October is around the corner, which means it’s time for the September review of elder law news and developments. Of utmost concern: Potential changes to the estate tax. We’ll devote most of our review to the current proposal, even though it’s very far from a done deal. Those who might be affected should think about…
Write it down. For decades, law firms like Fleming & Curti have provided estate planning clients with blank forms for making lists for gifts of personal property. Clients rarely use them, but there are significant benefits to making lists. Lists give your executor (a/k/a personal representative) or trustee a roadmap for distributing the items. In…
We see it often in our practice. A couple prepares their estate plan, including a joint revocable trust. One spouse dies, and eventually the surviving spouse remarries. What is the relationship between remarriage and your trust plan? Michael Berezo Michael Berezo lived in Kirkwood, Missouri. He had married Alene Haskell in 1986; the couple had…
The divisions that lead to the recent attack on the U.S. Capitol are having an effect on estate planning. It’s not surprising that family members have differing political views during this turbulent time. What is surprising: the growing number of clients who are considering disinheriting a child because of it. But disinheritance is extreme. A…
Deciding what your loved ones get – or don’t get – after you are gone can be difficult. It’s even tougher if those to whom you wish to leave your hard-earned assets are not responsible with money or lack values you hold dear. A trust with tailored provisions is a possible solution. Leaving an inheritance…
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…
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…
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,…
You’ve signed your will and powers of attorney. Maybe you’ve even signed a living trust. But now who should get copies of your will and trust? Is the answer different for your powers of attorney? What to do with the original documents First, let’s just say a word about what you should do with the…
We have written before about “trust protectors,” a relatively new concept in American trust law. Because there is not a lot of case law on the subject, the limits of a trust protector’s power (and duty) has not been well-established. Now a new California case fills in a little more detail. Trust protectors — a…