Elder Law Issues
June Developments: Study Says Life Is Good, Eventually
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
Modification of a Special Needs Trust
Is modification of a special needs trust possible? Even if the trust is irrevocable, and its terms are clear? The short answer is “yes” — at least in some circumstances. A recent Texas Supreme Court case illuminates the principles. And the story is pretty interesting, to boot. “Dick” Poe was a prominent businessman from El
Inheritance Advice: The ‘Times’ Got It Wrong
The New York Times is wrong. In a recent “Social Q’s” column, a reader asked for inheritance advice. The response was off the mark. (For the purposes of this article, we’ll call the questioner “Reader.” And though the column didn’t reveal Reader’s gender, for easy identification, we’ll assume Reader is female.) Reader describes the circumstances:
Beneficiary Deed Can Be Challenged For Undue Influence
Can a beneficiary deed challenge be based on alleged undue influence? Yes, in the same way that a will, a trust, or another writing could be challenged. A recent Arizona appellate decision spelled out some of the rules and details. But what is a beneficiary deed? First, a little introduction. Arizona is one of the
May Review: Aging, Taxes, and Betty White
It’s almost June, so it’s time to survey elder law news and commentary and share interesting developments. For the May review, we have news about Arizona’s elders, taxes, and Betty White’s estate sale: Challenges of Aging Arizona’s Auditor General issued a scathing report that suggests the Department of Health Services is doing little to protect
What About Planning for Your Crypto?
In our recent article about digital assets, we skipped over planning for your crypto. We encouraged getting your digital affairs in order by doing an inventory of all digital accounts so your estate administrators can manage your affairs without additional stress. Crypto requires even more care. The Crypto Basics Cryptocurrency and other “blockchain” assets such
The Corporate Transparency Act Is, Well, Opaque
You might not have read much about the Corporate Transparency Act (usually referred to as the CTA). The law, adopted by Congress on January 1, 2021, was part of a much bigger legislative package. Actually, its history is even more interesting than that, and worth mentioning before we describe the CTA and how it might
Summer Project: Get Your Digital Life In Order
Need a summer project? We have one for you: Get your digital life in order. An increasingly large part of our everyday lives happens the digital space. The Covid-19 pandemic accelerated our use of digital tools across the board. We use e-mail, apps, social media, and more every day. Plus, more people and institutions are
Charitable Gifts and Your Estate Plan
Charitable gifts are important to many of our clients. We encourage charitable inclinations, of course. But how can you make a gift to your favorite charity most efficiently? Lifetime charitable gifts Of course, one way to make a gift is to write a check. It’s direct, it’s immediate — and it’s very much appreciated. Making
April Review: Surveys Show We Could Plan Better
That’s May just around the corner, which means it’s when we like to survey elder law news and commentary and share interesting developments. For the April review, we learn (again) that a lot of people don’t have estate plans, that a lot of people want to “age in place,” and that the George Harrison estate
Electronic Wills Still a New Idea Three Years Later
Electronic wills were all the rage in estate planning discussions in 2018 and 2019. In that two-year period, four states adopted new statutes allowing for digital or electronic signing of wills. In order, Nevada, Indiana, Arizona and Florida pushed technology and law forward. After that first rush of interest, two important things happened to push
Things Change: Your Estate Plan Should Change, Too
Clients know things change. And one common question in an estate planning meeting is: “Can I change my mind?” Quickly followed by, “Will you charge me for that?” Yes, probably. And yes. As we all know, life goes on. Every person should, from time to time and after a major life event, review their estate
Trust Documents and the Settlor’s Intent
The settlor of a trust — the person (or, often, the two people) who signed the trust — of course gets to set the terms of distribution. In fact, one of the key elements of trust law is to determine and carry out the settlor’s intent. But when a successor trustee is administering the trust,
March Review, From Cryptocurrency to Purple Rain Wine
We’re near the end of the month. That’s when we like to survey the elder law landscape and share articles and developments of interest. For the March review, we touch on everything from cryptocurrency to Purple Rain Wine. March Review: Estate Planning It seems like everyone is investing in cryptocurrency these days. Many investors, however,
SECURE Act Clarifications Are, Well, Confusing
Last month the Internal Revenue Service took a major step in interpreting the SECURE Act of 2019. The SECURE Act clarifications are helpful. They are also confusing. The SECURE Act (recap) To review: in the closing days of 2019, Congress adopted a far-reaching new law on retirement account beneficiaries. The Setting Every Community Up for
Stop Helping: Why Helpers Should Leave the Room
When an aging person creates or changes their estate plan, children, caregivers, friends often tag along to “help.” Most of the time, an estate planning attorney will request that the helper stop helping–not participate at all. A new court decision out of New York illustrates why. Battle of the Wills In the Matter of the
“Certified Senior Advisor” is Really an Annuity Salesman
The story is sadly familiar. An elderly individual, seeking to get estate planning done inexpensively, seeks legal help from a non-lawyer paralegal. The paralegal identifies himself as a “Certified Senior Advisor”, 0r CSA. But what he really does is to sell a large and inappropriate annuity to the senior. American Family Legal Services Tom and
Garn-St Germain and Your Estate Planning
Last week in this space we wrote about Arizona’s beneficiary deed option. The Arizona law allows you to set up an automatic transfer on death for real estate. No probate, no complications. There are things to look out for, of course, but it can work for many people. One thing you should know about: Garn-St
Automatic Transfer on Death: Arizona’s Beneficiary Deed
You know that you can name a beneficiary on your life insurance account, your bank and other financial accounts — even your car. Wouldn’t it be great if you could create an automatic transfer on death for your home? Oh, wait — in Arizona, at least, you can. Arizona’s “beneficiary deed” We’ve written about the
September Review: Estate Tax Changes Around the Corner?
October is around the corner, which means it’s time for the September review of elder law news and developments. Of utmost concern: Potential changes to the estate tax. We’ll devote most of our review to the current proposal, even though it’s very far from a done deal. Those who might be affected should think about
Ademption: Sale of Stock Defeats Inheritance
A will (or trust) often leaves specific items — like stock — to named individuals. But what happens when that specific item no longer exists at the death of the owner? Well, let’s review the concept of “ademption.” What is ademption? The legal concept of ademption is straightforward. But understanding it requires us to first
Making Lists: A Good Way to Show You Care
Write it down. For decades, law firms like Fleming & Curti have provided estate planning clients with blank forms for making lists for gifts of personal property. Clients rarely use them, but there are significant benefits to making lists. Lists give your executor (a/k/a personal representative) or trustee a roadmap for distributing the items. In
Arizona Advance Directive Registry is Moving
If you signed your health care directives with Fleming & Curti, PLC, in the past decade or so, you probably already know about the Arizona advance directive registry. It gives you an easy — and free — way to store your health care power of attorney, living will or pre-hospital medical care directive online. For
August Review: Taxes, Planning, Aging & Bob Ross
It’s the end of the month, so it’s time for the August review of elder-law related developments. Taxes & Planning Iowa has decided to ditch its inheritance tax, phased out and fully reduced by January 1, 2025. There are only five others: Kentucky, Maryland, Nebraska, New Jersey, and Pennsylvania. Even “Gen Z” needs to know
New Visitation Law: Coming Soon for Health Care Agents
In a few short weeks, health care agents will need something extra to protect incapacitated loved ones from upsetting visitors. A court order. Starting September 29, when new laws in Arizona take effect, health-care agents (“HCPOAs”) will be subject to a new visitation law, A.R.S. § 36-3211. New Visitation Law: ‘Encourage and Allow’ Contact The new
ABLE Act Contributions Now Tax-Deductible in Arizona
First, the news: Arizona has now legislated a state income tax deduction for ABLE Act contributions, beginning this year. Now, let us explain what that means. Let’s start with the ABLE Act itself As a reminder, Congress passed the Achieving a Better Life Experience (ABLE) Act at the end of 2014. It allowed states to
Late in Life Romance: More Complicated Than It Seems
Late in life romance is special. Older couples, often financially secure, can travel, enjoy one another’s company, and get to know families and friends without historical baggage. Staying single also has practical appeal. It seems simple for those who have endured divorce or aim to maintain separate finances. But an arrangement that seems simple can
Marriage Annulled by Court After Spouse’s Death
Imagine a terminally-ill person marrying a long-time companion in the final weeks of life. If he or she was incapacitated at the time, can the marriage be annulled after the new spouse’s death? The Nebraska Supreme Court thinks so. Molly Stacey’s last years Greg Meyer, then 54, moved in with Molly Stacey in 2009. The
Monsoon Season Review: Taxes, Planning, Dementia & Dead Celebs
As we’ve been enjoying a fabulously soggy monsoon season in Tucson, suddenly August is around the corner. That means it’s time to survey the elder law landscape and share various items of interest. We delayed the June review because Britney Spears’ legal struggles took center stage. So this monsoon season review spans the two months
Roz and Duncan Work as a Team
Long-time friends of Fleming & Curti, PLC, will recall the late Odin Tyvlytter and his colleague Duncan. After the sad death of Odin, we recruited Rosalind Franklin to step in. Now office visitors can meet with Roz and Duncan if they wish. Usually, of course, there’s also a lawyer involved in those meetings. Meet Rosalind