Sometimes, you can develop a fondness for tasks that used to seem like a chore. That’s me and the brief. Having spent more than a decade in newspaper journalism, I compiled plenty of news briefs, collections of news of the day each item boiled down to a paragraph or two. These days, news bits are…
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New clients frequently come to us after they have been told that they need to “get” or “set up” a special needs trust. They often don’t realize that there are different kinds of special needs trusts. Sometimes a self-settled special needs trust is the right answer. In some cases the right approach is a third-party…
You’ve signed your will and powers of attorney. Maybe you’ve even signed a living trust. But now who should get copies of your will and trust? Is the answer different for your powers of attorney? What to do with the original documents First, let’s just say a word about what you should do with the…
If we all had crystal balls that could predict the future, estate planning would be a whole lot easier. We don’t, it’s not — and we’re here to tell you that you need to plan for contingencies. One difficult aspect of planning is considering the various ways the future can unfold. Perhaps the hardest part:…
In a divorce proceeding, the court determines who should have custody (and decision-making authority) over any minor children. When a child subject to such an order reaches majority, the court order usually expires. But when the now-adult child has a disability, either or both parents may seek appointment as guardian. Does the divorce court custody…
At Fleming & Curti, PLC, we frequently act as fiduciary. That means we handle money held in trusts, conservatorships and individual names. It also means we file tax returns — lots of them. We have just completed (mostly) the 2018 tax filings, and we have some insights into how the 2017 Tax Cut and Jobs…
Clients often ask how to make their estate plan irrevocable. In most (but not all) cases, the question comes from a married couple — often in a second or later marriage, and with children from earlier marriages. The actual question one spouse asks: how can I be sure that my spouse can’t change our estate…
We see it all the time. We ask our clients not to write on their wills or trusts. This weekly newsletter regularly reports stories about how it does not work. Nonetheless, people keep trying to make a will deletion or modification by scribbling on the will itself. Please remember, folks: when the issue becomes important,…
The Uniform Transfers to Minors Act (UTMA) is a popular choice for making gifts to minor children. A UTMA account is easy to set up, essentially free to administer, and does not involve lawyers, courts or even (usually) accountants. But UTMA accounts continue to be the source of confusion. Who actually owns a UTMA account?…
Three weeks ago, the leading American company selling long-term care insurance suspended sales of its lead product. Last week, the company restarted sales — but only by direct online contact. In other words, brokers and insurance salespeople are now cut out of the loop for the largest seller. What does that mean for the marketplace,…