Elder Law- 2025 Wrapped

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It’s the end of December, and the end of 2025. Looking back on this year, a lot has happened and there is a lot to look forward to.

What Happened In 2025

A lot happened in 2025- below are some of the most notable happenings.

Higher Limits to Small Estate Affidavits

Arizona allows for the collection of personal property and real estate by affidavit when the estate is under a certain level of assets. Prior to September 2025, in order to collect personal property by affidavit, the value of the personal property must have been under $75,000. To collect real property by affidavit the value of the real property had to be under $100,000. In September, the Arizona Legislature passed an bill that upped these numbers. Now, a small estate in Arizona is personal property of up to $200,000 in value, and a small real estate interest will be up to $300,000.

Silver Alert System Got An Upgrade

Arizona adopted a more robust Silver Alert system — and both expanded and renamed it. Soon to be called a “Seek and Find” alert (a/k/a the SAFE Alert), the system will still be available for the missing “elderly” (those over age 65). But it will also be available for those with a cognitive or developmental disability, regardless of their age.

The legislature also adopted another new alert system. This one is focused on missing individuals under age 65. It specifically mentions membership in a recognized Indian tribe, but is not only available to indigenous individuals. This kind of alert is referred to as a Turquoise Alert.

Natural Organic Reduction Facility in Arizona

Technically, natural organic reduction (a/k/a human composting) became legal in Arizona in March of 2024. The issue was that even though it was legal, there were no human composting facilities in Arizona. In 2025, it seems like a facility or two has opened up.

What we’re looking forward to in 2026

The past year has been good, but there are things we are looking forward to in 2026.

ABLE Act Accounts Get An Upgrade

In 2014, Achieving a a Better Life Experience Act created ABLE accounts. These accounts allow disabled Americans to save funds, in this account, without disqualifying them from means tested public benefits, like Medicaid. The accounts vary from state to state, but can be an important tool for benefits planning. Accounts can only receive up to $19,000 per year, and are only available to individuals who became disabled prior to the age 26. But, in 2026, the age for a qualifying disability will rise to 46 make the accounts available to people.

The Estate Tax Exemption Rises

At the start of the year, there was a lot of concern about the sunset of the Tax Cuts and Jobs Act. Many estate planners were concerned that the legislation causing several years of high estate tax exemptions, was going to sunset, and the estate tax exemption would revert back to the levels it was at in 2017, adjusted for inflation. To give you some idea of what that would have meant, the estate tax exemption this year is at $13.99 million per person. If Congress did not take action the estate tax exemption would have reverted to $5 million as adjusted for inflation which we think would have been about $7 million.

But, in 2025 Congress acted. The OBBBA set the estate tax exemption at $15 million per person for deaths in 2026.

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Robert B. Fleming

After more than 50 years of practice, Robert Fleming will retire on January 1, 2027. Our hearts are full of appreciation for Robert. A founding member of Fleming & Curti, PLC, he leaves behind a legacy built on mentorship, advocacy and education. A champion of autonomy and self-reliance, Robert advocated for thousands of vulnerable children and adults throughout his career. A visionary in the Special Needs Planning and Elder Law communities, his innovative ideas created new opportunities for individuals with special needs. The Fleming & Curti team look forward to celebrating Robert and promoting the legacy he leaves behind in the decades ahead.

If you would like to meet with Robert or learn more about Fleming & Curti, PLC, please contact us at 520-622-0400 or by email: [email protected].

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.