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Category Archives: Tucson Elder Law

Covid Vaccine: When Deciding for Others, What’s Best?

Newsletter, Tucson Elder LawBy Jacquelyne MingleFebruary 13, 2021Leave a comment

Across the country, millions of Americans are getting the Covid vaccine. For many, deciding whether to get one is no big deal. (“It’s best for everyone, right?”) For those who are unable to weigh the risks and benefits, someone else has to step in and give consent. That might be a guardian or a health…

July roundup

July Roundup: Boom in Death Planning & More

Newsletter, Tucson Elder LawBy Jacquelyne MingleJuly 26, 2020

At the end of each month, we take a moment to survey interesting developments in elder law. Did you know there’s a boom in death planning? So says the New York Times. For the July roundup, we take a look at the “Boom” resources mentioned, then quickly round up a few other useful articles that…

Jurisdiction

Determining Which State Has Jurisdiction Over a Trust

Newsletter, Tucson Elder LawBy Robert FlemingMay 14, 2017

VOLUME 24 NUMBER 20 Let’s say you have a disagreement with your sister, who is trustee of a trust your parents created. Your sister lives in Montana, though she has a winter home in Arizona. Your parents lived in Arizona when they died. They signed their wills and trust in Arizona, and their lawyer was…

Elder Law

What “Elder Law” Means to Us at Fleming & Curti, PLC

Newsletter, Tucson Elder LawBy Robert FlemingMarch 12, 2017

VOLUME 24 NUMBER 11 At Fleming & Curti, PLC, we practice elder law. But what does that term mean? Our practice is focused on typical legal problems faced by older individuals. We also regularly work in the field of special needs planning for individuals with disabilities. Because the people coming to see us are often…

Estate Tax Portability -- What If the Executor Refuses to File

Estate Tax Portability — What If the Executor Refuses to File?

Newsletter, Tucson Elder LawBy Robert FlemingJanuary 29, 2017

JANUARY 30, 2017 VOLUME 24 NUMBER 5 We knew it would happen, and now it has. A surviving spouse has sued to force the administrator of the deceased spouse’s estate to file a federal estate tax return to perfect the “portability” election. Before we can tell you how it turned out, we’ll need to explain…

Estate Planning is a Process, Not a Binder of Forms

Estate Planning is a Process, Not a Binder of Forms

Newsletter, Tucson Elder LawBy Robert FlemingJanuary 22, 20171 Comment

JANUARY 23, 2017 VOLUME 24 NUMBER 4 There really is no question that it is important for almost every adult to have a will, and to consider signing both financial and health care powers of attorney. That is what we mean by “estate planning,” and it is important to go through the process of preparing…

Privacy concerns loom large in probate court

Privacy Concerns Loom Large in Probate Court

Newsletter, Tucson Elder LawBy Robert FlemingJanuary 15, 2017

JANUARY 16, 2017 VOLUME 24 NUMBER 3 Things change. This is our twenty-fourth year of publishing Elder Law Issues, and one thing we frankly didn’t think much about a quarter-century ago was privacy. Today it’s a big concern, and central to a lot of our thinking. When Fleming & Curti, PLC, first formed in 1994,…

Why we do what we do

Why We Do What We Do

Newsletter, Tucson Elder LawBy Robert FlemingJanuary 8, 20171 Comment

JANUARY 9, 2017 VOLUME 24 NUMBER 2 At Fleming & Curti, PLC, we represent seniors, people with disabilities and the family members who work with and support them. We also frequently act as trustee, agent, conservator or guardian for that population. It’s hard to capsulize exactly what we do, but if you ask any of…

Two Adult Adoptions Lead to Uncertain Inheritance Outcomes

Newsletter, Tucson Elder LawBy Robert FlemingJanuary 1, 2017

JANUARY 2, 2017 VOLUME 24 NUMBER 1 You probably know that it’s possible — though state laws vary quite a bit — to adopt an adult. But have you given any thought to what effect the adoption might have on inheritance rights? That’s the sort of problem that gets lawyers (and judges) excited. Two recent…

Common law marriage

Common-Law Marriage, Divorce and Probate, All In One Case

Newsletter, Tucson Elder LawBy Robert FlemingDecember 18, 20161 Comment

DECEMBER 19, 2016 VOLUME 23 NUMBER 47 Here’s a question we hear frequently: how long does a couple have to live together in order to be considered married? The answer in Arizona: until the wedding ceremony. In other words, Arizona does not recognize “common-law” marriages. That strong, direct statement, however, masks a more complicated answer.…

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