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Community Property With Right of Survivorship in AZ

Community property with right of survivorship

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

Operation of Joint Tenancy

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

August

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?

Organ donor

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”

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

Celebrity estates

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?

Nursing home lawsuit

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

July revew

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

Trust beneficiary graduates

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 […]

Robert B. Fleming

Attorney

Robert Fleming is a Fellow of both the American College of Trust and Estate Counsel and the National Academy of Elder Law Attorneys. He has been certified as a Specialist in Estate and Trust Law by the State Bar of Arizona‘s Board of Legal Specialization, and he is also a Certified Elder Law Attorney by the National Elder Law Foundation. Robert has a long history of involvement in local, state and national organizations. He is most proud of his instrumental involvement in the Special Needs Alliance, the premier national organization for lawyers dealing with special needs trusts and planning.

Robert has two adult children, two young grandchildren and a wife of over fifty years. He is devoted to all of them. He is also very fond of Rosalind Franklin (his office companion corgi), and his homebound cat Muninn. He just likes people, their pets and their stories.

Elizabeth N.R. Friman

Attorney

Elizabeth Noble Rollings Friman is a principal and licensed fiduciary at Fleming & Curti, PLC. Elizabeth enjoys estate planning and helping families navigate trust and probate administrations. She is passionate about the fiduciary work that she performs as a trustee, personal representative, guardian, and conservator. Elizabeth works with CPAs, financial professionals, case managers, and medical providers to tailor solutions to complex family challenges. Elizabeth is often called upon to serve as a neutral party so that families can avoid protracted legal conflict. Elizabeth relies on the expertise of her team at Fleming & Curti, and as the Firm approaches its third decade, she is proud of the culture of care and consideration that the Firm embodies. Finding workable solutions to sensitive and complex family challenges is something that Elizabeth and the Fleming & Curti team do well.

Amy F. Matheson

Attorney

Amy Farrell Matheson has worked as an attorney at Fleming & Curti since 2006. A member of the Southern Arizona Estate Planning Council, she is primarily responsible for estate planning and probate matters.

Amy graduated from Wellesley College with a double major in political science and English. She is an honors graduate of Suffolk University Law School and has been admitted to practice in Arizona, Massachusetts, New York, and the District of Columbia.

Prior to joining Fleming & Curti, Amy worked for American Public Television in Boston, and with the international trade group at White & Case, LLP, in Washington, D.C.

Amy’s husband, Tom, is an astronomer at NOIRLab and the Head of Time Domain Services, whose main project is ANTARES. Sadly, this does not involve actual time travel. Amy’s twin daughters are high school students; Finn, her Irish Red and White Setter, remains a puppy at heart.

Famous people's wills

Matthew M. Mansour

Attorney

Matthew is a law clerk who recently earned his law degree from the University of Arizona James E. Rogers College of Law. His undergraduate degree is in psychology from the University of California, Santa Barbara. Matthew has had a passion for advocacy in the Tucson community since his time as a law student representative in the Workers’ Rights Clinic. He also has worked in both the Pima County Attorney’s Office and the Pima County Public Defender’s Office. He enjoys playing basketball, caring for his cat, and listening to audiobooks narrated by the authors.