ABLE Act accounts

ABLE Act Accounts

In 2014, the federal government allowed states to establish ABLE Act accounts. Do you understand who they are for and when you might want to explore the idea further? In this week’s podcast episode, we discuss ABLE Act accounts in Arizona. The accounts were first permitted under the federal Achieving a Better Life Experience Act…

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Fleming & Curti as fiduciary

Fleming & Curti as Fiduciary

The last in our series of podcasts on selecting a fiduciary. Should you consider our firm, Fleming & Curti, as fiduciary? We started this cycle with a general discussion: what does “fiduciary” mean, anyway? And how do you select a successor trustee, personal representative or agent for your powers of attorney? If you don’t think…

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Professional fiduciaries

Professional Fiduciaries and Your Estate Plan

Choosing your fiduciary can be challenging. Even understanding the duties and challenges facing your fiduciary can be difficult. Sometimes you need to consider professional fiduciaries. What is a professional fiduciary? In Arizona and some other states, there is an industry of professional fiduciaries. Some have legal backgrounds, some social service or financial backgrounds. One of…

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Choosing your fiduciary

Choosing Your Fiduciary

One of the most difficult tasks connected with your estate plan is too easily overlooked. Choosing your fiduciary should be more than just naming your oldest child, or all of your children. Being a fiduciary is actually hard work. You should pay attention to which potential fiduciary is actually up to the task. In last…

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What is a Fiduciary?

What is a Fiduciary?

You may have heard or read the term: fiduciary. But what is a fiduciary? In this podcast episode, we go through some of the kinds of relationships that are included. The term covers at least these: A conservator of a living person’s estate (which can sometimes include someone acting as if they were the conservator,…

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Pets in your estate planning

Include Pets in Your Estate Planning

You’re already thinking about your estate planning. Perhaps it’s time to update your five-year-old will and/or trust. Maybe you’ve never gotten around to taking care of this grown-up task. But in any case: have you dealt with your pets in your estate planning? Many of our clients have strong attachments to their pets. Many assume…

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Explaining third-party special needs trusts

Explaining Third Party Special Needs Trusts

Third-party special needs trusts are complicated to understand. Part of the confusion arises from the similarity of names. Self-settled (or first-party) special needs trusts are very different animals, but the similarity of names adds to the problem. In this podcast episode, we try to demystify some of the issues around third-party special needs trusts. Join…

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How do will contests work

How do Will Contests Work?

How frequent do you think will contests are? If you’re like most people, you almost certainly overestimate the frequency of probate, and only a small portion of those cases involve contested proceedings. It’s difficult to succeed with a will contest. We talk about some of the issues. There are reasons will contests are so rare…

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Supplemental benefits trust

What is a Supplemental Benefits Trust?

We’ve written — and talked — about different types of special needs trusts over the past week. One term that we frequently hear is about “supplemental benefits” trusts. Are they same thing as special needs trusts? Are they even recognized in Arizona? In this week’s podcast, we try to demystify the supplemental benefits trust. Join…

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Different types of special needs trusts

Different Types of Special Needs Trusts

There are different types of special needs trusts. That should not be surprising — but the effect sometimes is. Besides that, the differences can generate plenty of confusion. Host Robert Fleming and guest Elizabeth Noble Rollings Friman, partners in the Tucson elder law firm of Fleming & Curti, PLC, discuss the differences and some of…

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Arizona UTMA Accounts

Arizona UTMA Accounts

In our Elder Law Issues newsletter this week, we described a bankruptcy court case involving a Uniform Transfers to Minors Act (UTMA) account. Arizona has also adopted the uniform law, and Arizona UTMA accounts would likely be treated in the same way. But, more importantly, when would someone want to set up an Arizona UTMA…

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Do it yourself estate planning

Do-It-Yourself Estate Planning

Do you enjoy do-it-yourself projects? How about your estate planning? Can’t you just write your own will? How about online trust forms? And wouldn’t it be cheaper if you just prepared your estate planning documents and then paid a lawyer to review them for you? In this podcast episode, we talk about DIY estate planning.…

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Guardianship and Conservatorship

Guardianship and Conservatorship

Guardianship, conservatorship, power of attorney, living will, surrogate decision-maker — what does it all mean? We talk about guardianship and conservatorship. Join us as we define some of the terms and introduce you to the basics of surrogate decision-making. As always, of course, we are talking about Arizona law. Some of the terms are different…

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