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…
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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…
Imagine a terminally-ill person marrying a long-time companion in the final weeks of life. If he or she was incapacitated at the time, can the marriage be annulled after the new spouse’s death? The Nebraska Supreme Court thinks so. Molly Stacey’s last years Greg Meyer, then 54, moved in with Molly Stacey in 2009. The…
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…
Oops, we’re doing it again. We’ve written about Britney Spears and her conservatorship from time to time, including two weeks ago, after she appeared in court. Here we are again, not to address Britney’s situation specifically but to look at how her conservatorship illustrates some truths about conservatorships. (Stars! They’re just like us!) But a lot…
You want to amend your revocable living trust. Your lawyer has told you that you need a trust restatement. What’s the difference, and which should you prefer? The basic rule A trust restatement is really just the ultimate amendment. Assuming that you retained the authority to amend your trust, you can amend it by completely…
It’s the end of the month, which is when we normally survey the landscape and share interesting developments in elder law. But Britney spoke in court, and we can’t resist. You may have heard that, for more than a decade, pop star Britney Spears has been under conservatorship in California. Conservatorships are typically needed for…