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…
ELDER LAW ISSUES
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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…
OCTOBER 1, 2012 VOLUME 19 NUMBER 36 From time to time we have written about what lawyers usually call “in terrorem” provisions in wills and trusts. They are perhaps better known as “no-contest” clauses, and they are intended to prevent will (or trust) contests after the death of the signer. Typically, they say something like:…
SEPTEMBER 24, 2012 VOLUME 19 NUMBER 36 Two weeks ago we wrote about why you might want to plan your estate with an eye toward avoiding probate. We hope you concluded, with us, that the probate process may not be as onerous as one would believe based on its bad reputation. We concluded with a…
SEPTEMBER 10, 2012 VOLUME 19 NUMBER 35 Earlier this year we wrote about how to avoid probate. We told you at the time that we might later address whether to avoid probate. This week we’re going to tackle that topic. You might be thinking something like: “‘whether to avoid probate’? Isn’t that foolish? Of course…