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Tag Archives: Illinois

Grandparents in child custody fight

Judgment Against Grandparents in Child Custody Fight

NewsletterBy Robert FlemingNovember 17, 2019Leave a comment

We sometimes meet with grandparents who are worried about their child’s ability to raise their grandchildren. Sometimes the grandparents are in a child custody fight. Most often they are genuinely concerned about real shortcomings. Occasionally their complaint is really about access being cut off. But last week we read a story about a grandmother and…

Automatic injunction

Automatic Injunction Did Not Prevent Beneficiary Change

NewsletterBy Robert FlemingJanuary 27, 2019

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…

Disclaimer Strategy Leads to Surcharge of Conservator

NewsletterBy Robert FlemingJanuary 28, 2018

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…

Estate Planning is a Process, Not a Binder of Forms

Estate Planning is a Process, Not a Binder of Forms

Newsletter, Tucson Elder LawBy Robert FlemingJanuary 22, 20171 Comment

JANUARY 23, 2017 VOLUME 24 NUMBER 4 There really is no question that it is important for almost every adult to have a will, and to consider signing both financial and health care powers of attorney. That is what we mean by “estate planning,” and it is important to go through the process of preparing…

Two Adult Adoptions Lead to Uncertain Inheritance Outcomes

Newsletter, Tucson Elder LawBy Robert FlemingJanuary 1, 2017

JANUARY 2, 2017 VOLUME 24 NUMBER 1 You probably know that it’s possible — though state laws vary quite a bit — to adopt an adult. But have you given any thought to what effect the adoption might have on inheritance rights? That’s the sort of problem that gets lawyers (and judges) excited. Two recent…

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