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Tag Archives: Trusts

Disinheriting a Child Over Politics? Think About a Trust

NewsletterBy Jacquelyne MingleJanuary 10, 2021Leave a comment

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…

To Protect Beneficiaries, Use Specifically Tailored Trusts

NewsletterBy Jacquelyne MingleJune 14, 2020

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…

Keeping original documents

Keeping Original Documents – What You Need to Keep

podcastsBy Robert FlemingOctober 20, 2019

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…

Personal property lists

Personal Property Lists and Your Will or Trust

podcastsBy Robert FlemingAugust 25, 2019

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 Most Important Document

The Most Important Document In Your Estate Plan

podcastsBy Robert FlemingMay 26, 2019

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,…

Copies of your will and trust

Who Should Get Copies of Your Will and Trust?

NewsletterBy Robert FlemingMay 12, 20191 Comment

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…

Trust protector's powers

Trust Protector’s Power Tested in California Case

NewsletterBy Robert FlemingJune 10, 2018

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…

Intestate

What Happens When Someone Dies Intestate?

NewsletterBy Robert FlemingApril 23, 20174 Comments

VOLUME 24 NUMBER 17 Even with regular prompting, about half of people never get around to completing even basic estate planning. If they never do get a will signed, we lawyers say that they have died “intestate”. But what does that really mean for their loved ones? Note that the information we provide here is…

Share your estate plan

Should You Share Your Estate Plan With Your Family?

NewsletterBy Robert FlemingMarch 19, 2017

VOLUME 24 NUMBER 12 You’ve done the thoughtful estate planning work we urged you to do. You signed your will, your powers of attorney — maybe you even created a living trust. Now what? Do you share your estate plan with your family? There is neither a requirement nor a prohibition — the decision about…

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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