Sometimes people want to leave their husband or wife completely out of their estate plan. But can you disinherit your spouse? Last week we talked about disinheriting family members generally. Not that we’re in favor of it — in fact, few of our clients want to completely disinherit children or other close family members. But…
Can you disinherit a family member? Do you have to leave something to children, spouses and other close relatives? Last week, in our Elder Law Issues newsletter, we wrote about disinheriting a child. Particularly, we addressed the increasingly common request we see from clients: what if I don’t approve of my child’s politics, or lifestyle?…
We, like you, had begun to wonder if 2020 would ever end. But it did! Happy New Year, 2021! We learned a lot in the past year. From client needs to trust administration challenges to office management — there was a lot to absorb. On top of that, we moved into new office space (and…
If you are trustee of an Arizona trust, you must provide information to “qualified beneficiaries” of the trust. But who are those people? If you join us for this week’s podcast episode, we’ll help you understand the legal phrase, its meaning and effect. We hope that helps you figure out how to discharge your legal…
There are trust reporting requirements for every trustee. Those requirements vary depending on the circumstances, though. Is the trust revocable or irrevocable? Who are the current beneficiaries? What happens to the trust after the death of current beneficiaries (or, perhaps, the passage of time)? As we discuss in this podcast episode, Arizona’s trust reporting requirements…
You have a long pattern of making gifts — to your children, to other family members, and to charities. Do you want to continue to make those gifts after incapacity? You need to make your intentions clear now, while you are still able to express those wishes. Perhaps you are managing someone else’s affairs. Maybe…
We’re already in December! That means (among other things) that it’s time to consider your end-of-year gifts. You already know that you are limited to making gifts of $15,000, right? Wrong! There is no such limit, as we explain in this week’s podcast episode. The “limit” is just on gifts that escape any reporting requirement…
Addiction and mental health issues in the family — these two problems confront many of our clients. In this week’s podcast episode, we talk about some of the planning concerns facing clients with family members who are not able to manage their own care or finances. That often (but not always) means that clients create…
Are you moving to Arizona? Welcome to the desert! Yes, it’s warm here — but it’s a dry heat. Even if you completed your estate plan before moving, you’ll want to revisit it here. Your existing estate plan won’t be invalidated because of your move, but there are a number of things we do differently.…
Clients sometimes tell us: “I hate my trust.” What they usually mean, of course, is that they don’t understand it. Or perhaps they think they paid too much to set it up. Sometimes clients believe they no longer need a trust. So should they revoke the trust and start over? Usually the answer is “no.”…
Everyone knows that it’s important to arrange your estate to avoid probate. Is everyone (always) right? In other words: is probate bad? In every circumstance? Join us for our weekly “Elder Law Issues” podcast episode while we discuss the bad things about probate. Spoiler alert: we’re not going to tell you that it’s a good thing…
It’s election season. Maybe you already knew that. Actually, by the time you hear this podcast episode you’ll likely know how things turned out. We didn’t know when we recorded, but we did know how we would adapt. The bottom line: we know the election will have a big effect on us (individually and collectively)…
Clients often wonder: should they tell their family about their assets and estate plan? A family wealth discussion can be a tense experience or a joyous occasion. Of course, they can also be everything in between. To be clear, there’s no legal reason you have to explain your estate plan or disclose your wealth to…
Cybersecurity is an important concern for businesses — and for individuals. In this week’s podcast episode, we talk about a recent brush with a hacking exploit in our office. Our office — and our client information — remained safe. We did not lose any data or operability. But still, it was a difficult, challenging —…
We all know the cliches about elderly drivers. As we age many of us experience diminished function. It may be vision, hearing, response time or even cognitive ability. The aging driver can be a concern for family members and the community. This week our podcast episode deals with the elderly driver and how to plan…
Sometimes the authority to make health care decisions for another person does not work out. It can especially founder on a common limitation: it might not include mental health powers. Without authority over mental health decisions, the agent, guardian or family member may be unable to arrange for sufficient care. Arizona law distinguishes between making…
We have written and talked before about pets and the elderly client in our office. But most of that discussion has focused on how to make plans for your pets after your inevitable demise. What about taking care of pets — and having them help take care of you — as you age? As we…
It will come as no surprise that there is an election in November, 2020. Depending on the outcome, there might be significant changes in estate, gift and generation-skipping taxes as soon as next year. Are there things that you need to consider in your planning for 2021? Yes, there are some. Mostly, though, the planning…
Time for your next podcast class: Trust Funding 201. You signed your living trust (and related documents). Good. You’re halfway done. The rest of the job: transferring assets to the trust. In last week’s podcast we focused on some of the basic funding issues, in what we called Trust Funding 101. This week we offer…
It can be challenging to figure out how to title assets after you have created a revocable living trust. We’re calling this initial review Trust Funding 101. We discuss some of the common titling issues. In a later episode (Trust Funding 201) we will cover some of the more complicated trust funding issues. That’s when…
The “community property” rules sometimes confuse or alarm lawyers from states that apply the “common-law” property rules. Arizona community property is not really that complicated, but it can be foreign to estate planning practitioners from other states. In this podcast episode, we try to simplify some of the Arizona community property rules. They seem second…
We often consult with blended families about their estate planning. Those families — sometimes with “yours, mine and our” kids, or disparate young-adult backgrounds — can pose special concerns for us to work through. How common are concerns? The U.S. Census Bureau reports that 1,300 new step-families are formed every day. More than half of…
There is a lot of social and familial pressure for most people to leave the bulk of their estate to their children. Sometimes, though, we deal with planning with childless clients. How are they different? In this podcast episode we talk about estate planning with our childless clients. Their planning might pose different concerns, like:…
Last week we discussed record keeping for conservatorship matters. The rules are similar, but somewhat different, for trust and probate record keeping. Generally, accounting requirements for trusts and probate proceedings are somewhat easier to handle (at least in Arizona). But simpler accounting does not necessarily mean that record keeping is simpler. A trustee or a…
Conservatorship record keeping must be precise and detailed. Conservators are responsible to the court that appointed them. Courts — at least in Arizona — pay close attention to conservators’ accounts. We have discussed the court involvement in conservatorships before. And it’s important to note that even the term “conservator” can have different meanings in other…
Arizona has recently become one of America’s hotspots for COVID-19. We are all worried about what will happen next. At Fleming & Curti, PLC, we don’t have any crystal ball. But in this coronavirus update, we tell you what we’re experiencing in our office, what steps we have taken to protect you (and us), and…
To our delight, a national expert visited us in Tucson recently. Our New York friend Lawrence Davidow explains the SECURE Act in a an Elder Law Issues podcast discussion. We have talked about the SECURE Act before (back in February, before the whole world changed). But we weren’t going to pass up a chance to…
New York Medicaid rules don’t ordinarily concern us at Fleming & Curti, PLC. After all, we are a Tucson elder law attorney firm. We don’t practice in New York at all. But when we have an opportunity to discuss state-to-state differences with one of the leading elder law practitioners in the nation, we take it.…
Leading New York elder law attorney Lawrence Davidow was recently in Tucson visiting a friend. We talked him into joining us for a discussion about elder law. Our question: how does the practice of elder law in his home state differ from our Arizona experience? Lawrence left New York just as their coronavirus cases began…
Must administrators prepare formal inventories in probate and trust administration? Does every case require employment of a professional appraiser? Is an inventory public, so that anyone can know what was left to whom? How about beneficiaries, or family members who were left out of the will or trust? In this podcast episode, we discuss the…
Everyone knows that it’s important to avoid probate, right? But what is probate, anyway? Is probate expensive, time consuming and invasive? Well, it certainly can be — but most often it’s not very complicated and easy to handle. And also, most often it is easy to avoid. Last week we discussed probate avoidance. This week…
Avoiding probate: most of our estate planning clients are already sure that’s important. But how can you avoid probate? And is it important? What (if any) problems might develop? In this week’s regular podcast episode, we talk about avoiding probate in Arizona. We explain beneficiary designations, Arizona’s beneficiary deed option, and some of the other…
Tom Curti has a lot of practice memories. Tom retired from Fleming & Curti, PLC — and the practice of law — last summer. He had a 43-year career in the practice. More than half of that was at Fleming & Curti, PLC, but that is not all he did in those years. Recently Tom…
We’re still doing estate planning in the pandemic. In this podcast episode, we discuss the kinds of issues clients are asking about, and what steps we encourage people to take. What is the single most important document for you to get in order now? (Spoiler alert: we think it’s your health care power of attorney.)…
Tom’s retirement. What does an estate planning lawyer learn from advising others about his own retirement planning? Tom Curti, founding partner of Fleming & Curti, PLC, retired just one year ago. At the time Tom was a 44-year lawyer. The Fleming & Curti partnership had been in place for more than a quarter century. For…
You completed your estate planning, signing a will, and maybe even a trust. At the same time you signed a durable financial power of attorney, and a health care power of attorney. You planned for the possibility that you become incapacitated or die. But what happens about agents who become incapable of handling your affairs…
Wait a minute — marijuana is illegal, isn’t it? Why would it factor into your estate plan? Join us for an engaging podcast discussion with our friend Gerry Beyer. Professor Beyer teaches law at the Texas Tech University College of Law. He is a national authority on a number of topics — but especially on,…
You already understand the importance of signing a durable financial power of attorney. You know that you need advance health care directives, including a health care power of attorney. But have you thought about the importance of selecting your agents and alternate agents? How many agents should you name on your powers of attorney? Should…
We occasionally get asked about “gun trusts.” Does everyone who owns a firearm need to think about setting up a gun trust? Or is this something only gun dealers need to worry about? For most casual firearm owners, there’s no need to worry about a separate trust to handle guns. But join us for our…
Springing vs. surviving durable financial powers of attorney: what’s the difference? Which is better? A “springing” power of attorney becomes effective only when the signer becomes incapacitated — lawyers talk about it “springing” into existence. A “surviving” power is immediately effective, and survives even if the signer later becomes incapacitated. Which do you prefer? Join…
We’re lucky to count Prof. Gerry Beyer among our good friends. He’s the Governor Preston E. Smith Regents Professor of Law at Texas Tech University College of Law. You can imagine that his business cards must be larger than usual — and that’s before he even gets to his academic credentials, accolades and identifiers. Prof.…
Everyone wants a “simple” estate plan. But many have complicated notions about distribution of assets. We want to help you simplify your estate plan. We see many clients with fixed ideas about which assets should go to which beneficiaries. Do you have four children? Well, couldn’t you just open four accounts at different financial institutions…
Arizona is one of the forward-thinking states authorizing some sort of electronic signing of wills. So what is the status of electronic wills in the era of coronavirus concerns? Turns out it’s not yet ready for the real world. Arizona (and most of the other states at the forefront) still requires witnesses to be physically…
Like you, we are trying to stay ahead of the developing pandemic. As we explain in this COVID-19 update, we want to continue to provide services to our clients, trust beneficiaries and wards. Some of those services are essential; all of them are important. At the same time, we do not want to put anyone…
When should your trust include spendthrift trust provisions? Are they only for spendthrifts, or only for “special needs” beneficiaries? In this podcast episode, Tucson elder law attorneys Robert B. Fleming and Elizabeth Noble Rollings Friman discuss limitations on trust distributions. Bottom line: spendthrift trust provisions are useful for all sorts of trust beneficiaries. They are…
Public and private offices all across the country are responding to the COVID-19 pandemic. Law offices are no different. But at Fleming & Curti, PLC, we are a little bit different. We have some additional considerations to cope with in deciding how to respond. Our weekly newsletters have addressed what we think clients ought to…
One of the most challenging jobs for a successor trustee or personal representative of an estate: dividing personal property among the beneficiaries or heirs. If you’re in charge of administering an estate, how do you decide which of your siblings gets the silver, who gets the antique furniture, and how you’re going to handle thousands…
Suppose you have been named as trustee of your parents’ trust, or as personal representative (executor) of your last surviving parent’s estate. You wonder: What do I do with my parent’s house? Do you sell it immediately, as is? Or can you sell it to one of your siblings? Can you buy it from the…
At the bottom of each of our newsletter and podcast entries online, we ask a survey question. The current one asks what happens if an Arizona resident dies without a will. We offer five options; we were surprised that less than 1/3 of our readers got the answer right. Our survey says … that there’s…
Is this your first visit to our office? Relax. We’re looking forward to meeting you. We mean that — we want to get to know you. What are your interests, what you dislike, and what’s important to you — those are what we are looking for. We don’t assign grades to new client visits. But…
We’re actually packing up boxes, setting up desks and moving phones and computers. Our new office address: 1745 E. River Rd, Suite 101, Tucson, AZ 85718. We’ve been updating our readers about the impending relocation of Fleming & Curti, PLC, law offices. The new space in the Joesler Village complex at the intersection of River…
You may have read about the SECURE Act, which passed Congress as part of its December, 2019, budget bill. We’ve written about it in our newsletter (more than once, in fact). Many of our clients are still having a hard time figuring out exactly what it means. The new law is confusing — and significantly…
At Fleming & Curti, PLC, we sometimes act as trustee, personal representative, agent under a power of attorney, or conservator. We charge a fee for those roles, of course. Anyone considering us should understand how we set our fiduciary fees. In this podcast episode, we talk about our fiduciary fees and how we determine an…
Many public benefits programs are “means-tested.” But what does that mean? Some programs are based on participation in an insurance model. Those include Social Security retirement benefits, Social Security disability benefits, and even survivor’s and children’s benefits. Medicare eligibility is also based on participation in the program (through employment and withholding or quarterly estimated payments).…
Adult children with disabilities may live at home with parents, or in group home or other settings. In many cases, their aging parents are key to their care, supervision and welfare. What do those aging parents need to think about to help prepare their children for the inevitable? Obviously, they need to take appropriate estate…
Do you wish you could get the relationship between taxes and trusts explained? We’re here to help. There are a number situations in which taxation of trusts can be confusing: You set up a revocable living trust. Do you have to file a tax return? Your trust became irrevocable — perhaps because of the death…
Have you figured out what to do about your passwords in your estate planning? We have some thoughts, but it is admittedly a difficult problem. Do you make a list of passwords? How do you keep that list secure? How often do you update the list? Can you just have your computer remember all the…
We are moving! Our office has, for the past quarter century, been in a lovely old craftsman-style home in downtown Tucson, Arizona. In February, 2020, we’ll relocate to the River/Campbell area, in the Joesler Village complex. We hope you’ll get a chance to see our new space. In the meantime, if you’ve ever visited our…
Every year we make New Year’s resolutions. By February we realize we’re not going to keep them. It’s hard for us to argue that you should make your own resolutions. But we do have a suggestion for you, related to your estate planning. Not “you should get in here to sign a new will” or…
When someone acts as fiduciary — as trustee, personal representative, conservator or agent under a durable power of attorney, they might want to charge for their work. How do they set their fiduciary fees, and what are the rules? In this podcast episode, we discuss fiduciary fees, and what you might reasonably expect. Necessarily we…
When we meet with a new client, we ask a lot of nosy questions. You can guess why we are so invasive, but we do want to assure you that it is more than just prurience or idle curiosity. We really do need to know about family dynamics, capabilities of your family members (or limitations),…
Are living trusts oversold? That is, do you need a trust? This basic estate planning discussion is the one we probably get asked about most often by our clients. There is much mystique about the need for and utility of revocable living trusts. Are there people who should not create one? Are there others who…
When do you need to do your special needs planning? Do you have a child who receives Supplemental Security Insurance (SSI) or Medicaid benefits? If so, you need to get working on your special needs planning. Is there someone in your family (a grandchild, a niece or nephew) receiving such benefits? You need to think…
Want to simplify the administration of your estate? Give everything away! In this week’s podcast, we discuss gifts and gift agreements you might consider. Is it really a good idea to give everything away before you die? Probably not, for most people. But giving away some things might benefit the recipient and allow you to…
When you sign a trust, you probably have a vision of how the trustee will operate. Will they continue to utilize your trusted advisors? Liquidate all your carefully-selected assets? Understand your intentions regarding distributions to your beneficiaries? You might place restrictions on your trustee to make sure they behave in accordance with your vision. Much…
In this online, digital age, do you still need to keep original documents in a secure place? Yes — though (at least in Arizona) loss of some originals — especially your trust and powers of attorney — may not be a huge problem. Join us for a discussion about which original estate planning documents you…
Medicare is a great health-care program for its participants. Most Medicare beneficiaries prefer its coverage to what they might get under Medicaid. But what about people who can’t afford the premiums for Medicare Part B (and Part D), the co-payments and the deductibles. For them, QMB and SLMB and QI might offer help. But what…
From the client’s perspective, the initial estate planning interview might seem unsettling, confusing — even a little bit frightening. How often, after all, do you settle in for a long discussion about mortality, disability and family dynamics? Our job (well, one of our jobs) is to make the interview helpful, productive and even relaxing. When…
The initial client interview with your new lawyer can be a daunting experience. We are not actually very intimidating, but clients often feel a little overwhelmed by that first interview. We’d like to put you at ease. Want to know what we’re looking for in the interview? We want to get to know you a…
Good for you! You signed your will and powers of attorney! Maybe you even finalized your living trust, and transferred all (or most) of your assets into the trust’s name. You’re done, right? You never have to update your estate plan again, right? Wrong. Of course. But how soon do we want to see you…
We are SO pleased to announce that Jacque Mingle, partner here at Fleming & Curti, PLC, just learned that she has been certified as a specialist in Estate and Trust law by the State Bar of Arizona. We’re very happy for and proud of her. Join us for this podcast episode to hear Jacque explain…
Here’s an important part of your estate plan that you may not know about: personal property lists. In Arizona (and a number of other states — talk to your local attorney) your will can make specific reference to a list of personal property items and who should receive them. It’s a great device to handle…
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…
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…
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…
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…
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,…
Everyone seems to know about gifts and gift tax rules. The thing is, “everyone” tends to be wrong. In this podcast episode, we explain the basics of gifts and gift tax liability. Do you think that there is a rule limiting how much money or property you can give away? There isn’t. Do you think…
Perhaps you have created a revocable living trust. Likely, you have named yourself as trustee, with a carefully-selected successor trustee. But should you consider having your living trust include co-trustees? Maybe you already have co-trustees — you and your spouse, perhaps. Then the question is slightly different: should you “promote” your successor trustee to serve…
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…
Third-party SNTs (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 SNTs. Join us…
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…
A close family member has died, and you are in charge of administering personal property of the estate. How do you handle the challenge? If your family member left a will, it might give you some direction. Many wills (in Arizona, at least) take advantage of the ability to make a list of personal items…
Your personal property is just, well, property. That means that if your will says (paraphrasing) “I leave all my stuff to my mother” that will include those personal effects. But consider what will actually happen to your furniture, your Moon Audio setup, even your car. And what about family antiques and your personal collectibles? Technically,…
Your estate plan usually includes a will, a health care power of attorney and a financial power of attorney. It might also include at least one trust — perhaps more if you have a child with special needs, or a complicated financial situation. Which is your most important document? You might also have partnership agreements,…
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…
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…
In earlier podcasts, we have discussed why you might want to create an irrevocable estate plan, and how you might go about it. This time our focus is different: can you modify your irrevocable estate plan? Perhaps you and your first spouse set up a plan a decade or two ago, shortly before your spouse…
You might want to make your estate plan irrevocable. Why? We discussed that in last week’s podcast. It might be because you want to make sure your spouse can’t change things after your death. Perhaps you don’t trust yourself not to be swayed by hopeful relatives or acquaintances. But for this podcast episode, let’s discuss…
Our clients often ask about making their estate plans irrevocable. Before we describe steps we might recommend, we want to understand why you think it’s important. In this podcast session, we discuss the reasons clients tell us they want an irrevocable estate plan. Later, we’ll talk about some of the choices we typically present to…
Suppose you have been appointed as your mother’s guardian in the Arizona courts. Now you (and your mother) will be moving to another state. Is there such a thing as an interstate guardianship? Can you transfer your Arizona guardianship to the new state? Conversely, suppose that you have been appointed as your adult son’s guardian…
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…
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.…
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…
For your estate planning to work, you need to coordinate your beneficiary designations. Did you name the right beneficiaries on your life insurance, your IRAs and retirement plans, and your bank and brokerage accounts? Did you know that you can also name beneficiaries for your real estate (at least in Arizona) and your vehicles? Beneficiary…
Elizabeth Noble Rollings Friman and Jacquelyne J. Mingle are now partners in the law firm of Fleming & Curti, PLC. What does that mean for the future of the firm? Will the name change? And what about the possibility that partner Thomas A. Curti might actually be retiring — is there truth to that rumor?…