DECEMBER 3, 2012 VOLUME 19 NUMBER 44 One of the great advantages of a trust can be the ability to bypass court supervision and review. One of the great disadvantage of a trust can be that it bypasses court supervision and review. A recent California Court of Appeals decision highlights the problem nicely — and…
ELDER LAW ISSUES
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NOVEMBER 26, 2012 VOLUME 19 NUMBER 43 Many Arizona residents own vacation property in Mexico. Most Arizonans are at least somewhat familiar with Mexico’s land laws governing property ownership by U.S. citizens. The Mexican Federal Constitution of 1917 prohibits non-citizens (of Mexico, that is) from owning property within 100 kilometers of the border or 50…
NOVEMBER 19, 2012 VOLUME 19 NUMBER 42 Here’s the headline: the annual gift tax exclusion amount, which has been set at $13,000 per year since 2009, will increase next year by $1,000. That means you can give up to the higher figure ($14,000) to any one other person without having to file a federal gift…
NOVEMBER 12, 2012 VOLUME 19 NUMBER 41 A prospective client asks: “Can my mother cut me out of her will after my father dies? His will leaves everything to the children after her death.” That deceptively simple question comes in a number of variations (like: “My mother’s will left everything to her children, but her…
On Tucson’s arts community calendar for the upcoming week: The 3rd annual Loft Film Fest. This year’s film schedule runs from November 8 to November 15. Fleming & Curti, PLC, is co-sponsoring two of the films in this year’s Film Fest schedule: Wrinkles, (in Spanish, Arrugas) an animated Spanish-language film about aging, playing Saturday, November 10,…
NOVEMBER 5, 2012 VOLUME 19 NUMBER 40 We hear that request all the time. “I want to make it easy for her when I die — just put my daughter’s name on the deed,” client after client insists. When we resist, they think we are acting too much like lawyers. There are no statistics out…
OCTOBER 22, 2012 VOLUME 19 NUMBER 39 We are frequently asked how much it will cost to get a guardian and/or conservator appointed for a parent or other relative. It is hard to answer with precision, but it is a fair question. Let us see if we can give you some guidance. First, a few…
OCTOBER 15, 2012 VOLUME 19 NUMBER 38 At Fleming & Curti, PLC, we practice “elder law.” But what does that mean? Are all our attorneys elderly? (No) Are they all senior members of a religious group? (No) Are all our clients above a certain age? (No) Then what is the significance of the term “elder…
A terrific story on NPR this morning addressed seniors and driving. One suggestion: consider signing a power of attorney giving someone the authority to tell you when you need to stop driving. At Fleming & Curti, PLC, we have been doing that for clients routinely for about a decade. If we drafted your health care…
OCTOBER 8, 2012 VOLUME 19 NUMBER 37 Bear with us. This story will be a little dense and involve more difficult legal issues than we usually like to tackle. The good news: at the end you get an honorary law degree. Well, not really — but you’ll probably deserve one. Matt Silver (not his real…