Newsletter

ABLE Act Update: Arizona Residents Could Have Access Next Month

DECEMBER 21, 2015 VOLUME 22 NUMBER 47 We’ve written before about the Achieving a Better Life Experience (ABLE) Act and the possibility that Arizona might get its own version adopted in the next legislative session. Now comes a pleasant surprise from Washington: Arizonans with disabilities won’t have to wait for our legislature to act. Last …

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Management of Risk in Guardianship and Powers of Attorney

DECEMBER 14, 2015 VOLUME 22 NUMBER 46 Imagine: you have just been named as guardian for your aging father. You are responsible for his medical care and decisions, his comfort and his placement. You were appointed, in part, because of your concern about his safety at home — you are thinking perhaps he needs to …

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Court Orders Weekly Visitation for Grandmother of Child

NOVEMBER 30, 2015 VOLUME 22 NUMBER 44 When Mary Lansing (not her real name) gave birth to a daughter in August, 2013, her boyfriend (and the father of her daughter) was already in prison. Four months later, she filed a paternity action naming her boyfriend, and sought a court order granting her sole legal decision …

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Good News: The IRS Simplifies Its Proposed ABLE Act Rules

NOVEMBER 23, 2015 VOLUME 22 NUMBER 43 The Achieving a Better Life Experience (ABLE) Act initially looked like it would provide important opportunities to people with disabilities. Although much work was left to the Internal Revenue Service, the Social Security Administration and individual states, advocates hoped that it might open up a simple choice for …

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Portability

Weighing Estate Tax “Portability” Against the Bypass Trust

NOVEMBER 9, 2015 VOLUME 22 NUMBER 41 [Note: this article was originally written in 2015. Since then, the estate tax numbers have significantly increased. The structure we explain may still be valid, but not necessarily the numbers.] Here’s a challenging problem for lawyers who focus on estate planning: how can we explain federal estate tax …

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