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June Developments: Study Says Life Is Good, Eventually

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Elder law isn’t exactly the hot legal topic of the moment, but we’ll still share some of the month’s developments anyway. The June review:

Aging in America

National Geographic and AARP paired up to do a major study of America’s attitudes toward aging. They covered six areas: health, money, happiness, relationships, life stages, and end of life. The result? “Overall, the message was refreshingly positive and reassuring. On the whole, life is good, especially for older Americans.” And, “the people in the study with the most real-life aging experience to draw on — those 85 and up — report that in almost every important category, life worked out just fine.”

In Other Aging News: June 14 was World Elder Abuse Day, and President Biden issued a Proclamation that said, in part: “On this World Elder Abuse Awareness Day, let us recommit to delivering all older Americans the promise of a comfortable and peaceful life with dignity.  Let us reaffirm our commitment to a world free from the scourge of abuse and neglect.  Let us join the world in celebrating the essential role older adults play in our lives.”  And Universal Music is committed to Vera, a new app that “is dedicated to helping dementia patients by creating personalized playlists that stir different parts of the brain and can at least temporarily assist with overall lucidity as well as mood.”

Planning Developments

Get Up to Date: Every estate plan deserves an annual review, but clients usually don’t want to do that. From their point of view, often nothing has changed. But they also should consider what they don’t know. Specifically, changes in the law and planning techniques.

Digitize It: Even though the cryptocurrency market has struggled lately, more people own digital assets than ever. And if cryptocurrency doesn’t bounce back, some other trendy investment will take off (NFTs?). Anyone with such assets should incorporate them into their estate plan. Here’s one of the best articles we’ve seen that explains why and how. Among assets: Social media accounts, and many have different options. Make your wishes known.

Biz Dev: Trusts can be an important tool for business owners to minimize tax, protect assets, and provide for a smooth transition. For some businesses, special real estate valuation rules can help, too.

Maximize Giving: We often talk to clients who have charitable intent about leaving taxable retirement accounts to charity. Here’s a piece that illustrates what we mean.

Surveys Say: A recent survey on the impact of COVID shows that 1 in 5 Americans who died from COVID-19 didn’t have any estate planning. However, the disease did serve as a wake-up call for some. Those who got sick and survived or who were close to someone who did were more likely to get a plan than those who didn’t. Meanwhile, a survey of wealthy investors reflects that many are not on top of their planning.

Planning Potpourri: Learn the A-B-Cs of planning for collectibles and six differences between wills vs. trusts. Confront the challenges of leaving the family vacation home. Explore investment nuances for you and your IDGT, the 5-year rule for IRAs, and how to benefit from portability.

Another View

Earlier this month, we wrote about a New York Times column that gave bad advice about a disappointed child on the receiving end of an unequal inheritance. We said parents can do what they want, and the child should get used to it. Here’s another view: Parents, don’t do it.






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Robert B. Fleming


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


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


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


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.