Elder Law Issues
10+ Things for Your Stay-at-Home To-Do List
Stuck at home more than usual and getting a little bored? We have some ideas for your stay-at-home to-do list. The world, we hope, never shuts down like this again, so take advantage of time standing still and get your estate planning affairs in order. Assuming you have an estate plan, complete it and get
Signing Safeguards for Your Documents
Suppose you need to sign a new will, trust and powers of attorney. It’s important that you get this project completed in the midst of the current national health crisis. But what signing safeguards should you look for, in order to help protect your safety? At Fleming & Curti, PLC, we share your concern over
Corona-Free Roundup: A Virus-Free Diversion
At the end of the month, we like to survey the elder law landscape and share interesting developments. It’s not the end of the month, but we need a break from the all-corona-all-the-time news. So here’s a completely corona-free roundup. Take a few moments and pretend everything’s normal: Every so often a celebrity estate illustrates
What We’re Doing About the Viral Pandemic
Last week we described advice we would give clients who are concerned about the viral pandemic as it develops. Our core message: one thing you could pay attention to would be making sure your planning documents are in place. That means finding your estate planning documents — and especially your powers of attorney — and
Coronavirus: Another Reason to Be Prepared
Just like the CDC, we wouldn’t want you to panic about the coronavirus. But it can’t hurt to be prepared, and that applies to your estate plan as well as your pantry and disinfectant supply. There is of course the obvious: If you die, you’d want your plan to be in order. It appears, though,
Trust Modification May Not Bind Future Beneficiaries
Families often agree to modify the effect of a decedent’s will or trust. Does such a modification always bind future beneficiaries? A recent California case provides an example. It also gives us a chance to explore differences from state to state. The California facts McKie Roth, Sr., died in 1988. His second wife, Yvonne, survived
Big Changes for Fleming & Curti: We Moved!
Well, we made it. As many of you know, there are big changes happening at Fleming & Curti. We moved into our new offices over the weekend, after nearly three decades in the same spot. We’re now settling in at 1745 East River Road, Tucson, Arizona, and it feels really new in a really good
Guardian May Charge Fees, Even if Family
A guardian may charge fees for acting as guardian. That basic principle is not really surprising or disputable. But the notion persists that this important work should not cost, or at least be inexpensive. We have written about guardianship fees before. The subject comes back up because of a recent Florida Court of Appeals decision
Loved One Ailing? Take Action Before It’s Too Late
People close to a loved one facing death often look for help from an attorney after the loved one dies. Many estate planning attorneys provide checklists and write about what to do in such a time of overwhelming emotion and numbing grief. Contacting an attorney is low on the list. Many do not realize that
Who Gets to Make Burial or Cremation Decisions?
It’s becoming a more common dispute: who gets to make the decision between burial or cremation? Can you direct your own preference in advance? What happens if there is no clear decision — who gets to decide for you? In Arizona, almost two-thirds of all funeral/burial arrangements involve cremation. That’s a higher rate than the
1745 E. River Rd, Suite 101, Tucson, AZ 85718
That’s our new address: 1745 E. River Rd, Suite 101, Tucson, AZ 85718. We move in this month. We’re very excited. We’ve explained the upcoming move before. While we have been in the same location for over a quarter century, it’s time to move on. We need more space, and we want to be closer
January Roundup: What’s Up With the SECURE Act?
It’s the last Monday of the month, and that means it’s time for the January roundup of elder law news items. First of all, the SECURE Act was passed in late December, so the first few weeks of the year brought lots of discussion about it. We’ve rounded up some of the most interesting articles,
The Challenge of Anticipating the Future
Anticipating the future: that’s what estate planning lawyers try to do. We want to get our clients’ wishes down on paper. That means we have to help them imagine all sorts of possible developments. Will tax rules change before your death? Likely, yes. But in what ways? And when will you die, anyway? How about
Irrevocable Trusts: Never Totally Irrevocable
People may believe estate planning should be a once-and-done affair. But things tend to change over time, and estate plans may need to change, too. Even plans that say they are irrevocable are never totally irrevocable. Change is the norm these days. The just-passed SECURE Act brought a slew of changes and new strategies to
The 2020 Budget Act and Special Needs Trusts
Late in December Congress adopted its 2020 budget. The law goes by the poetic name the “Further Consolidated Appropriations Act, 2020“. We’ve already told you about the SECURE Act, part of the budget law. But there’s more in this complicated law. For our practices, it’s particularly important to know about the relationship between the budget
The December Round-up: 10 Lessons From 2019
At the end of each month, we like to take stock of elder law news and share new or interesting developments. For the December round-up, we’ve decided to do something a little different: round up the lessons we’ve learned over the past year, inspired by our own practice, cases we’ve read about, and even rumors
The SECURE Act Passed, But What Does it Mean?
Congress passed the SECURE Act last week, as part of a larger spending bill. It will become effective on January 1, 2020. You might not have read very much about it, or know how it affects you. Maybe we can help. SECURE stands for “Setting Every Community Up for Retirement Enhancement.” That might have been
Leaving Granada
“We are leaving Granada on Tuesday, and I cannot fight the feeling of flowing like a river” sings Ryan Gabrinetti in the little-known tune “Leaving Granada.” You may not be familiar with his group, Reflective Detectives. But we were drawn to the song as we contemplate, well, leaving Granada. Fleming & Curti, PLC, has operated
Gift Some of Your Success, But Do It Thoughtfully
Say you’ve had a really good year financially and want to share it with loved ones for the holidays. How wonderful! Many people don’t realize that gifting can affect them long after the property has been given away or that they can have some say in how that gift is used by the recipient. So
A Probate Potpourri
This week we looked for cases (and stories) illustrating important principles from probate court. We found a surprising batch of cases, and wanted to share them all. Hence this probate potpourri. We have four cases (from California, Louisiana, Maine, and New York) to share with you. California: “right of survivorship” may not mean what it
November Roundup: Death, Divorce, and Holiday Help
It may seem too early for the November roundup of elder law news items. But December is less than a week away, so it’s time. This month, in our survey of the elder law landscape, we stumbled upon a real-life circumstance that illustrates the conundrum that divorce sometimes creates for divorcing couples. Plus: tax updates,
Judgment Against Grandparents in Child Custody Fight
We sometimes meet with grandparents who are worried about their child’s ability to raise their grandchildren. Sometimes the grandparents are in a child custody fight. Most often they are genuinely concerned about real shortcomings. Occasionally their complaint is really about access being cut off. But last week we read a story about a grandmother and
New Estate Tax Limits Highlight Need to Plan
Every year, the IRS announces inflation-adjusted numbers for all kinds of tax-related things. Estate and gift tax limits are among them, and the 2020 numbers are here. The new estate tax limits will be $11.58 million per person, up from $11.4 million. The same figure applies to lifetime gift tax exclusion, as well. That means
Adult Guardianship Jurisdiction — Where to File
Families — and practitioners — frequently face a problem associated with our mobile society. After a family member moves across state lines, in which state should any court actions be filed? In other words, who has jurisdiction over adult guardianship proceedings? Wait — isn’t there a law on that? We’ve written before about the Uniform
October Roundup: Britney, Death Taxes, Rats Driving Cars
Each month, we like to survey the elder law landscape and share news stories we found interesting or helpful. The main October roundup item focuses on someone who’s not old: Britney Spears. She remains under conservatorship, a legal arrangement designed to help incapacitated people, often elderly but not always: What’s the Deal With Britney? Maria
Social Security’s 2020 COLA Increase
Each year the U.S. Social Security Administration calculates an adjustment in the cost of living (COLA). The 2020 COLA increase has now been set at 1.6%. That means that, starting January 1, 2020, a number of changes will cascade through the benefit structure. How will the 2020 COLA increase affect you, or your family member?
DIY Estate Plans: Shortcuts That Shortchange
Can you write your own Will? Sure, Arizona law (like laws in many other states) allows you to write your wishes in your own handwriting and sign it. Such a DIY estate plan could be perfectly valid. You also can find all kinds of forms online not only for estate plans but for other legal
Arizona’s Statutory Health Care Power of Attorney
Like many states, Arizona has included a statutory health care power of attorney in its law. That means the legislature has written a power of attorney form for you. You can fill it out, sign it and have it witnessed, and you have a completely valid document. The Arizona Attorney General’s office has even made
September Roundup: Watchdogs, Wealth Tax, and More
October is just around the corner, which means it’s time for our end-of-the-month collection of elder law news items. Some of the September roundup items challenge conventional assumptions about watchdogs, death at home, wealth taxes, and obituaries: Do Watchdog Agencies Protect Us? Many believe that if you lodge a complaint with a state agency about
Explaining Third-Party Special Needs Trusts
What is the difference between a third-party special needs trust and a self-settled trust? The distinction can be way more confusing than it ought to be. The trusts are similar in a number of ways, but there are important differences. A few months ago, we explained self-settled special needs trusts in this space. Those are