is, when you might not need a lawyer for your legal work. We suggested that what lawyers do is not precisely brain surgery, and that reasonably intelligent, informed and diligent non-lawyers might well be able…

When You Need to Talk With a Lawyer

Newsletter, Tucson Elder LawBy Robert FlemingOctober 4, 20151 Comment

OCTOBER 5, 2015 VOLUME 22 NUMBER 36 So often we field questions (on this website and in our practice) about whether people need to consult a lawyer. Unsurprisingly, perhaps, there is a terrific resistance to seeking legal advice. We lawyers don’t always help — our fees can be substantial, and unpredictable. We speak a language…

Not Every Cognitively-Impaired Senior Needs a Conservator

Newsletter, Tucson Elder LawBy Robert FlemingSeptember 27, 2015

SEPTEMBER 28, 2015 VOLUME 22 NUMBER 35 We handle a lot of guardianship and conservatorship proceedings at Fleming & Curti, PLC. We also meet with a lot of clients (or potential clients) and help them figure out how not to initiate a guardianship or conservatorship proceeding — we subscribe to the modern view that court…

Mother’s Gifts to Children Create Dispute Over Special Needs Daughter

Newsletter, Tucson Elder LawBy Robert FlemingSeptember 20, 2015

SEPTEMBER 21, 2015 VOLUME 22 NUMBER 34 What plans should you make when you have a child receiving Supplemental Security Income (SSI) or Medicaid benefits? Should you create a special needs trust? Disinherit that child so their benefits won’t be affected? Leave their “share” of your estate to another child or children instead? We get…

What Survivor Must Do When Trust Mandates Split on First Death

Newsletter, Tucson Elder LawBy Robert FlemingSeptember 13, 2015

SEPTEMBER 14, 2015 VOLUME 22 NUMBER 33 Once in a while we read an appellate court decision that nicely addresses a subject which isn’t the issue before the court. A recent Arizona Court of Appeals case illustrates this phenomenon nicely. The legal issue was technical and would appeal only to lawyers — and probably only…

Attorney’s Fees in Probate Proceeding Challenged, Approved

Newsletter, Tucson Elder LawBy Robert FlemingSeptember 6, 20153 Comments

SEPTEMBER 7, 2015 VOLUME 22 NUMBER 32 How much can an attorney charge in a probate proceeding? In Arizona, at least, the principal rule is one that is difficult to determine: attorney’s fees must be “reasonable”. But what does that actually mean? A recent Arizona Court of Appeals decision approving the fees charged by the…

Figuring Out What Court Has Jurisdiction Over a Trust

Newsletter, Tucson Elder LawBy Robert FlemingAugust 23, 2015

AUGUST 24, 2015 VOLUME 22 NUMBER 31 One of the best things about establishing a living trust is that you are helping to minimize the likelihood that any court will ever be involved in the administration of your estate. That can save costs, avoid conflicts and give you peace of mind. But sometimes courts do…

Estate Planning in Second-Marriage Situations Can Be Tricky

Newsletter, Tucson Elder LawBy Robert FlemingAugust 16, 2015

AUGUST 17, 2015 VOLUME 22 NUMBER 30 We frequently see clients in second (or even third or fourth) marriages, with children from prior relationships. When we discuss how their assets should be distributed, they can usually give us a quick summary. Their plans vary, but they often fit into one of these models: Maybe the…

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