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Posthumously Conceived Twins Denied Survivors Benefits

MAY 28, 2012 VOLUME 19 NUMBER 21 The United States Supreme Court doesn’t very often weigh in on Social Security rules, so when it does those of us in the elder and disability law community pay attention. Last week’s decision by the Court, interpreting Social Security regulations as applied to posthumously conceived children, addressed interesting …

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Retirement account

Retirement Account Is Community Property But Need Not Be Split Equally

MAY 21, 2012 VOLUME 19 NUMBER 20 Arizona is one of the nine U.S. states which recognize “community property” (a tenth, Alaska, allows couples to voluntarily create community property interests). The other eight community property states: California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin. Mention community property to a lawyer who has never …

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Missing Will Presumed Revoked, But Codicil Partially Reinstates It

MAY 14, 2012 VOLUME 19 NUMBER 19 In Arizona (as in most other states) there is an important rule about wills: if the original document was in the possession of it’s signer, and it can not be found after the signer’s death, then there is a presumption that it was destroyed. Not only that, but …

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Lifetime Asset Transfers Voided Based on Agreement to Make Will

MAY 7, 2012 VOLUME 19 NUMBER 18 We have written about contracts to make (or not to revoke) a will before. The question comes up infrequently, and usually only in a handful of ways: can you and your spouse make an enforceable agreement that you will leave your respective estates to, say, your children no …

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Is a Veterans Administration Benefit Right for You?

APRIL 30, 2012 VOLUME 19 NUMBER 17 We were reminded recently of the existence of a resource for elderly veterans and their surviving spouses — one that is too often overlooked, as it happens. We had yet another client who was unaware that she might qualify to receive a Veterans Administration pension benefit. We have written …

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Helping Care for Your Relative Provides Income Tax Benefits

APRIL 9, 2012 VOLUME 19 NUMBER 14 Federal and Arizona state income tax returns are due next week. It’s a good time to review tax deductions for one of the common situations we deal with: in-home (or, for that matter, institutional) caregiving for an infirm family member. We wrote about an individual case involving long-term …

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