When a married person files for a divorce, Arizona law requires issuance of an automatic injunction. The injunction prevents changes in assets or titles until the divorce is resolved. It maintains the status quo while the legal system kicks into gear. An automatic injunction also issues in other, related kinds of actions. For instance, filing…
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Most people are unfamiliar with the term “surety bond”, and may never have run across the concept. When a court appoints someone to manage another person’s money, a surety bond is often involved. Different kinds of fiduciaries Depending on the context, a court might appoint a conservator to handle the estate of someone who is…
In 2014, Congress adopted the Achieving a Better Life Experience Act (better known as ABLE). That new law formally introduced the concept of a “qualified disability expense”. But what kind of expenditure is a qualified disability expense? And does the term mean anything outside of ABLE? Definition of qualified disability expense The ABLE Act itself…
We have written before about guardians ad litem. A recent Alaska case reviewed the similar — but different — use of a “next friend” in a civil lawsuit. What’s the difference, and why did it matter in the Alaska case? Helen’s boating accident Back in 1993, a 17-year-old boat operator collided with another boat on…
Most people have at least a vague understanding of the attorney-client privilege. In most circumstances, what you say to your lawyer is private. Your communications are confidential, and your lawyer may not share them. What happens after you die? Even after your death, your lawyer may not share your communications. But that does lead to…
Too often, people fail to adequately plan for their children (or grandchildren) who have disabilities. This week we read a Nebraska case about a grandson’s trust that put his public benefits at risk. His grandmother had created a trust for him, but it was not a “special needs” trust. The courts fixed the problem, but…
When Nevada resident David King hired a Minnesota lawyer to write his will, and then moved to Oregon — did he imagine how much confusion would arise from the application of different state law?
How would you go about choosing a lawyer? The traditional advice is to ask friends, ask lawyers you know and trust for referrals, and check the publicly available ratings systems. Usually — almost always — those approaches work. Sometimes, though, choosing a lawyer can be more difficult. Lawyers know more about their experience, capabilities and…
It’s easy to observe that the subject of a guardianship (or conservatorship) petition has a right to “due process” during the court process. But what does that mean? Does it include anything a judge orders? Does it require a court hearing? How will you know if you have been afforded due process before a guardianship…
Here at Fleming & Curti, PLC, we comb recent case reports and news items looking for a good story to illustrate important legal principles. We are always on the lookout for stories about, for instance, trust administration issues. Sometimes our work is easy; sometimes there just don’t seem to be great recent stories. Perhaps it’s…