Newsletter

What Is a Trust Protector? Do You Need One In Your Trust?

JUNE 27, 2011 VOLUME 18 NUMBER 23 We have written before about Arizona’s new Trust Code, and the Uniform Trust Code on which it is based. The “new” law (it became effective on January 1, 2009, so it’s not that new any more) included a number of changes to the way trusts have worked in …

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Decanting: It’s Not Just for Fine Wines Anymore

JUNE 20, 2011 VOLUME 18 NUMBER 22 Imagine this tragic scenario: your 33-year-old son has a serious illness, and requires extensive medical treatment. The good news is that the treatment may well effect a cure. The bad news is that it will be horribly expensive. Right now he qualifies for government assistance with that expense …

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Lawyer Suspended After Representing Wife as Conservator

JUNE 13, 2011 VOLUME 18 NUMBER 21 Richard J. Murphy was first admitted to practice law in 1964. He was a fixture in local political and legal circles in Osceola, Iowa, for nearly fifty years. He was the attorney for the City of Osceola, and he had been the County Attorney years earlier. His private …

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We Invite Your Questions, and Answer a Few

MAY 30, 2011 VOLUME 18 NUMBER 19 Periodically we try to answer some of our readers’ frequent questions, which we enjoy receiving. Some more recent questions and our quick attempts at simple answers follow. Remember, please, that slight variations in fact patterns can lead to different answers; these are intended as illustrations and guidance, not …

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Lawyer Suspended for Bad Special Needs Trust Advice

MAY 16, 2011 VOLUME 18 NUMBER 18 Sometimes in our zeal to help solve problems we lawyers can get carried away. We are constrained by ethical rules to avoid conflicts of interest. We also have to act competently. In a case involving an injured young man, a special needs trust and the state’s Medicaid claim …

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Despite Guardianship, Ward May Have Capacity to Marry

MAY 2, 2011 VOLUME 18 NUMBER 16 We have written in previous installments about differing state laws regarding the ability of a guardian (of the person) or conservator (of the estate) to file a divorce proceeding “for” an incapacitated adult. The question that comes up more often from our clients is a little different, though. …

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Arizona Legislature Adopts Probate Changes

APRIL 25, 2011 VOLUME 18 NUMBER 15 Last week the Arizona Legislature adjourned for the year. Just before closing down the session legislators adopted a number of new measures dealing with probate court, trusts and especially guardianship and conservatorship matters. Most of the bills passed by the legislature are still awaiting the Governor’s signature, but …

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