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

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

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

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

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 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

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 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

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

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,

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

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

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

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

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 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

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

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