Community Property With Right of Survivorship in AZ
Arizona is one of the minority of states recognizing the concept of community property. In Arizona’s version, though, most real estate owned by spouses for many years was titled as joint tenancy with right of survivorship. Why? Because Arizona did not recognize community property with right of survivorship until 1995. Is Community Property with Right […]
Planning for Protection-From Yourself
Most people think estate planning is all about what happens when a person dies. It is, but it’s also important for the living. One special case: When you realize you need protection from yourself. Maybe you have a mental illness and can’t always be attuned to financial matters. Maybe you have a family history of […]
Operation of Joint Tenancy Defeats Creditor’s Claim
Most people understand the concept of joint tenancy ownership. But the operation of joint tenancy in specific facts may be counterintuitive. Last week we read an Illinois case that pointed out that joint tenancy is not just joint ownership of property. The life of a joint tenant Victor Barcroft lived in Lake County, Illinois, where […]
August Review: Newman, Monroe, Prince, Puzio
September is almost here, which means it’s time to look back at the past month’s developments in elder law. For the August review: August Review: Celeb Estates There’s more celebrity estates news than we’ve can ever recall seeing in a single month. We already wrote about Anne Heche’s tragic death, and here are more celeb […]
Anne Heche Was an Organ Donor; Are You?
Actress Anne Heche died last week at 53 after a fiery crash. Her tragic end was a lifeline to others. She was an organ donor. Heche was declared brain dead on August 12. She was “peacefully taken off life support” on August 14, after a suitable transplant recipient was found. Her family revealed that it […]
How We Advise Clients About “Five Wishes”
You probably have bumped into the “Five Wishes” document before. It is widely promoted, and viewed favorably by most professionals and users. You can order a paper copy of the Five Wishes workbook and form for (as of this writing) $5.00. Or, for $15.00, you can get an electronic version that lets you complete the […]
Naomi Judd Probably Didn’t Disinherit Ashley & Wynonna
Yet another celeb estate is making headlines. This past week, news outlets shared painful news: Naomi Judd left her famous daughters Ashley and Wynonna out of her will. The problem is, nothing in the reporting suggests that’s the case. Famous singer Naomi, who died by suicide in April, apparently did have an estate plan that […]
Could I Face A Nursing Home Lawsuit for A Family Member?
A recent story we heard on the radio described a nursing home lawsuit against a family member of the resident. Several of our clients wondered: is this a real thing? Do I need to worry about a nursing home lawsuit, even if I’m not the one receiving care? Yes, it is a real thing. And […]
July Review: Taxes, Dementia, and Beer
Yes, that’s August right around the corner. So here’s our July review of developments in elder law: July Review of Planning & Taxes The IRS is now allowing surviving spouses five years to elect “portability” instead of just two. Survivors can claim their deceased spouse’s unused estate tax exemption without fancy planning up to five […]
Disabled Beneficiary Graduates; Trust Terminated
It’s not too often that a special needs trust beneficiary “graduates” from their disability. But a heartwarming Michigan case gave us a chance to reflect on the possibility this week. A little background: a special needs trust can be established for a beneficiary who is “disabled” by Social Security standards. It can even contain funds […]