Elder Law Issues
Arkansas Court Refuses to Allow Trust Modification
JUNE 25, 2012 VOLUME 19 NUMBER 24 A recent Arkansas Court of Appeals case reminds us (yet again) how important it can be to plan for the possibility of a future disability in your family. Here’s the background (with names changed to help protect internet privacy): Ruth Olsen, like thousands of other seniors, created a
UTMA Account Is Treated Like a Trust Account
JUNE 11, 2012 VOLUME 19 NUMBER 23 The Uniform Transfers to Minors Act is almost universally known by its initials: UTMA. A version of the Act has been adopted in nearly every US state, and the few which have not adopted it have its similar predecessor, the Uniform Gifts to Minors Act (known, unsurprisingly, as
Finders Keepers? Losers Weepers?
JUNE 4, 2012 VOLUME 19 NUMBER 22 Richard Scott (not his real name) had a propensity to hide things away. His children knew that, and they knew that when he died they would have to go on a treasure hunt — literally for treasure. Mr. Scott lived in the same house in Paradise Valley, Arizona,
Posthumously Conceived Twins Denied Survivors Benefits
MAY 28, 2012 VOLUME 19 NUMBER 21 The United States Supreme Court doesn’t very often weigh in on Social Security rules, so when it does those of us in the elder and disability law community pay attention. Last week’s decision by the Court, interpreting Social Security regulations as applied to posthumously conceived children, addressed interesting
Retirement Account Is Community Property But Need Not Be Split Equally
MAY 21, 2012 VOLUME 19 NUMBER 20 Arizona is one of the nine U.S. states which recognize “community property” (a tenth, Alaska, allows couples to voluntarily create community property interests). The other eight community property states: California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin. Mention community property to a lawyer who has never
Missing Will Presumed Revoked, But Codicil Partially Reinstates It
MAY 14, 2012 VOLUME 19 NUMBER 19 In Arizona (as in most other states) there is an important rule about wills: if the original document was in the possession of it’s signer, and it can not be found after the signer’s death, then there is a presumption that it was destroyed. Not only that, but
Lifetime Asset Transfers Voided Based on Agreement to Make Will
MAY 7, 2012 VOLUME 19 NUMBER 18 We have written about contracts to make (or not to revoke) a will before. The question comes up infrequently, and usually only in a handful of ways: can you and your spouse make an enforceable agreement that you will leave your respective estates to, say, your children no
Is a Veterans Administration Benefit Right for You?
APRIL 30, 2012 VOLUME 19 NUMBER 17 We were reminded recently of the existence of a resource for elderly veterans and their surviving spouses — one that is too often overlooked, as it happens. We had yet another client who was unaware that she might qualify to receive a Veterans Administration pension benefit. We have written
How To Avoid Probate — And What Doesn’t
APRIL 23, 2012 VOLUME 19 NUMBER 16 Let us try to demystify probate avoidance for a moment. Note that for the purposes of this description, we are not going to argue with you about whether avoidance of probate is good, bad, desirable or a foolish goal — we start here with the assumption that probate
EINs for Trusts: The Questions Just Keep Pouring In
APRIL 16, 2012 VOLUME 19 NUMBER 15 Tax ID numbers for trusts. When we first wrote about this topic, we did not appreciate how interested our readers would be. We thought that the issue was sort of dry, actually, and that most people would have asked their lawyer or their accountant for direction. It has
Helping Care for Your Relative Provides Income Tax Benefits
APRIL 9, 2012 VOLUME 19 NUMBER 14 Federal and Arizona state income tax returns are due next week. It’s a good time to review tax deductions for one of the common situations we deal with: in-home (or, for that matter, institutional) caregiving for an infirm family member. We wrote about an individual case involving long-term
“Grandma, it’s me and I need your help.” Don’t Be Fooled By This Scam
APRIL 2, 2012 VOLUME 19 NUMBER 13 We have been hearing lately about a scam that targets seniors. You get a telephone call from a number you don’t recognize. When you answer, the person on the other line says: “Grandma, it’s me, and I need your help.” You learn that your grandchild has been detained
Tax Identification Numbers for Trusts After Death of Spouse
MARCH 26, 2012 VOLUME 19 NUMBER 12 Here at Fleming & Curti, PLC, we keep tabs on what brings people to our website. We look at referring pages, at search terms and at a variety of other items. We are intrigued by what persistently tops the search-engine list. The most common search? It’s some variation
Guardianship May Suggest Lack of Testamentary Capacity
MARCH 19, 2012 VOLUME 19 NUMBER 11 Can a person under guardianship sign a new will? After all, in order to have a guardian appointed (in Arizona, at least), the court must first have found that the person is impaired by a mental disorder (or some other cause) and that he or she “lacks sufficient
Physical Limitations Can Lead to “Vulnerable Adult” Finding
MARCH 12, 2012 VOLUME 19 NUMBER 10 Georgia Griffin (not her real name) moved from Kansas to Arizona in 1997. She lived in her own townhome in Sun City West, a retirement community northwest of Phoenix, until 2001, when she moved in next door to her daughter Barbara, who lived in Scottsdale. Georgia’s story was
“Vexatious Litigant” Title Takes On Real Meaning in Phoenix Case
MARCH 5, 2012 VOLUME 19 NUMBER 9 We have written before about changes to Arizona guardianship, conservatorship and probate proceedings adopted in the past year. Changes involved both probate laws and court rules. One thread running through both sets of changes: the notion that proceedings in probate court could be unnecessarily complicated by “vexatious litigants.”
Think Your Family Member Needs a Guardian? Proceed With Caution
FEBRUARY 27, 2012 VOLUME 19 NUMBER 8 Phoenix-area resident Larry Robertson (not his real name) was undoubtedly fading mentally, but he had made plans for handling his affairs. He had created a revocable living trust, signed a power of attorney and created a beneficiary deed. All those documents named a husband-and-wife team who were also
The Millionaire Next Door: The Surprising Secrets of America’s Wealthy
Review by Eric R. Severson, Esq., Wellington, Florida Book by Thomas J. Stanley, Ph.D. and William D. Danko, Ph.D. “Whatever your income, always live below your means.” Stanley & Danko, The Millionaire Next Door at 161. This simple rule is very hard to live by in our high consumption society. My wife and I have
“Reinventing Retirement: 389 Bright Ideas about Family, Friends, Health, What to Do and Where to Live”
Review by Robert L. McClelland, Esq., Lexington, Kentucky Reinventing Retirement, by Miriam Goodman When I look for a book on retirement planning, I want more than a financial planning book. Although financial planning is very important, retirement planning is broader. After all, isn’t our pursuit in “retirement” to “finally” be doing the things we want
The AARP Retirement Survival Guide — How to Make Smart Financial Decisions in Good Times and Bad
Review by Linda Greenberg, Esq., Palos Verdes, California Book by Julie Jason My review is on “The AARP Retirement Survival Guide – How to Make Smart Financial Decisions in Good Times and Bad.” The author, Julie Jason is a personal money manager who started her career as a securities lawyer 30 years ago. Her goal in writing
Amending Your Will–Caution: Do Not Try This At Home
FEBRUARY 20, 2012 VOLUME 19 NUMBER 7 OK — you’ve signed your will and paid the big lawyer’s fee. Now you want to make a change. Do you know how to modify your will? Can you do it without incurring another fee? Shouldn’t it be easy to make the change? All that might have been
The Smartest Retirement Book You’ll Ever Read
Review by Christina Nevins, Esq., Boynton Beach, Florida Book by Daniel R. Solin Let me first say that I don’t usually enjoy reading financial planning books. Don’t get me wrong. I do read them, because I know that I need the information contained in them. I just don’t enjoy the process, finding that many are
Guardians Control Care Decisions, But Authority Is Not Absolute
FEBRUARY 13, 2012 VOLUME 19 NUMBER 6 A Texas probate judge appointed Frederick and Lorraine Cooper (see note below) as guardian of their adult developmentally disabled daughter Cathy in 2003. Three years later, Cathy moved into a group home in Grapevine, Texas. After Cathy had lived there for about two years, the group home operator
Book Review – Smart Women Don’t Retire
Smart Women Don’t Retire – They Break Free: From Working Full-Time to Living Full-Time; The Transition Network and Gail Rentsch (June 2008). A review by Heather D. Barron, Esq. I reviewed Smart Women Don’t Retire – They Break Free: From Working Full-Time to Living Full-Time. I specifically wanted to know how retirement differs for women
Maine Service Cutback Leaves Disabled Minor Without Program
FEBRUARY 6, 2012 VOLUME 19 NUMBER 5 Here’s an anecdote that we expect to see repeating itself over the next few years. It involves a fifteen-year-old boy with severe disabilities, and the Maine state Medicaid program. It also involves Maine’s efforts, like those of other states (including Arizona), to trim its eligibility roles for Medicaid,
Will Rejected in Illinois but Approved by Indiana Courts
JANUARY 30, 2012 VOLUME 19 NUMBER 4 We are frequently surprised by how much trouble people cause for their families and heirs by not taking simple steps to properly plan for their estates. One thread that often recurs involves a fear (or perhaps disapproval) of lawyers, leading to failure to get good legal advice about
Why You Should Not Create a Special Needs Trust
JANUARY 16, 2012 VOLUME 19 NUMBER 3 Let’s say you have a child with “special needs,” or a sister, brother, mother or other family member. You have not created a special needs trust as part of your own estate plan. Why not? We know why not. We have heard pretty much all the explanations and
Challenge to Three-Year-Old Trust Reformation is Dismissed
JANUARY 9, 2012 VOLUME 19 NUMBER 2 With the increased emphasis on (and use of) living trusts for estate planning, we lawyers are seeing more and more cases in which an old trust needs modification. Perhaps the tax laws have changed since a parent or grandparent died. Maybe what once made sense is less defensible
Court Rule Changes Will Affect AZ Fiduciaries in 2012
JANUARY 2, 2012 VOLUME 19 NUMBER 1 Two weeks ago we detailed some of the statutory changes facing guardians, conservators and other fiduciaries in Arizona beginning with the new year. At the same time the legislature was working on those changes, the Arizona Supreme Court was considering changes to the rules and procedures governing probate
Ohio Probate Judge Describes Court as “Superior Guardian”
DECEMBER 27, 2011 VOLUME 18 NUMBER 44 Carl Smith is a developmentally disabled young man living in Ohio. When he reached age 18, his mother Peggy Smith applied to the local probate court for appointment as his guardian. She was appointed, and Carl continued to live with her for the next several years. In 2005