Elder Law Issues
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
“Revocation On Divorce” Law Interpreted in Arizona
Suppose a married couple signs wills leaving everything to one another, and naming each other as personal representative of their estate. What happens when they later divorce? In Arizona, our broad “revocation on divorce” law kicks in. The concept is straightforward. After a divorce you probably want to change your estate planning documents. Maybe you
With Medical Decisions, ‘Capacity’ Is the Key
“As long as you are able to make medical decisions, you get to make your own.” We often tell clients that when we are discussing creating a medical health care power of attorney. In the document, a “principal” names an “agent” to make decisions for the principal if/when he or she no longer can. The
Daughter Can File Exploitation Complaint, Though She May Lose
Who can file an exploitation complaint, alleging financial abuse of a vulnerable adult? In Arizona, a court-appointed conservator can file with the courts. So can the personal representative of the victim’s estate. But what about family members who feel that their loved one has been victimized? Financial exploitation of vulnerable seniors is a huge, and
July Roundup: Boom in Death Planning & More
At the end of each month, we take a moment to survey interesting developments in elder law. Did you know there’s a boom in death planning? So says the New York Times. For the July roundup, we take a look at the “Boom” resources mentioned, then quickly round up a few other useful articles that
Assisted Living Facility Fined Over Power of Attorney
An Arizona assisted living facility, fined last year over two powers of attorney, appealed its civil sanction through the courts. It’s story raises concerns about the vulnerability of ALF residents. It also offers insight into common practices in the industry. The first resident’s story The case involved two residents at Heritage at Carefree Senior Living
Bad Things Can Happen with PoAs: An Illustration
Powers of attorney are powerful tools, ones that can be easily misused. We’re often warned that bad things can happen with a financial power: the agent can take all the money. But we’re not often told bad things can happen with medical powers, too. This week, we share a cautionary tale inspired by a client
Group Home for Disabled Residents Protected by Federal Law
Last week an Arizona court ruled that an upscale housing subdivision may not exclude a group home for disabled residents. The Court of Appeals’ “memorandum” decision did not establish a binding precedent. Still, it represents a significant step in supporting the rights of the disabled. The subdivision Montana Ranch (sometimes Montaña Ranch) is a deed-restricted
June Roundup: Estates, Lawsuits, and More
If you are a regular reader, you know that at the end of the month, we like to survey the elder law landscape and share interesting happenings. For the June roundup, we focus on estates involved in litigation, touch on potential estate tax changes, and revisit ethical wills. Clients, especially those with trusts, wonder why
CARES Act Payment Doesn’t Affect Benefits or Taxes
This week we heard from a client about his brother’s CARES Act payment: “My brother Dave, who receives SSI and is on AHCCCS, just got his CARES Act check for $1200. Actually, I got it, since I am his representative payee. I am very worried that he might lose his long-term medical care benefits under
To Protect Beneficiaries, Use Specifically Tailored Trusts
Deciding what your loved ones get – or don’t get – after you are gone can be difficult. It’s even tougher if those to whom you wish to leave your hard-earned assets are not responsible with money or lack values you hold dear. A trust with tailored provisions is a possible solution. Leaving an inheritance
Arizona Court Asserts Jurisdiction Over Texas Trust
Suppose you live in Texas, and you establish a revocable living trust. Your trust document is clear. The trust is a Texas trust, and is “to be governed, construed, and administered” according to Texas laws. Does that mean any challenge by trust beneficiaries must be filed in Texas courts? The Roger McCarty Trust Roger McCarty
May Roundup: Anticipating the Unknown
We’re kicking off the new month with a look back at the last one; here’s the May roundup of elder law items: Will Corona Kill the Ultra-High Estate Tax Exemption? We aim to keep this a Coronavirus-free zone, but we can’t help but wonder whether current events will have an effect on estate and gift
How to Handle Loans in Your Estate Plan
We hear a similar story from clients all the time. Maybe you have done this: you advanced some money to one of your children, and they are (or are not) making payments on the loan. How do you want to handle loans in estate plan? There are no universal rules First off, let’s get one
Leave a Richer Legacy With Ethical Wills
For some of us, a result of the current pandemic has been a stark realization: So much in life means more than money. Money, however, is what estate plans are all about — expressing how you want your assets divided when you die. An estate plan includes very little, if anything, about the rest of
Patio Planning — Yours or Ours
At Fleming & Curti, PLC, we’ve been thinking about how we — and our clients — will adjust as the economy reopens. We may see more of our clients face-to-face, but we’ll still want to be very cautious about proper distancing and disinfecting routines. What might that look like in the months to come? One
An Almost Covid 19-Free Roundup
At the end of the month, we like to survey the elder law landscape and share interesting developments. It’s a little beyond the end of the longest month that ever was, so it’s time. We aimed to keep this a corona-free zone, but guess what? There are not a lot of other topics out there.
Valid Power of Attorney May Avoid Guardianship
Does every incapacitated person qualify to have a guardian appointed? Not necessarily. A valid power of attorney may finesse the need for appointment of a guardian of the person OR a conservator of the estate. Let’s look at a recent case from the courts here in Tucson. George and Suzanne get married Actually, the marriage
Want to Help Loved Ones? Know the Rules
We’ve seen the headlines: hundreds of thousands of jobs lost, millions have filed for unemployment, the economy is getting slammed. Chances are, someone you know and love is suffering, too. Considering the wide-spread coronavirus damage, you may want to help ease the pain. If you find that you want to help, there are rules around
Social Distance and “Hello In There”
John Prine was a giant. No one loves his work more than we do. His gems include “Angel From Montgomery” and “Paradise“, among dozens of others. But since his death last week (from complications of coronavirus), the one we keep hearing, and celebrating, is one that speaks to isolation and loss. “Hello in There” is