October Wrap-Up: Estate Planning for all!

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It’s the last weekend of October. That means it’s almost Halloween! Or, even more importantly it’s National Estate Planning Awareness Week! Whether you’re celebrating spooky season or gazing fondly at your estate planning binder, it’s time for a recap on all of the elder law news that happened this month. This month, it’s all about planning for the young, the rich and those without kids.

Estate Planning for Millennials and Gen Z

The Wall Street Journal talked about the importance of estate planning for younger generations. Estate planning is important even if you few assets to consider and don’t plan on dying any time soon. The article even goes so far as to suggest that estate plans can be useful as early as 18. It also encourages young people to think about planning for incapacity, or who would care for pets in the event you died, rather than focusing on monetary figures. An article from Yahoo! Finance discusses other considerations when thinking about your assets upon your death. For example, this article contemplates who do you want at your funeral? What are your account passwords? Who will burn your harmless (but potentially embarrassing) journal so your family doesn’t read it all? The article encourages providing clarity to family and friends by making your wishes clear.

Special Estate Planning Considerations for Those Without Kids

For many people who don’t have kids, there are questions of who their beneficiary’s should be, who will administer their estate and who will take care of them as they age. An AARP study found that only half of childless people age 50+ who live alone have a will. Those who die without a will, will be subject to intestate succession rules in their state. The Wall Street Journal took a look at “the laughing heir,” a new term for people who unexpectedly inherit money from a relative who never had kids.

A growing number of Americans are also beginning to live alone as they age. This isn’t a problem unique to those without children, but the questions contemplated in this article from KFF Health News can certainly be exacerbated for those who have no children: “Who can I call on for help? Who can make decisions on my behalf if I’m unable to? How long will I be able to take care of myself, and what will happen when I can’t?” Many of these questions can be answered in a solid estate plan, including powers of attorney that plan for incapacity.

Estate Taxes

With the election looming and the estate tax exemption drop getting closer and closer, everyone is talking about estate tax. The IRS announced a 2025 estate and gift tax exemption at $13.99 million per person. This is up from the 2024 exemption limit of $13.61 million. Unless Congress takes further action, these high estate tax exemptions will drop in 2026 and advisors are preparing. The Wall Street Journal explains how ultra-wealthy people are preparing using estate planning. Marketwatch is talking about how this drop will effect people who may eventually have millions, but aren’t quite there yet.

There’s new speculation around who paid $7 billion in estate taxes in February in 2023. Some think it was Texas billionaire Fayez Sarofim who died in 2022. The investment manager was estimated to be worth about $1.5 billion, but his actually fortune could have actually been upwards of $20 billion due to the private nature of his investments. But, why so much? Some experts think that the estate tax payment was strategic and part of a plan to reduce future estate taxes. Others suggest that the payment can be attributed to Sarofim’s personal values.

Other stuff:

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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.