Special Needs Trust Terminated When Beneficiary Moved
What happens to a special needs trust when the beneficiary moves to a new state? Will the trust continue, or transfer to the control of the new state? One special needs trust beneficiary in Colorado discovered the Centennial State’s odd rule: a special needs trust is terminated when the beneficiary moves. Parker Wilson’s story Young […]
Court Investigator Required Before Appointment of Guardian
Non-lawyers often assume that courts regularly appoint guardians from a list of people or agencies they have dealt with before. In fact, the people involved almost always choose the guardian, rather than the judge herself. Many states (including Arizona) do have a method for vetting a potential guardian, though. The role may be named something […]
Attorney-Client Privilege Survives Client’s Death, But….
Most people have at least a vague understanding of the attorney-client privilege. In most circumstances, what you say to your lawyer is private. Your communications are confidential, and your lawyer may not share them. What happens after you die? Even after your death, your lawyer may not share your communications. But that does lead to […]
In Divorce, Who Gets the IVF Embryos?
It might not seem like much of an elder law question at first glance. But among the legal issues posed by advances in technology are those related to heirship, parentage — and ownership of in vitro fertilization (IVF) products. The law has been slow to catch up. Mr. and Mrs. Rich get divorced Melissa and […]
Disclaimer Strategy Leads to Surcharge of Conservator
Disclaimer is an important tool in the estate planning toolbox. After an individual’s death, they obviously can’t fix any estate planning mistakes. Sometimes a disclaimer will allow the decedent’s intentions to be carried out. But there are problems with disclaimers. It is important to figure out how to use the strategy fairly and effectively. Joanne […]
Intestate Succession Rules Can Be Tricky to Apply
APRIL 4, 2016 VOLUME 23 NUMBER 13 March was “Write-a-Will” month (sometimes referred to as “Why a Will” month). Though we’ve never understood the difference, August will be “Make a Will” month again this and every year. In the United Kingdom, every March and October are “Free Wills” months. Or is it April?Or is that […]
Disappointed Heirs Not Permitted to Make Claim Against Dad’s Lawyers
JANUARY 25, 2016 VOLUME 23 NUMBER 4 Like a lot of Americans, Fred Brown (though that’s not his real name) had a complicated family life. He had been married twice, and had two daughters — Martha and Sally — from his first marriage. He was still married to Barbara, and she had two children from […]
Arizona Legislature Changes Format For Beneficiary Deed
APRIL 3, 2006 VOLUME 13, NUMBER 40 Five years ago the Arizona Legislature adopted an interesting new law. Modeled on a similar law in Missouri, the “beneficiary deed” statute permitted property owners to designate who would receive their property on death—much like a “payable on death” bank account. Now the state legislature has revisited beneficiary […]
