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…
ELDER LAW ISSUES
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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…
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,…
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…
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…
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…
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…
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?…
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…
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…