VOLUME 24 NUMBER 11 At Fleming & Curti, PLC, we practice elder law. But what does that term mean? Our practice is focused on typical legal problems faced by older individuals. We also regularly work in the field of special needs planning for individuals with disabilities. Because the people coming to see us are often…
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MARCH 6, 2017 VOLUME 24 NUMBER 10 If you are parent to a child with a disability, you need to make sure your own estate plan deals with that status. Will your child be able to handle an inheritance? Will an inheritance disrupt his or her Social Security, medical care or other benefits? Most importantly,…
FEBRUARY 27, 2017 VOLUME 24 NUMBER 9 General rule: a trust lawyer’s fees can be charged to the trust, at least where the trustee has not misbehaved. Significant exception: courts can reduce fees for a variety of reasons, and “misbehaved” may have different meanings. The story Patricia Campbell was trustee of a special needs trust…
FEBRUARY 20, 2017 VOLUME 24 NUMBER 8 Here’s a basic rule, applicable in every U.S. state: wills need to be in writing. But what about a promise to write a will, or to leave a particular item to a particular person? Unsurprisingly, those promises usually have to be in writing, too. Jim’s Story Take Jim…
FEBRUARY 13, 2017 VOLUME 24 NUMBER 7 Here at Fleming & Curti, PLC, we try to help people understand their legal concerns and how to solve problems. We really want to give useful information, and we believe that our work is easier when our clients are informed. We are now ready to provide more information…
FEBRUARY 6, 2017 VOLUME 24 NUMBER 6 This week Fleming & Curti held another one of our periodic seminars for clients and the public. This one was different — rather than us lecturing on issues of elder law, we invited a guest speaker. Harriet Warshaw, Executive Director of The Conversation Project, led a lively discussion…
JANUARY 30, 2017 VOLUME 24 NUMBER 5 We knew it would happen, and now it has. A surviving spouse has sued to force the administrator of the deceased spouse’s estate to file a federal estate tax return to perfect the “portability” election. Before we can tell you how it turned out, we’ll need to explain…
JANUARY 23, 2017 VOLUME 24 NUMBER 4 There really is no question that it is important for almost every adult to have a will, and to consider signing both financial and health care powers of attorney. That is what we mean by “estate planning,” and it is important to go through the process of preparing…
JANUARY 16, 2017 VOLUME 24 NUMBER 3 Things change. This is our twenty-fourth year of publishing Elder Law Issues, and one thing we frankly didn’t think much about a quarter-century ago was privacy. Today it’s a big concern, and central to a lot of our thinking. When Fleming & Curti, PLC, first formed in 1994,…
JANUARY 9, 2017 VOLUME 24 NUMBER 2 At Fleming & Curti, PLC, we represent seniors, people with disabilities and the family members who work with and support them. We also frequently act as trustee, agent, conservator or guardian for that population. It’s hard to capsulize exactly what we do, but if you ask any of…