Estate planning is always a family affair. Family is a factor whenever someone dies — even if relatives stand to receive nothing at all. For people without Wills or Trusts, family is the default (not “the state,” as many people believe). State “intestacy” laws try to guess what most people would want, and they get…
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What happens to a special needs trust when the beneficiary moves to a new state? Will the trust continue, or transfer to the control of the new state? One special needs trust beneficiary in Colorado discovered the Centennial State’s odd rule: a special needs trust is terminated when the beneficiary moves. Parker Wilson’s story Young…
It’s the end of the month, which means it’s time to check out the elder law landscape and share items that we think are interesting or newsworthy, or both. For the May review, there’s politics, planning, and Prince: Power and Politics Mandatory Visitation. Topping the politics list is Arizona’s Senate Bill 1417, which Governor Doug…
Health care powers of attorney are for making health care decisions. That seemingly obvious idea was just confirmed by the Arizona Court of Appeals, which sided with a widow trying to sue a care facility. The case, Heaphy v. Willow Canyon Healthcare, Inc., centers on a contract that Shirley Heaphy, as heath-care agent for her…
A recent Arizona appellate case raised a novel question. Can a trust protector’s amendment be challenged by the trust’s beneficiaries? Austin Bates and his family To understand the appellate decision — and the effect it might have on others — it helps to know the family involved. From the reported decision and a quick check…
The Covid-19 pandemic has become known as the great accelerator, speeding up change in our lives and our workplaces. It is estimated that change overall has by 3 to 4 years overall and 7 years for digital acceleration. People, businesses, and institutions adapted more easily than anyone imagined. Most of us developed new strategies to…
It’s a pretty well-understood concept (at least among lawyers and family members). Sometimes you can have assets and still qualify for public benefits. You may be able to establish a special needs trust. But that trust will have to include a Medicaid payback provision. What is a Medicaid payback provision? A self-settled special needs trust…
At the end of each month, we like to survey the elder law landscape and share items we found interesting or newsworthy. The April review is heavy on politics and dead celebrities, but there’s a literal pet project, too: April Review: Politics Infrastructure: We learned this month that “infrastructure” can mean long-term care. Yes, President…
When we prepare your estate plan, we try to capture your wishes as thoroughly and precisely as possible. It can be a challenge, though, to cover every variable. You may also have preferences that are hard to capture in the legal language of trusts, wills and powers of attorney. That’s why we encourage clients to…
A relatively new player is gaining popularity in estate planning: trust protectors. Naming one can add an additional layer of assurance that a trust’s primary objectives will be carried out long term. A trust normally has three categories of players: The trustors, or creators The trustees, who hold the property for the benefit of the…