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Category Archives: Newsletter

House Passes Estate Tax Repeal Bill, But Its Future Is Uncertain

Newsletter, Tucson Elder LawBy Robert FlemingJune 12, 2000

JUNE 12, 2000 VOLUME 7, NUMBER 50 The big news in the elder law and estate planning field this week was the Friday passage (by the House of Representatives) of a bill to repeal the federal estate tax. The vote to repeal was lopsided, with a 279-136, with 65 Democrats joining the Republican majority. Does…

Arizona’s “Orange Form” Permits Withholding Of CPR

Newsletter, Tucson Elder LawBy Robert FlemingJune 5, 20002 Comments

JUNE 5, 2000 VOLUME 7, NUMBER 49 Living wills and health care powers of attorney may take care of most of the end-of-life medical decisions you (or a loved one) will face. But for many patients the final medical decisions must be made outside of the hospital setting. Rather than doctors and nurses, the treatment…

Failure To Seek Lawyer’s Advice Can Be Foolish—And Expensive

Newsletter, Tucson Elder LawBy Robert FlemingMay 29, 2000

MAY 29, 2000 VOLUME 7, NUMBER 48 People often try to solve their legal problems without the help of lawyers. Frequently they accomplish exactly what they want. Sometimes they complicate their own lives unnecessarily and expensively, when a little sound legal advice would have resolved the difficulty easily. Take, for example, the situation Montanan Boyd…

Court Invalidates “Power of Appointment” In Home Deed

Newsletter, Tucson Elder LawBy Robert FlemingMay 22, 2000

MAY 22, 2000 VOLUME 7, NUMBER 47 Lucille Lucareli had three sons: Les Lee, Leigh and Robert. She owned her home in Racine, Wisconsin, and not much else. In 1996 she gave her son Les Lee a durable financial power of attorney, and she also took some steps to plan for the possibility that she…

Professionals Must Report Abuse Of Vulnerable Adults

Newsletter, Tucson Elder LawBy Robert FlemingMay 15, 20001 Comment

MAY 15, 2000 VOLUME 7, NUMBER 46 Physical, sexual, mental and emotional abuse of elderly and vulnerable adults is a growing problem not only in Arizona, but around the world. Such abuse is also a crime. Even the failure to report elder abuse may be a crime in some circumstances. Arizona law particularly protects “vulnerable”…

Martin Luther King Killer’s Brother Fails In Attempt To Get Rifle Released

Newsletter, Tucson Elder LawBy Robert FlemingMay 8, 2000

MAY 8, 2000 VOLUME 7, NUMBER 45 James Earl Ray was convicted in the 1969 murder of Martin Luther King, Jr. Ray died in prison in 1998, although he had by that time filed at least eight separate appeals seeking his release. His estate now provides the legal world with an odd footnote. When Ray…

“Wrongful Prolongation of Life” Suit Dismissed In Indiana

Newsletter, Tucson Elder LawBy Robert FlemingMay 1, 2000

MAY 1, 2000 VOLUME 7, NUMBER 44 It has taken three decades to establish, but the notion of patient self-determination is now firmly entrenched in American law. A patient has the right to instruct that life-sustaining medical care be withheld or removed. To protect against future treatment, an individual can execute a living will and/or…

Family Members Permitted To Ignore Decedent’s Burial Plans

Newsletter, Tucson Elder LawBy Robert FlemingApril 24, 20001 Comment

APRIL 24, 2000 VOLUME 7, NUMBER 43 In 1997 James Wrosch planned his own funeral. He made arrangements for cremation and instructed the funeral home to deliver his ashes to his good friend James Cady. He even had his mother, brother and sister sign forms agreeing that Mr. Cady could take charge of his remains.…

Home Owner Wins Return Of Property From Step–Children

Newsletter, Tucson Elder LawBy Robert FlemingApril 17, 2000

APRIL 17, 2000 VOLUME 7, NUMBER 42 In order to avoid the probate process, or for income or property tax purposes, property owners often add children, spouses or others to the title on their homes. Sometimes those transfers turn out badly. When Jean and Samuel Owens married in 1970, they each had children from first…

Woman’s “Holographic” Will Is Valid But Costly To Interpret

Newsletter, Tucson Elder LawBy Robert FlemingApril 10, 20001 Comment

APRIL 10, 2000 VOLUME 7, NUMBER 41 Although most people might intend to use a lawyer to draft their wills and estate planning documents, there is no legal requirement that an attorney be involved. Often, in fact, non-lawyers prepare their own documents and do just fine. Sometimes they manage to complicate their estates and the…

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