Is Physician Assisted Suicide an Option for Terminally Ill Arizonans?
Physician assisted suicide is now an option for terminally ill patients in several US states. Is Arizona one of those states? Is it likely to join the list soon? What do we mean by physician assisted suicide? First, some definition of terms. Doctors, of course, are usually in the business of saving lives and curing […]
529 Plans: Saving for Your Grandchild’s Education Costs
Last week, while writing about Arizona’s new ABLE Act accounts, we realized we have not focused on Section 529 plans before. Let’s take care of that now. What is a 529 plan? Pardon us for starting off all wonky. “529” refers to Section 529 of the Internal Revenue Code. That tax law makes tax-advantaged education […]
Arizona Gets Its Own ABLE Act Accounts
You probably already know a thing or two about the ABLE Act. It offers new flexibility and autonomy for people with disabilities. Now residents of Arizona can open an ABLE Act account with the new AZ ABLE program. What is ABLE? The Achieving a Better Life Experience Act passed Congress in 2014. It permitted states […]
I’ve Decided to Put My Accounts in Joint Tenancy to Avoid Probate
We’ve written about this issue before. Don’t put your property in joint tenancy with your child (or children) as a means of avoiding probate. It’s a mistake. Talk to a lawyer. Why don’t people believe us? Though we write impassioned pieces about the problems with joint tenancy, a funny thing happens when we look at […]
Successor Trustee Accepted Role in Timely Fashion
It’s a problem we see increasingly often. A trust will name a trustee, and even a successor trustee. What’s the problem? The successor trustee is not available, or fails to act, or is otherwise no longer the right choice. How does a new trustee take over? It is sometimes difficult to figure out when the new […]
Pooled Special Needs Trust Payable to Estate on Beneficiary’s Death
Theresa Givens settled a personal injury lawsuit in 2011. She would receive a little over $250,000 in settlement proceeds. In order to keep her Medicaid benefits, she put her lawsuit settlement into a pooled special needs trust. Before she could even get any serious benefit from the trust account, she died in November, 2011. Pooled […]
Attorney Fees for Guardian Approved Over Objection
If you act as guardian or conservator, you know that it can be a challenging job. Sometimes you need legal counsel. If you incur attorney fees, can you charge them to the estate? The general rule is that you can collect your attorney fees from the estate. There are exceptions. If your actions benefit you […]
Disclaimer Strategy Leads to Surcharge of Conservator
Disclaimer is an important tool in the estate planning toolbox. After an individual’s death, they obviously can’t fix any estate planning mistakes. Sometimes a disclaimer will allow the decedent’s intentions to be carried out. But there are problems with disclaimers. It is important to figure out how to use the strategy fairly and effectively. Joanne […]
Federal Tax Cut Law Affects Seniors and Those With Disabilities
The Tax Cut and Jobs Act became law at the very end of 2017, and affects taxes for the current year. Many commentators have dissected how the tax cut law will affect tax rates, and business taxes. That’s not all the Act contains, however. A number of changes will particularly affect our older clients or […]
Assuring Your Burial or Cremation Wishes Are Followed
Do you have specific burial or cremation wishes? Perhaps you have explained those to your family. Maybe you have written them down. You might even have made the arrangements — and paid for them in advance. Will your family — and the funeral provider — follow your wishes? Funeral/burial law varies by state First, we […]
