Elder Law Issues
Estate Planning Solicitation Lies to You
Last week we received an estate planning solicitation in the regular (snail) mail at home. It made us very angry. It’s not just that it attempted to solicit our clients for non-lawyer estate planning. The solicitation contained numerous outright lies and wild misrepresentations. In case you received one, too, we’re here to debunk the false
‘I Care a Lot’: Nothing Like Guardianships in Real Life
Actress Rosamund Pike is having a lot of fun promoting her movie I Care a Lot. But her career bright spot has a dark side. In her speech after winning a Golden Globe for her performance, she half-joked: “Maybe I just have to thank America’s broken legal system for making it possible to make stories
February Review: King, Spears, McCain, Netflix
Toward the end of each month, we like to share elder law law developments we’ve noticed over the previous couple of weeks. The February review is star-studded, which doesn’t happen very often. We also have some celeb-free tidbits for tax and estate planning and just plain getting old: The February Review of Celeb Estates Larry
King’s Estate: Drama Is Just Beginning
Last week, my partners Robert Fleming and Elizabeth Friman, in their weekly podcast, talked about the late great broadcaster Larry King and his hand-written will. At the time, most people thought the simple document, which gave King’s estate to his five children (and not his wife), was his entire estate plan. That was surprising, given
Ex-Husband Must Return Late Wife’s Retirement Savings
Dividing retirement savings in an Arizona divorce proceeding can result in confusion and inequity. Sometimes the problems don’t appear for years — or even decades. A recent Arizona appellate decision illustrates the importance of paying attention to retirement savings plan details. Sandra Brown’s (brief) marriage In 1992, Sandra S. Brown married John M. Brown. That
Covid Vaccine: When Deciding for Others, What’s Best?
Across the country, millions of Americans are getting the Covid vaccine. For many, deciding whether to get one is no big deal. (“It’s best for everyone, right?”) For those who are unable to weigh the risks and benefits, someone else has to step in and give consent. That might be a guardian or a health
Person Under Guardianship May Retain Right to Visitation
Imagine that the Arizona probate court has appointed a guardian to handle your health care, placement and other decisions. You want to see your friends and family. Do you have a right to visitation with those you choose? Let’s not bury our lede: yes, generally speaking, you probably can have the contacts you want. There
January Review of Elder Law: Potential Tax Changes
It may seem like New Year’s was just yesterday, but February is around the corner. This is the last Monday of the month, which is when we like to survey the elder law landscape and share items of interest from the past month. Now that there has been a shift of power in Washington, the
Can’t Find Original Will? That Might Not Be a Problem
Sometimes our clients misplace their original wills. They often worry whether that will cause a problem. Our usual answer: probably not — but it’s easy to fix. Let’s just redo your will, even if we don’t make any changes. Sometimes, though, the problem comes up after a death. Everyone “knows” where the original will is.
Disinheriting a Child Over Politics? Think About a Trust
The divisions that lead to the recent attack on the U.S. Capitol are having an effect on estate planning. It’s not surprising that family members have differing political views during this turbulent time. What is surprising: the growing number of clients who are considering disinheriting a child because of it. But disinheritance is extreme. A
Medicaid Reimbursement Claim Must Be Filed in Time
If a person over age 55 receives long-term care from Medicaid the state may make a claim against their estate. The Medicaid reimbursement claim may seem like a pointless thing. After all, in order to qualify for Medicaid benefits the patient must be impoverished. So why would they have a probate estate anyway? A Medicaid
2020 Round-up: 10 Lessons and Reminders, Plus 2
Each month, we like to take stock of elder law news and developments and share them. The December round-up is actually the 2020 round-up. We’ve reviewed lessons we’ve learned over the past year, inspired by our own practice, cases we’ve read about, and even rumors we’ve heard. We’ve polled our team, and here are the
Special Needs Education During COVID
The pandemic response across the country has led to incalculable problems and challenges. One problem area that has been hit especially hard: special needs education. What is special needs education? In normal times, U.S. law requires states and local school districts to provide opportunities for children with special needs. The Individuals with Disabilities Education Act
The Final Word? With Wills and Trusts, It’s Never Final
After someone dies, most believe the will or trust is the final word and must be followed. That’s never really true. Often the document can’t be changed. But, if everyone involved can agree, they usually can deviate from the document and divide assets differently. Under Arizona law, a will cannot be reformed or modified, and
When Is Someone Legally Incompetent?
What does it mean to have someone declared legally incompetent? And how does that happen, anyway? The concept of competence in the law is surprisingly confusing. Most people think they know how to judge that someone would be legally incompetent. Very often they are wrong. Incompetent, or incapacitated? First we have to deal with language.
November Round Up: Stan Lee, Taxes, and More
At the end of the month, we like to survey the elder law arena and share what we’ve found. Here’s the November round up: Elder Abuse and Stan Lee The best read we’ve seen this month is an AARP piece on the last years and aftermath of the life of Stan Lee. Several in the
Protecting a Vulnerable Person: A Covid Challenge
Part of what we do at Fleming & Curti is protect vulnerable people. As a licensed private fiduciary, the firm serves as conservator, guardian, and agent under power of attorney for adults who can’t manage their own affairs. Ordinarily, because we’d all be having holiday family gatherings, we might share tips for spotting a vulnerable
Medicaid Planning Technique Didn’t Work Exactly as Intended
When a family member faces the high cost of long-term care, it may seem important to do whatever it takes to preserve their resources. Sometimes, though, a given Medicaid planning technique may cause problems. That can be true even if the approach is legal — and sometimes even if it is effective. Take Missouri resident
Britney Wants Dad Out of Her Business–Now
While the country was anxiously awaiting election results, Britney Spears was trying to get her life back. The pop star, 38, wants her dad and conservator out of her business. Now. Her situation illustrates some of the challenges with arrangements to protect people from themselves. Especially while they have capacity to make decisions. You probably
Two New Georgia In Terrorem Provisions Help Explain the Concept
We have written about Georgia in terrorem provisions before. Almost exactly three years ago, we described a then-recent court case in which two estate beneficiaries asked for authority to file a future action challenging the administration of a probate estate. The personal representative, pointing to the “no contest” (in terrorem) provision in the will, argued that
October Round Up: Covid, Care Homes & Taxes
It’s the last Monday of the month. That means we’re a bit closer to closing out 2020 and also that it’s time for the October Round Up of developments in elder law. Covid-19 and Care Homes The pandemic has hit nursing homes particularly hard. AARP this month launched a “Nursing Home COVID-19 Dashboard,” which tracks
Filing Probate Years After a Death Can Cause Problems
A recent New Mexico court case reminds us what can happen when families file for probate years after a death. The story takes several twists and turns, but it’s worth laying out the details. Marie in life Herbert and Marie Welch lived in Carlsbad, New Mexico. They had no children, either together or from other
Rich and Famous: Lessons from Steve Bing
The lives of the rich and famous often provide estate planning lessons for the rest of us. Few provide as many lessons as the short, unhappy life of Steve Bing. Bing, a Hollywood financier, philanthropist, and party boy, died last June at age 55, after jumping from a Los Angeles high-rise apartment. The aftermath may
Utah Adopts Nation’s Broadest Electronic Will Law (So Far)
Perhaps you have needed an excuse not to get your estate planning completed. “I’ll wait,” you might have said to yourself, “until I can sign a will digitally.” Well, we have good news: the nation’s broadest electronic will law was just adopted — in Utah. We live in a time of anxiety about human contact.
September Round Up: Estate Plan Tips, Nursing Home Report
At the end of each month, we take a moment to survey interesting developments in elder law. Here’s a September round up of randomness: Estate Planning Tidbits There are apparently eight important components to a thorough estate plan. Funeral insurance isn’t one of them, but maybe it should be. If you get married a second
A Gift to a Married Couple is a Gift to Both of Them
It’s not uncommon for family members to make a gift to a married couple. Usually, when a generous family member contemplates the couple, they assume that the marriage will continue. It also allows for a doubling of the annual gift tax exclusion amount (the well-known $15,000 figure). But sometimes the gift was really intended to
Remote Witnessing: Zooming Toward Future Will Signings
Covid-19 brought “remote” to lots of our lives — work, school, doctor visits, happy hour. One activity that remains in-person only: witnessing Wills. At least in most of the United States. Across the pond, though, remote witnessing may be catching on. At the end of September, England and Wales will allow Wills to be witnessed
Retirement Account Beneficiary Designations
It is often difficult to figure out how to complete your retirement account beneficiary designation. Do you have a living trust? Should you name your trust as beneficiary? Are you married? Do you intend to leave money to charities — and should that money come from your retirement account(s)? All of these questions make it
August Round Up: Taxes, Nursing Homes, Britney
At the end of every month, we like to share interesting developments in elder law. For the August round up, links consider the future of the estate tax, nursing homes, and Britney Spears. The August Round Up of Tax Speculation Now that we have our official presidential candidates, there’s no shortage of discussion about the
Oral Trusts Can Rescue Poor Planning
It doesn’t take much to create a trust. Most people go to a lawyer, and after a couple of meetings and a signing ceremony, they take home a big binder full of paper. While much of that effort is advisable, it’s not legally required. You don’t even need paper. That’s right, in Arizona, an oral