Decedent’s Family Permitted to Challenge Validity of Marriage
OCTOBER 7, 2013 VOLUME 20 NUMBER 38 Though we do not handle divorce cases at Fleming & Curti, PLC, we do find ourselves dealing with divorce, annulment, child support and spousal maintenance issues from time to time. One common question we see involves late-life marriages between a (sometimes) confused senior and a (sometimes, but not […]
Divorce Case Includes Useful Pointers for Elder Law Attorneys
JANUARY 28, 2013 VOLUME 20 NUMBER 4 At Fleming & Curti, PLC, we don’t spend much time reading appellate decisions about divorce, property division and child support. That’s because we don’t practice family law, and there’s plenty to keep up with in our chosen realms of law. But a recent decision from the Arizona Court […]
Divorced, Separated or Filing Soon? Think About Your Estate Plan
JULY 23, 2012 VOLUME 19 NUMBER 28 We’re sorry to hear about your marriage breaking up, and we know you have a lot of other things on your mind. But could we get you to think about your estate plan for a moment? We suspect that in the process of getting divorced or separated, you […]
Lifetime Asset Transfers Voided Based on Agreement to Make Will
MAY 7, 2012 VOLUME 19 NUMBER 18 We have written about contracts to make (or not to revoke) a will before. The question comes up infrequently, and usually only in a handful of ways: can you and your spouse make an enforceable agreement that you will leave your respective estates to, say, your children no […]
How To Revoke Your Revocable Living Trust, Will or Power of Attorney
AUGUST 8, 2011 VOLUME 18 NUMBER 29 Last March we told you a good story about revocation of a living trust, though we cautioned you not to use the same method. A year before that we told you about another colorful character and how he revoked his will. Both of those court cases made us […]
We Invite Your Questions, and Answer a Few
MAY 30, 2011 VOLUME 18 NUMBER 19 Periodically we try to answer some of our readers’ frequent questions, which we enjoy receiving. Some more recent questions and our quick attempts at simple answers follow. Remember, please, that slight variations in fact patterns can lead to different answers; these are intended as illustrations and guidance, not […]
Despite Guardianship, Ward May Have Capacity to Marry
MAY 2, 2011 VOLUME 18 NUMBER 16 We have written in previous installments about differing state laws regarding the ability of a guardian (of the person) or conservator (of the estate) to file a divorce proceeding “for” an incapacitated adult. The question that comes up more often from our clients is a little different, though. […]
Does a Guardian Have the Power to File a Divorce Petition? In Some States, Yes
FEBRUARY 28, 2011 VOLUME 18 NUMBER 7 The issue arises with some regularity. A married couple, perhaps in their second marriage. Adult children. One spouse becomes ill — often, but not always, demented. The other spouse, unable to cope, turns the care of the ill spouse over to one of the children. That child figures […]
Wife’s Opinion Regarding Divorce Controls Despite Her Incapacity
NOVEMBER 1, 2010 VOLUME 17 NUMBER 34 It doesn’t happen often, but it does happen. An elderly couple, with one spouse slipping mentally, contemplates divorce. Perhaps the well spouse is simply unable to cope. Perhaps both are compromised mentally and/or medically. Perhaps there are long-term care issues involved. Perhaps the spouse with mental failings has […]
Late-Life Marriage Leads To Property Dispute in Divorce
MARCH 15, 2010 VOLUME 17, NUMBER 9 Older individuals often get married, of course, and sometimes face legal issues as a result of separation or divorce. The legal problems associated with the end of a late-life marriage are not necessarily different from those faced by younger divorcing couples. A recent Arizona Court of Appeals decision […]
