Preparing for a Death in the Family

We often get calls from family members who are eager to start preparing for a death of a loved one. Perhaps mom has entered hospice. Maybe the hospital has indicated that it’s soon time to remove life support for a sibling. Or dad is failing rapidly, and the family just wants to be prepared.

What can we suggest when preparing for a death in the family? In a nutshell, our usual advice is: you don’t want to spend your time with us.

There’s usually not that much that can be done to make things easier after a death. Most of the hard work of grieving, and the legal transitions, will have to wait until the actual event.

Here’s what we think does make sense in most cases: spend time with your loved one. Even if they don’t seem to know you’re present, you’ll feel better later (and the rest of your family will, as well) if you are there as much as possible.

But don’t you need to move money from the trust into an easily accessible bank account? No. Can you make burial arrangements and pay for them? Sure — but you don’t need us for that process (and much of it really needs to wait until family begins to gather, anyway). Can you fill out the probate petition, or start the trust notifications? Not really. Or, more precisely, you could do those things, but you’ll be redoing them later anyway, and it’s probably not the best use of your time.

Even immediately after the death of a loved one, we might not need to be the first stop. We’d like to see you (or whoever is going to administer the estate, or the trust) within a few days or a couple of weeks of the death, but there’s no need to stop by our office on the way home from the funeral. And let everyone know that there won’t be a check for them at the funeral itself. Plus we do have a checklist you might download and review. Then let’s talk.

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Robert B. Fleming

After more than 50 years of practice, Robert Fleming will retire on January 1, 2027. Our hearts are full of appreciation for Robert. A founding member of Fleming & Curti, PLC, he leaves behind a legacy built on mentorship, advocacy and education. A champion of autonomy and self-reliance, Robert advocated for thousands of vulnerable children and adults throughout his career. A visionary in the Special Needs Planning and Elder Law communities, his innovative ideas created new opportunities for individuals with special needs. The Fleming & Curti team look forward to celebrating Robert and promoting the legacy he leaves behind in the decades ahead.

If you would like to meet with Robert or learn more about Fleming & Curti, PLC, please contact us at 520-622-0400 or by email: [email protected].

Attorney

Robert Fleming is a Fellow of both the American College of Trust and Estate Counsel and the National Academy of Elder Law Attorneys. He has been certified as a Specialist in Estate and Trust Law by the State Bar of Arizona‘s Board of Legal Specialization, and he is also a Certified Elder Law Attorney by the National Elder Law Foundation. Robert has a long history of involvement in local, state and national organizations. He is most proud of his instrumental involvement in the Special Needs Alliance, the premier national organization for lawyers dealing with special needs trusts and planning.

Robert has two adult children, two young grandchildren and a wife of over fifty years. He is devoted to all of them. He is also very fond of Rosalind Franklin (his office companion corgi), and his homebound cat Muninn. He just likes people, their pets and their stories.

Elizabeth N.R. Friman

Attorney

Elizabeth Noble Rollings Friman is a principal and licensed fiduciary at Fleming & Curti, PLC. Elizabeth enjoys estate planning and helping families navigate trust and probate administrations. She is passionate about the fiduciary work that she performs as a trustee, personal representative, guardian, and conservator. Elizabeth works with CPAs, financial professionals, case managers, and medical providers to tailor solutions to complex family challenges. Elizabeth is often called upon to serve as a neutral party so that families can avoid protracted legal conflict. Elizabeth relies on the expertise of her team at Fleming & Curti, and as the Firm approaches its third decade, she is proud of the culture of care and consideration that the Firm embodies. Finding workable solutions to sensitive and complex family challenges is something that Elizabeth and the Fleming & Curti team do well.

Amy F. Matheson

Attorney

Amy Farrell Matheson has worked as an attorney at Fleming & Curti since 2006. A member of the Southern Arizona Estate Planning Council, she is primarily responsible for estate planning and probate matters.

Amy graduated from Wellesley College with a double major in political science and English. She is an honors graduate of Suffolk University Law School and has been admitted to practice in Arizona, Massachusetts, New York, and the District of Columbia.

Prior to joining Fleming & Curti, Amy worked for American Public Television in Boston, and with the international trade group at White & Case, LLP, in Washington, D.C.

Amy’s husband, Tom, is an astronomer at NOIRLab and the Head of Time Domain Services, whose main project is ANTARES. Sadly, this does not involve actual time travel. Amy’s twin daughters are high school students; Finn, her Irish Red and White Setter, remains a puppy at heart.

Famous people's wills

Matthew M. Mansour

Attorney

Matthew is a law clerk who recently earned his law degree from the University of Arizona James E. Rogers College of Law. His undergraduate degree is in psychology from the University of California, Santa Barbara. Matthew has had a passion for advocacy in the Tucson community since his time as a law student representative in the Workers’ Rights Clinic. He also has worked in both the Pima County Attorney’s Office and the Pima County Public Defender’s Office. He enjoys playing basketball, caring for his cat, and listening to audiobooks narrated by the authors.