Mother’s Gifts to Children Create Dispute Over Special Needs Daughter
SEPTEMBER 21, 2015 VOLUME 22 NUMBER 34 What plans should you make when you have a child receiving Supplemental Security Income (SSI) or Medicaid benefits? Should you create a special needs trust? Disinherit that child so their benefits won’t be affected? Leave their “share” of your estate to another child or children instead? We get […]
Joint Tenancy with Right of Survivorship, or Community Property?
MARCH 24, 2014 VOLUME 21 NUMBER 12 Which is better? How should we take title to our house? How about our brokerage account? These questions are really common in our practice. The answer is actually pretty straightforward, but we do need to lay a little groundwork. Arizona is a community property state. That means that […]
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 […]
Arizona Community Property Is Not Always Subject To Probate
OCTOBER 9, 2000 VOLUME 8, NUMBER 15 Arizona is one of nine “community property” states in the country, and that can be the source of some confusion about estate planning, taxes and property ownership rights for married couples. Recent changes in Arizona’s law make the “community property” designation a little more friendly and understandable, and […]
Pre-Death Transfers By Two Seniors Invalidated As Frauds
NOVEMBER 24, 1997 VOLUME 5, NUMBER 21 Two recent cases, from the courts of Wisconsin and Tennessee, set aside transfers of property made by seniors prior to their deaths. While the circumstances are different, the two cases illustrate some of the typical motivations for gifts to children, as well as the possible effects of such […]
