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Ex-Husband Must Return Late Wife’s Retirement Savings

Retirement savings

Dividing retirement savings in an Arizona divorce proceeding can result in confusion and inequity. Sometimes the problems don’t appear for years — or even decades. A recent Arizona appellate decision illustrates the importance of paying attention to retirement savings plan details. Sandra Brown’s (brief) marriage In 1992, Sandra S. Brown married John M. Brown. That […]

“Revocation On Divorce” Law Interpreted in Arizona

Revocation on divorce

Suppose a married couple signs wills leaving everything to one another, and naming each other as personal representative of their estate. What happens when they later divorce? In Arizona, our broad “revocation on divorce” law kicks in. The concept is straightforward. After a divorce you probably want to change your estate planning documents. Maybe you […]

Retirement Benefits and Community Property

Retirement benefits and community property

Arizona is one of the nine U.S. states operating under the principles of “community property.” The basic premise of community property: assets acquired during the period of the marriage are presumed to belong to the marital community (and thus to the spouses equally). There are lots of qualifications and exceptions, but one issue crops up […]

Guardianship Judge May Deviate from Divorce Court Custody Order

Divorce court custody order

In a divorce proceeding, the court determines who should have custody (and decision-making authority) over any minor children. When a child subject to such an order reaches majority, the court order usually expires. But when the now-adult child has a disability, either or both parents may seek appointment as guardian. Does the divorce court custody […]

IRA Beneficiary Designation Controls Distribution at Death

IRA beneficiary designation

We’ve written about this issue before. Generally, your IRA beneficiary designation will control who receives your account. Your will (or trust) provisions will not override the beneficiary designation. Arizona’s community property rules won’t have much effect — in fact, they will normally have no effect. It’s all about your IRA beneficiary designation. Of course, people […]

Automatic Injunction Did Not Prevent Beneficiary Change

Automatic injunction

When a married person files for a divorce, Arizona law requires issuance of an automatic injunction. The injunction prevents changes in assets or titles until the divorce is resolved. It maintains the status quo while the legal system kicks into gear. An automatic injunction also issues in other, related kinds of actions. For instance, filing […]

Divorce Decree Modifies Life Insurance Beneficiary Designation

Elder law and estate planning — which is what we practice at Fleming & Curti, PLC — doesn’t usually include divorce and family law issues. Sometimes, though, the two practice areas overlap. As, for instance, when a divorce decree effectively changes an estate plan. ERISA preemption Before we tell you our story this week, we […]

Common-Law Marriage, Divorce and Probate, All In One Case

Common law marriage

DECEMBER 19, 2016 VOLUME 23 NUMBER 47 Here’s a question we hear frequently: how long does a couple have to live together in order to be considered married? The answer in Arizona: until the wedding ceremony. In other words, Arizona does not recognize “common-law” marriages. That strong, direct statement, however, masks a more complicated answer. […]

Husband’s Interest in Trust Not Divided in Divorce Proceedings

AUGUST 22, 2016 VOLUME 23 NUMBER 31 Carl and Debbie (not their real names) were married, and have two children together. After more than a decade together, Carl filed for a divorce in their home state of Massachusetts. In the course of the divorce action, the court was required to divide Carl and Debbie’s assets […]

Court Annuls Marriage After Death of “Spouse”

JANUARY 20, 2014 VOLUME 21 NUMBER 3 Cynthia Madsen (not her real name) was, according to her doctor, already showing signs of dementia in 2007. In fact, her doctor wrote that she was not able to manage her own financial affairs. By mid-2009, her condition had worsened; her doctor wrote that she could not make […]

Robert B. Fleming

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.