Search past newsletters:

February 5, 2017  Want to Make Sure Your Advance Directives Work? Talk to Your Family
January 29, 2017  Estate Tax Portability — What If the Executor Refuses to File?
January 22, 2017  Estate Planning is a Process, Not a Binder of Forms
January 15, 2017  Privacy Concerns Loom Large in Probate Court
January 8, 2017  Why We Do What We Do
January 1, 2017  Two Adult Adoptions Lead to Uncertain Inheritance Outcomes
December 18, 2016  Common-Law Marriage, Divorce and Probate, All In One Case
December 11, 2016  Two Words (“The Individual”) Make a Big Difference
December 4, 2016  Doctor’s Report to California DMV Does Not Violate Privacy Rights
November 20, 2016  Deceased Trustee Not Liable for Punitive Damages in Kansas Case
November 13, 2016  Unreachable Joint Account Makes Applicant Ineligible for Medicaid
November 6, 2016  Durable Powers of Attorney: “Springing” or “Surviving”?
October 30, 2016  Undue Influence and Limited Capacity Do Not Necessarily Justify Conservatorship
October 23, 2016  Challenge to Will Leads to Further Problems for Stepson
October 16, 2016  Arizona Appellate Decision Addresses Interesting Parentage Question
October 9, 2016  Trust Decanting Used to Implement Special Needs Provisions
October 2, 2016  Young Man’s Father Secures Guardianship After Summer Visit
September 25, 2016  Special Needs Trust Pays Substantial Legal Fees in Dispute
September 18, 2016  Public Fiduciary Offices in Arizona
September 11, 2016  When You Might Want to Open an ABLE Act Account
September 5, 2016  Failure of the Imagination in Seven-Decade-Old Trust
August 28, 2016  Trustee Has Duty to Monitor His Lawyer’s Behavior
August 21, 2016  Husband’s Interest in Trust Not Divided in Divorce Proceedings
August 14, 2016  Can a Copy of a Missing Will be Admitted to Probate?
July 31, 2016  Probate Judge’s Unique Guardianship Orders Overturned
July 24, 2016  Maine Guardianship Violates Uniform Jurisdiction Act
July 17, 2016  Estate Planning With Individual Retirement Account Trusts
July 10, 2016  Court Invalidates Will and Trust Naming Lawyer as Beneficiary
July 3, 2016  Subject of Guardianship Allowed to Hire Own Attorney
June 27, 2016  Section 8 Housing Participant Permitted to Receive Special Needs Trust Benefits
June 19, 2016  Concerned Sister Permitted to Intervene in Guardianship Proceeding
June 12, 2016  Court Sets Aside Agent’s Transfers to Self Using Power of Attorney
June 5, 2016  Have You Considered Buying Long-Term Care Insurance?
May 22, 2016  Lawyers Continue Battle After Guardianship Dismissal
May 15, 2016  Notarized Will Fails for Lack of Witnesses
May 8, 2016  “Right of Survivorship” Terminated by Co-Owner Unilaterally
May 1, 2016  Guardianship / Conservatorship Petition Backfires on Son Who Exploited Mother
April 24, 2016  Murder-Suicide Case Leads to Complex Probate Claim Analysis
April 18, 2016  The Difference Between an Heir and a Beneficiary
April 10, 2016  Not Every Confused Senior Needs a Guardian or Conservator
April 3, 2016  Intestate Succession Rules Can Be Tricky to Apply
March 27, 2016  Dispute Between Special Needs Trustee and Beneficiary’s Family
March 20, 2016  You Have a Trust — Now You Need a Beneficiary Designation
March 13, 2016  Changes in Social Security Claiming Strategies Arrive Next Month
March 6, 2016  Your Trust and Ownership of Real Property
February 21, 2016  Dad (Mom), We Need to Talk
February 14, 2016  Conservator Has Authority Over Property In Another State
February 7, 2016  Mediation in Guardianship Proceeding Can Be Effective, But Raises Questions
January 31, 2016  Nursing Home Arbitration Provision Voided in Arizona Case
January 24, 2016  Disappointed Heirs Not Permitted to Make Claim Against Dad’s Lawyers
January 17, 2016  Woman’s Holographic Will Effective Despite State Law
January 10, 2016  “Decanting” of Trust for Medicaid Patient Challenged
January 3, 2016  We Are Creeping Up On a Quarter Century Here
December 27, 2015  Creating Your Trust: Dealing With Specific Assets
December 20, 2015  ABLE Act Update: Arizona Residents Could Have Access Next Month
December 13, 2015  Management of Risk in Guardianship and Powers of Attorney
December 6, 2015  Holiday Gifts for Older Family Members and Friends
November 29, 2015  Court Orders Weekly Visitation for Grandmother of Child
November 22, 2015  Good News: The IRS Simplifies Its Proposed ABLE Act Rules
November 15, 2015  Exploitation of a Vulnerable Adult, or Not? You Judge
November 8, 2015  Weighing Estate Tax “Portability” Against the Bypass Trust
November 1, 2015  Things to Consider When You’re Named as Successor Trustee
October 25, 2015  Quit Claim Deed Was a Mistake, Says Mother
October 18, 2015  Beneficiaries Permitted to Modify Trust Terms by Agreement
October 11, 2015  Handling Your Own Legal Work — Without a Lawyer
October 4, 2015  When You Need to Talk With a Lawyer
September 27, 2015  Not Every Cognitively-Impaired Senior Needs a Conservator
September 20, 2015  Mother’s Gifts to Children Create Dispute Over Special Needs Daughter
September 13, 2015  What Survivor Must Do When Trust Mandates Split on First Death
September 6, 2015  Attorney’s Fees in Probate Proceeding Challenged, Approved
August 23, 2015  Figuring Out What Court Has Jurisdiction Over a Trust
August 16, 2015  Estate Planning in Second-Marriage Situations Can Be Tricky
August 9, 2015  Conservator Properly Appointed for Missing Homeless Man
August 2, 2015  Debit Card for Special Needs Trust Creates Eligibility Problem
July 26, 2015  The “Spendthrift” Trust Explained
July 20, 2015  Getting Ready for Your Appointment With the Lawyer
July 5, 2015  How to Get in Trouble for Your Handling of Your Child’s Money
June 28, 2015  Exercise of a Power of Appointment Should Follow the Document
June 21, 2015  Attorney Representing Incapacitated Adult Ordered to Refund Fees
June 14, 2015  The Myth of the Simple Will
June 7, 2015  Conservator Not Required to Unwind Protected Person’s Estate Plan
May 31, 2015  Trust-Owned Property Is Not Proper Subject of Arizona Beneficiary Deed
May 17, 2015  Is Dispute Inevitable When Two Children are Named as Co-Trustees?
May 9, 2015  Savings and Income at Death Indicate Retirement Shortfall
May 3, 2015  The Patient Self Determination Act and Trends in Advance Directives
April 26, 2015  Why You Aren’t Really Limited to $14,000 in Gifts Each Year
April 19, 2015  Health Care Directives — Advice for Snowbirds and Travelers
April 12, 2015  Managing a Special Needs Trust — The Handbook
April 5, 2015  Income Taxation of Trusts — Not Just Special Needs Trusts
March 22, 2015  Income Taxation of the Third-Party Special Needs Trust
March 16, 2015  Income Taxation of the Self-Settled Special Needs Trust
March 8, 2015  Does Your Existing Trust Split Into Two Shares On a Spouse’s Death?
March 4, 2015  Choosing a Personal Representative for Your Estate
March 1, 2015  Financial Exploitation Case Leads to Judgment, Disinheritance
February 22, 2015  Nursing Home Resident’s Lawyer Did Nothing Wrong
February 15, 2015  Court Rejects Challenge to Living Trust After Settlor’s Death
February 8, 2015  Medicare Savings Programs: QMB, SLMB, QI, QDWI and Extra Help
February 1, 2015  Top Ten Reasons to Skip the Living Trust and Sign a Will Instead
January 25, 2015  Top Ten Reasons You Might Want a Trust, Rather Than Just a Will
January 18, 2015  “No-Contest” Clause in Trust Can Be As Effective As Will Provision
January 11, 2015  New Tax-Related Numbers for 2015
January 4, 2015  Forgot to Make New Year’s Resolutions? We Can Help
December 29, 2014  “Filial Support” Laws and Nursing Home Collections
December 28, 2014  The ABLE Act — How Will You Be Able to Use It?
December 21, 2014  ABLE Act Passes — We’ll Tell You What It Means
December 14, 2014  Assets Not Held As Part of Trust Pass to Different Successors
December 7, 2014  New Florida “Trust Protector” Case Shows How the Idea Can Work
November 23, 2014  New Thanksgiving Tradition to Consider: The Conversation
November 16, 2014  Nursing Home Arbitration Agreement May Not Be Enforceable
November 10, 2014  Medicare Eligibility at 65: What You Need to Know
November 2, 2014  The Developing Law of Trust Decanting
October 26, 2014  Lawyer Has Responsibility to Monitor Conservatorship Administration
October 19, 2014  Even Lawyers Can Have Trouble Recognizing Undue Influence
October 12, 2014  Advice for Trustees: When to Make a Requested Distribution
October 5, 2014  DIY Wills — Another Example Showing Why You Should Hire a Lawyer
September 28, 2014  How Increased Estate Tax Exemptions Affect Existing Trusts
September 21, 2014  Managing Your Digital Assets With an Eye on Mortality
September 14, 2014  Arizona Guardianship and Mental Health Treatment
September 7, 2014  Which is Better: Guardianship or Power of Attorney?
August 31, 2014  What To Do About a Child Who Can’t Handle Money
August 24, 2014  Avoiding Probate — A Good Idea, But Not Always Effective
August 9, 2014  Some More Things You Could Throw Away
August 3, 2014  Some Things You Could Throw Away
July 27, 2014  How to Make Health Care Decisions for Someone Else
July 20, 2014  Does Your Personal Property Belong to Your Living Trust?
July 13, 2014  Is That Your Advance Directive in Your Pocket?
July 6, 2014  Lessons From a Day in Probate Court
June 22, 2014  Trustee Not Personally Liable for Trust Business
June 15, 2014  Inherited IRA Not Protected From Creditors — How To Plan
June 8, 2014  Even With No Estate Tax, Some Tax May Be Due on Inheritance
June 1, 2014  Ward Seeks Court Permission to Marry His Girlfriend
May 25, 2014  Making Your Power of Attorney More Useable — and Useful
May 18, 2014  Home Refinance Can Foul Up Estate Planning
May 11, 2014  State Court Does Not Control Social Security Payments
April 27, 2014  Will Contests Must Be Based on Actual Evidence
April 20, 2014  Do You Need New Documents When You Travel Outside Arizona?
April 13, 2014  Here’s a Project For You: Write Your Own Obituary
April 6, 2014  Do-It-Yourself Will May Not Save Costs After All
March 23, 2014  Joint Tenancy with Right of Survivorship, or Community Property?
March 16, 2014  Tax Tips for Those Caring for a Child with Special Needs
March 9, 2014  Same-Sex Married Couples Should Pay Attention to Income Taxes
March 2, 2014  Agent On Power of Attorney is Personally Liable for Legal Fees
February 23, 2014  The iWill — Might It Be the Future of Probate and Estate Planning?
February 16, 2014  Trust for Surviving Spouse Leads to Dispute With Stepchildren
February 9, 2014  More Definitions for Estate Planning Terms
February 2, 2014  Definitions For Common Estate Planning Terms
January 26, 2014  Exploitation of Vulnerable Senior Leads to Disinheritance
January 19, 2014  Court Annuls Marriage After Death of “Spouse”
January 11, 2014  Determining Which Court Has Jurisdiction Over Your Trust
January 5, 2014  IRA Beneficiary Designation Raises Ambiguity About Intent
December 29, 2013  Child’s Personal Injury Settlement Includes Claim by Parents
December 22, 2013  Reporting Abuse, Neglect or Exploitation of Vulnerable Adults
December 15, 2013  Planning for Retirement: Does the Three-Legged Stool Work?
December 8, 2013  Transfer of Guardianship to New State Should Be Easy
November 24, 2013  Why You Might Want to Create a Trust for Your Kids
November 17, 2013  Can You Change Your Will By Writing On It?
November 10, 2013  Forgetfulness, Dementia and National Awareness Month
November 3, 2013  Can You Disinherit Your Spouse? It Depends
October 27, 2013  Dementia: Facts, Figures and Legal Effects
October 20, 2013  Disinheritance of Adult Child With Disabilities Leads to Lawsuit
October 13, 2013  Why Do I Need a Lawyer — Can’t I Write My Own Will?
October 6, 2013  Decedent’s Family Permitted to Challenge Validity of Marriage
September 29, 2013  The Affordable Care Act and People with Disabilities
September 22, 2013  Taxation of Pooled Special Needs Trusts
September 14, 2013  Pondering Your Power of Attorney
September 8, 2013  Court Reviews Fees Charged by Fiduciary and Attorney
September 1, 2013  This is Huge: Feds Publish New Rules on Gay Marriage
August 25, 2013  Arizona Legislative Changes Effective September 12
August 18, 2013  Custody of Grandchild Requires Court Consideration of Best Interests
August 11, 2013  Simple Estate Planning for a Married Couple
August 4, 2013  Arbitration Clauses in Nursing Home Contracts
July 28, 2013  Tax Issues for Trusts — Simplified
July 26, 2013  Should a Guardian Follow the Wishes of Her Ward?
July 21, 2013  Special Needs Trust Defective Because Arbitrary Rules Not Followed
July 14, 2013  Are You an Organ Donor? Are You Sure?
July 7, 2013  Nursing Home Bills and “the Doctrine of Necessaries”
June 30, 2013  Powers of Appointment and Trust Reformation
June 16, 2013  A Chilling Story of Fraud Targeting an Elderly Victim
June 1, 2013  Privacy and Medical Records: A Few Words About HIPAA
May 26, 2013  Estate Planning Issues For People With Pets
May 19, 2013  Trust Administration Dispute Ends Up Costly for Complainant
May 12, 2013  Court Avoids Deciding Fate of Unnecessary Special Needs Trust
May 5, 2013  Bypass Trusts, Disclaimer Trusts and Portability in Estate Planning
April 28, 2013  Some Questions We’re Being Asked a Lot Lately
April 21, 2013  Court Ruling on Special Needs Trust Does Not Resolve Medicaid Eligibility
April 13, 2013  How To “Fund” Your Revocable Living Trust
April 7, 2013  Upon Death of a Loved One, Some Things to Address
March 31, 2013  Driving, Aging and Dealing With Family Dynamics
March 24, 2013  Special Needs Trusts and the New Medicare Tax
March 17, 2013  Long-Term Care Insurance: A 2013 Update
March 10, 2013  New York Judge Takes Bank, Lawyer to Task Over Special Needs Trust
March 3, 2013  Can a Person with Dementia Sign Legal Documents? (Part 2)
February 24, 2013  Can a Person With Dementia Sign Legal Documents?
February 24, 2013  Book Review: “The Military Guide to Financial Independence and Retirement”
February 24, 2013  “What Color is your Parachute? (For Retirement)”
February 24, 2013  Book Review: “Can I Retire?”
February 17, 2013  Put Your Accounts in Your Daughter’s Name — What Could Go Wrong?
February 10, 2013  Book Review: “How To Retire Happy”
February 10, 2013  Good News for Trustees, Beneficiaries of Special Needs Trusts
February 5, 2013  The Couple’s Retirement Puzzle: 10 Must-Have Conversations for Transition to the Second Half of Life
February 4, 2013  Estate Planning Smarts: A Practical, User-Friendly, Action-Oriented Guide
February 3, 2013  Accounting Requirements for Irrevocable Trusts in Arizona
January 27, 2013  Divorce Case Includes Useful Pointers for Elder Law Attorneys
January 27, 2013  The Joy of Not Working: A Book for the Retired, Unemployed and Overworked
January 20, 2013  Can a Special Needs Trust Pay Credit Card Bills? Security Deposit?
January 13, 2013  Estate Planning in 2013 — Is It Time To Make Changes?
January 6, 2013  Mental Illness and Guardianship in Arizona
December 30, 2012  New Years Resolutions — Feel Free to Borrow One or More
December 16, 2012  Interested In a CCRC? Here Are Some Issues to Consider
December 9, 2012  Beware Of Holiday Scams
December 2, 2012  Lawyer, Acting as Trustee, Challenged for Self-Dealing
November 25, 2012  Mexican Land Trust Is Not a “Trust” to the IRS
November 18, 2012  Gift Tax Limit Will Rise to $14,000 in 2013
November 11, 2012  Step-Children and Disinherited Children Might Have Rights — It Depends
November 4, 2012  The Loft Film Fest — Fleming & Curti Co-Sponsors Two Films
November 4, 2012  I Just Want to Put My Daughter’s Name On My Deed
October 21, 2012  How Much Does It Cost to Get a Guardian and/or Conservator Appointed?
October 14, 2012  What Is “Elder Law”?
October 8, 2012  Driving — Is It In Your Power of Attorney?
October 7, 2012  LLC Interest Not Transferred to Trust During Life, is Subject to Probate
September 30, 2012  “In Terrorem” Provision Does Not Violate Public Policy
September 23, 2012  We Suggest Two Positive Things About Probate — But Not Too Vigorously
September 8, 2012  Is It Important to Avoid Probate? Why, or Why Not?
September 2, 2012  Special Needs Trusts: How Much Trouble Are They to Manage?
August 26, 2012  Claimant Must Prove Undue Influence, Lack of Capacity
August 19, 2012  Is a Contract Not to Revoke Your Will Enforceable? A Good Idea?
August 13, 2012  Disclaimer Ineffective When Signed After Accepting Benefit of Property
August 5, 2012  Not a Policy Wonk or Wannabe? Skip This Week’s Elder Law Issues
July 28, 2012  “Filial Support” Laws: Making Children Pay for Their Parents’ Nursing Home
July 22, 2012  Divorced, Separated or Filing Soon? Think About Your Estate Plan
July 15, 2012  Living Trust Does Not Prevent Court Involvement After Misuse of Funds
July 8, 2012  CMS: Hospice Patients CAN Appeal Their Care Provider’s Decisions
July 1, 2012  Some Persistent Myths About Probate Exploded
June 24, 2012  Arkansas Court Refuses to Allow Trust Modification
June 10, 2012  UTMA Account Is Treated Like a Trust Account
June 2, 2012  Finders Keepers? Losers Weepers?
May 28, 2012  Posthumously Conceived Twins Denied Survivors Benefits
May 20, 2012  Retirement Account Is Community Property But Need Not Be Split Equally
May 13, 2012  Missing Will Presumed Revoked, But Codicil Partially Reinstates It
May 6, 2012  Lifetime Asset Transfers Voided Based on Agreement to Make Will
April 29, 2012  Is a Veterans Administration Benefit Right for You?
April 22, 2012  How To Avoid Probate — And What Doesn’t
April 15, 2012  EINs for Trusts: The Questions Just Keep Pouring In
April 8, 2012  Helping Care for Your Relative Provides Income Tax Benefits
April 1, 2012  “Grandma, it’s me and I need your help.” Don’t Be Fooled By This Scam
March 25, 2012  Tax Identification Numbers for Trusts After Death of Spouse
March 18, 2012  Guardianship May Suggest Lack of Testamentary Capacity
March 11, 2012  Physical Limitations Can Lead to “Vulnerable Adult” Finding
March 4, 2012  “Vexatious Litigant” Title Takes On Real Meaning in Phoenix Case
February 26, 2012  Think Your Family Member Needs a Guardian? Proceed With Caution
February 23, 2012  The Millionaire Next Door: The Surprising Secrets of America’s Wealthy
February 22, 2012  “Reinventing Retirement: 389 Bright Ideas about Family, Friends, Health, What to Do and Where to Live”
February 21, 2012  The AARP Retirement Survival Guide — How to Make Smart Financial Decisions in Good Times and Bad
February 19, 2012  Amending Your Will–Caution: Do Not Try This At Home
February 17, 2012  The Smartest Retirement Book You’ll Ever Read
February 12, 2012  Guardians Control Care Decisions, But Authority Is Not Absolute
February 5, 2012  Book Review – Smart Women Don’t Retire
February 5, 2012  Maine Service Cutback Leaves Disabled Minor Without Program
January 29, 2012  Will Rejected in Illinois but Approved by Indiana Courts
January 15, 2012  Why You Should Not Create a Special Needs Trust
January 8, 2012  Challenge to Three-Year-Old Trust Reformation is Dismissed
January 1, 2012  Court Rule Changes Will Affect AZ Fiduciaries in 2012
December 26, 2011  Ohio Probate Judge Describes Court as “Superior Guardian”
December 18, 2011  Arizona Probate Court Changes Coming in 2012
December 10, 2011  Guardians’ Fees for Advocacy Work Disallowed by Court
December 4, 2011  Probate Judge Sets Visitation Schedule in Minor Guardianship
November 20, 2011  Paternity Testing Allows Unacknowledged Son to Share in Estate
November 13, 2011  Some Thoughts About Guardianship and Conservatorship in Arizona
November 5, 2011  Patient With Dementia May Have Authored Valid Will
October 30, 2011  Lawyer’s Move From Representing Widow to Estate is Problematic
October 23, 2011  Excessive Fee in Special Needs Trust Leads to Lawyer’s Suspension
October 16, 2011  Marital Agreements and Death of One Spouse
October 2, 2011  Principles Governing Third-Party Special Needs Trusts
September 24, 2011  Principles of Self-Settled (“First Party”) Special Needs Trusts
September 20, 2011  Book Review – Protecting Your Parents’ Money
September 18, 2011  Trustees Are “Owners” of Home for Lien Protection Purposes
September 16, 2011  Book Review: “How to Retire Happy, Wild and Free”
September 16, 2011  Book Review: “The Successful Retirement Guide”
September 11, 2011  Remainder Beneficiaries Not Entitled to Trust Beneficiary’s Financial Info
September 4, 2011  In-Home Caretaker Wages Deductible Based on Doctor’s Letter
August 21, 2011  Estate Planning: It Shouldn’t Be About the Lawyers
August 7, 2011  How To Revoke Your Revocable Living Trust, Will or Power of Attorney
July 31, 2011  Court Selection of Conservator Should Have Family Input
July 24, 2011  Appellate Court Upholds Orders in New Jersey/Texas Guardianship
July 17, 2011  The Difference Between Powers of Attorney and Guardianship
July 10, 2011  Petitioner Not Appointed Conservator, Pays Own Attorney
July 4, 2011  Failure to Distribute Estate On Time Leads to Damages Award
June 26, 2011  What Is a Trust Protector? Do You Need One In Your Trust?
June 19, 2011  Decanting: It’s Not Just for Fine Wines Anymore
June 12, 2011  Lawyer Suspended After Representing Wife as Conservator
June 5, 2011  When Is a Living Trust More Appropriate Than a Will?
May 29, 2011  We Invite Your Questions, and Answer a Few
May 15, 2011  Lawyer Suspended for Bad Special Needs Trust Advice
May 8, 2011  If You Were the Probate Judge, What Would You Decide?
May 2, 2011  Updated information re: hoarding
May 1, 2011  Despite Guardianship, Ward May Have Capacity to Marry
April 24, 2011  Arizona Legislature Adopts Probate Changes
April 17, 2011  NAELA, NELF, CELA, ACTEC — What Does It All Mean?
April 9, 2011  Conservator’s Accounting Approved in Contentious Proceeding
April 3, 2011  What Preparation Do I Need For My Son’s 18th Birthday?
March 27, 2011  Consumer Alert: Watch Out for Pitchmen — Come Hear Our Pitch
March 20, 2011  Ohio Lawyer Suspended From Practice Over Mishandling of Guardianship
March 13, 2011  How To Revoke Your Revocable Living Trust. Not.
March 11, 2011  How Should Special Needs Trust Funds Be Invested?
March 6, 2011  Some More of Our Readers’ Questions Answered
February 27, 2011  Does a Guardian Have the Power to File a Divorce Petition? In Some States, Yes
February 27, 2011  “The Dead Have Rights, Too”
February 20, 2011  We Take a Stab at Some Of Our Common Legal Questions
February 7, 2011  Benefits Eligibility Irrelevant in Lawsuit Over Trust Terms
February 6, 2011  Boomers to Inherit $8 Trillion
January 30, 2011  Uniform Transfers to Minors Act Accounts in Arizona: A Primer
January 23, 2011  More on Types of Trusts — Some of the Less Common Varieties
January 16, 2011  Different Types of Trusts for Different Purposes
January 2, 2011  Attorney Disciplined for Advice to Ignore POA Limitations
December 26, 2010  Trustee Is Not Required To Create Special Needs Sub-Trust
December 19, 2010  Estate Tax Reform 2010 — Is It Over Yet?
December 12, 2010  Arizona Court of Appeals Orders Review of Fees in Guardianship
December 5, 2010  Can My Brother’s Special Needs Trust Pay His Property Taxes?
November 21, 2010  Despite the Lawyers’ Best Efforts Heirs May Contest Estate Plan
November 14, 2010  Even With a Will the Probate Court May Need to Interpret
November 7, 2010  Joint Tenancy Does Not Always Mean Equal Ownership
November 2, 2010  Restaurant review — and not even in Tucson
October 31, 2010  Wife’s Opinion Regarding Divorce Controls Despite Her Incapacity
October 24, 2010  “Vest Pocket” Deed Is Valid to Transfer Family Farmland
October 17, 2010  Trust Named as IRA Beneficiary? Here’s How it Works
October 10, 2010  Agents Under Power of Attorney Justify $20 Million in Expenditures
October 3, 2010  How to Leave Your IRA to a Trust — And Why You Might
September 26, 2010  How To Leave An IRA To A Child Who Has a Disability
September 19, 2010  Draft Will Is Almost (But Not Quite) Admitted to Probate
September 12, 2010  Reverse Mortgage Danger Signals
September 5, 2010  What is the Value of a Senior’s Life?
August 22, 2010  Distinguishing Two Kinds of Special Needs Trusts
August 18, 2010  Book Review – Still Alice
August 15, 2010  Conservator May Be Able To Act As Successor Trustee
August 8, 2010  Estate Tax or Death Tax — Who Actually Pays Any?
August 1, 2010  Improving Communication Between You and Your Doctor
July 24, 2010  Reciprocal Wills Enforceable After Death of One Spouse
July 11, 2010  Interstate Guardianship Law Adopted in Arizona
June 28, 2010  Late Request Does Not Prevent Fee Award to Trustee’s Lawyer
June 21, 2010  Home Mortgage Lender Pays Damages in Repair Scheme
June 14, 2010  Trust Created by Spouse Using Power of Attorney is Validated
May 31, 2010  Why Do I Have To Complete That Darned Questionnaire?
May 24, 2010  Estate Taxes, Crystal Balls and What Might Happen This Year
May 16, 2010  “Spendthrift” Trust Protects Against Beneficiary’s Creditors
May 3, 2010  Non-Lawyer Trust Preparation Group Shut Down in Indiana
April 26, 2010  Durable Powers of Attorney Are Important But Dangerous
April 19, 2010  Our Free Seminar Reviews 2010 Law Changes For Estate Plans
April 12, 2010  Support Can Be Awarded After Child’s Majority In Some Cases
April 5, 2010  Deductions for Taxpayers and Families With Special Needs
March 22, 2010  Maryland Medicaid Agency Settles Multi-Million Dollar Lawsuit
March 15, 2010  Late-Life Marriage Leads To Property Dispute in Divorce
March 8, 2010  Attorney’s Position on Ending Guardianship Case Approved
March 1, 2010  Online Video Gives Advice On How to Write Your Living Will
February 22, 2010  In Rare Challenge, Court Finds Revocation of Will Effective
February 15, 2010  DNA Test Might Be Useful To Establish Decedent’s Paternity
February 8, 2010  UTMA Custodian Accountable After Beneficiary’s Majority
January 25, 2010  Simplified Probate Proceeding Valid Even Though Fraudulent
January 11, 2010  Roth IRA Conversion in 2010 More Attractive For Some
January 4, 2010  Montana High Court Approves “Death With Dignity” Request
December 28, 2009  Court Distinguishes Between Undue Influence, Incapacity
December 21, 2009  Video by Exploiters Leads to Witness Tampering Conviction
December 14, 2009  Protecting Clients From Their Own Mistakes Can Be A Challenge
November 30, 2009  What To Do When a Family Member or Loved One Dies
November 23, 2009  Guardian Allowed to Restrict Visitors, Telephone and Mail
November 16, 2009  January Session Will Focus On Paying for Long-Term Care
November 2, 2009  Lawyer Ordered to Return Funds Taken by Conservator
October 26, 2009  Some Medicare Recipients Will See a Rise in 2010 Premiums
October 19, 2009  Dispute Over Family Home Pits Children Against Stepchildren
October 12, 2009  Several Factors Increase Cost Of Conservatorships in Arizona
October 5, 2009  Estate Plan For Benefit Of “Confidential” Wife Upheld
August 24, 2009  Social Security Probably Won’t Have a Cost of Living Increase
August 17, 2009  Do You Need a New Tax ID Number for Your Living Trust?
August 10, 2009  Advice On Making Health Care Decisions For Someone Else
August 3, 2009  Should There Be An In Terrorem Clause in Your Will or Trust?
June 22, 2009  Lawyer Suspended After Filing Guardianship Petition on Client
June 15, 2009  “Joint Control Agreement” Leads to Lawyer’s Liability
June 8, 2009  What Do You Do After Signing Your Trust? Come to Our Class
June 1, 2009  To Our Favorite Estate Planning Client: Please Help Us Help You
April 27, 2009  Guardian Not Personally Liable For Alleged Lack of “Due Care”
April 20, 2009  Some Advice About Selecting Fiduciaries For Your Estate Plan
April 13, 2009  Father’s Body, Moved Once, Need Not Be Moved Yet Again
April 28, 2008  Extra Income for Veterans and Spouses Can Help Pay for Care
April 21, 2008  Court: “Massive Curtailment of Liberty” in Guardianship Cases
April 14, 2008  ‘Til The Cows Come Home—A Parental Exploitation Story
April 7, 2008  Yet Another Reminder: Trusts Must Be “Funded” Properly
April 30, 2007  Government Report Highlights Problems With Older Drivers
April 23, 2007  GAO Report Criticizes Lax Oversight of Nursing Homes
April 16, 2007  Alive and Kicking: New Book Offers Legal Advice to Boomers
April 9, 2007  High-Stakes Guardianship Case Illustrates Multistate Conflicts
April 2, 2007  Personal Services Agreement Upheld As Payment for Value
November 27, 2006  Lawyer Who Drafted Contested Will Sued After Case Settles
November 20, 2006  Medicare Part D Enrollment Period Runs Through Year End
November 13, 2006  Pension Protection Act of 2006 Includes Little-Known Benefits
November 6, 2006  Beneficiary Form in Substantial Compliance With 401(k) Rules
April 24, 2006  Attorney Prepares Will Leaving Client’s Estate to His Daughter
April 17, 2006  Suit Against Bank for Allowing Trust Amendments Dismissed
April 10, 2006  Iowa Allows Medicaid Recovery Against Joint Tenancy Property
April 3, 2006  Arizona Legislature Changes Format For Beneficiary Deed
April 25, 2005  Wrong Advice From Eligibility Worker Leads to Loss of Home
April 18, 2005  Discharge From Nursing Home Must Describe Placement Plans
April 11, 2005  Ward Should Be Allowed To Express Wishes, Hire Counsel
April 4, 2005  What Have We Learned From The Tragedy of Terri Schiavo?
May 31, 2004  Court Strikes Down Ashcroft Directive on Assisted Suicide
May 24, 2004  New Uniform Trust Code Does Not Permit Termination of Trust
May 17, 2004  Court Cases Demonstrate Two Remedies For Elder Abuse
May 10, 2004  Bank Liable for Exploitation By Branch Manager and Assistant
May 3, 2004  Safety For the Older Driver: Is Skills Training the Answer?
April 26, 2004  LPNs Awarded Damages In Wrongful Termination Case
April 19, 2004  Combative Alzheimer’s Patient Not Liable for Injuries to Nurse
April 12, 2004  Probate Fee Dispute Leads to Additional Attorney’s Fees
April 5, 2004  “Full Faith and Credit” Applies In Two-State Probate Actione
March 29, 2004  Power of Attorney Used to Change Insurance Beneficiaries
March 22, 2004  Deceased Beneficiary’s Share of Trust Goes to Her Children
March 15, 2004  Mother Sues Son Over Transfer of Home and Bank Accounts
March 8, 2004  Court Says HHS Secretary Thompson Acted in Bad Faith
March 1, 2004  Fleming & Curti Offers Seminar For “Special Needs” Trustees
February 23, 2004  Pending Insurance Claim Is Not “Available” to ALTCS Applicant
February 16, 2004  Ward Has Burden of Proving That Guardianship Should End
February 9, 2004  Medicaid Beneficiary’s Alimony Payments Allowed to Continue
February 2, 2004  Selection Of Proper Trustee Is Key To Administration Of Trust
January 26, 2004  Fiduciary Duty Not Breached In Limited Conservatorship Case
January 19, 2004  Proponent of Invalid Will Must Pay Attorney’s Fees to Family
January 12, 2004  Arizona Restricts Use of “Self-Settled” Special Needs Trusts
January 5, 2004  Special Needs Trust Can Protect Benefits After Personal Injury
December 29, 2003  Divorce Court Orders Support For Adult Child With Disability
December 22, 2003  CPR Efforts May Have Violated Nursing Home Rights Law
December 15, 2003  Lawyer Loses Her Own Case, Faces Bar Disciplinary Action
December 8, 2003  Appointment of “Next Friend” In Divorce Reversed on Appeal
December 1, 2003  Medicare Changes Will Include Prescription Drug Coverage
November 24, 2003  Malicious Prosecution Case Against Lawyers Dismissed
November 17, 2003  Hospital Gets No Credit For Care Not Paid By Medicare
November 10, 2003  Home Health Agency Declares Bankruptcy, Blames Medicare
November 3, 2003  Special Needs Trust Planning for Children With Disabilities
October 27, 2003  Without “Testamentary Intent” Handwritten Note is Not a Will
October 20, 2003  Probate Court’s Appointment of Agent as Guardian Reversed
October 13, 2003  Agreement Between Spouses Voided Ten Years After Signing
October 6, 2003  Arizona Adopts New Uniform Trust Code Effective Next Year
September 29, 2003  Guardian Not Permitted To Maintain Divorce Proceeding
September 22, 2003  Five Decades After Will Was Written Court Modifies Terms
September 15, 2003  Daughter Who Took Mother’s Money May Owe Nursing Bills
September 8, 2003  Multiple Owners Have Equal Interests In Joint Bank Account
September 1, 2003  Undocumented Aliens Receive Limited Medicaid Benefits
August 23, 2003  Contract Not To Change Will Is Enforceable Against Estate
August 18, 2003  State High Court Strikes Down Grandparent Visitation Law
August 11, 2003  Guardian of Estate Must Pay Personally For Copies of Checks
August 4, 2003  Judge Hearing Conservatorship Matters Is “Ultimate” Authority
July 28, 2003  Massachusetts High Court Limits Wards’ Right to Counsel
July 21, 2003  Patient’s Daughter Has No Claim Against Nursing Home
July 14, 2003  Trust Salesmen Alleged To Have Pushed Seniors Into Annuities
July 7, 2003  Purchase of Life Interest Does Not Gain Medicaid Coverage
June 30, 2003  Medicare Patients Entitled To Receive Investigation Results
June 23, 2003  Wills Usually Are Valid, and Not All Family Influence is “Undue”
June 16, 2003  Joint Tenancy Account May Be Different In Different States
June 9, 2003  Employee’s Name Taken Off State Misappropriation List
June 2, 2003  Attempt to Force Children to Pay Father’s Hospital Bill Fails
May 26, 2003  Beneficiary Change Requires Higher Mental Capacity Level
May 19, 2003  Probate Court May Bypass Ward’s Choice Of Conservator
May 12, 2003  New York Lawyer Disbarred For Financially Exploiting Seniors
May 5, 2003  Victim Does Not Inherit Killer’s Property in Murder-Suicide Case
April 28, 2003  Two Life Insurance Beneficiary Designations Require Litigation
April 21, 2003  Two Lawyers Suspended For Including Themselves in Wills
April 14, 2003  State High Court Counts Husband’s Trust As Available Resource
April 7, 2003  Powers of Attorney: Draft With Care and Use as Instructed
March 31, 2003  Contingency Fee Agreement Permitted Only If Fee Is Reasonable
March 24, 2003  Dealing With the Older Driver: Driving Skills Assessments
March 17, 2003  Older Drivers and State Laws: A Few Things to Consider
March 10, 2003  Medicaid Eligibility Choices May Require Expert Advice
March 3, 2003  Purchase of Life Estate Does Not Gain Medicaid Eligibility
February 24, 2003  “Common-Law” Marriage Is Recognized In Some States
February 17, 2003  Son Disinherited Because of Felony Despite Expungement
February 10, 2003  Administrator’s Sentence For Medicare Fraud Not Reduced
February 3, 2003  Attorney Managing Estate Sued For Malicious Prosecution
January 27, 2003  State Must Formally Adopt Its Medicaid Estate Recovery Rules
January 20, 2003  Court Looks To Exact Words Of Trust To Settle Trustee Dispute
January 13, 2003  Adoption By Grandparents Set Aside Years Later As Fraudulent
January 6, 2003  Claim Against Estate Offset By Tobacco Company Litigation
December 30, 2002  Wrongful Death Claim Not Available to Decedent’s Estate
December 23, 2002  Juvenile Court Appointment of Guardian Ad Litem Reversed
December 16, 2002  Bankruptcy Court Discharges Trustee’s Liability for Breach
December 9, 2002  Fund Earmarked For Nursing Homes Frozen In Budget Crisis
December 2, 2002  Lawyer Never Met With Client, and Will He Prepared Is Invalid
November 25, 2002  Beneficiary of Unsigned Will Not Permitted to Sue Attorney
November 18, 2002  Promise Made To Companion Enforceable Against Estate
November 11, 2002  Medicaid Entitled to Recover From Pain and Suffering Claim
November 4, 2002  Property Owned In Living Trust Is Not Affected By New Will
October 28, 2002  Claim Against UTMA Custodian For Taking Funds Filed Too Late
October 21, 2002  Dealing With Impaired Driving Skills In Aging Family Members
October 14, 2002  Death of Husband Ends Wife’s Right To Spousal Maintenance
October 7, 2002  What Can Be Done About Driving Skills As We Age?
September 30, 2002  Two California Cases Illustrate Types of Elder Abuse, Neglect
September 23, 2002  Federal Court Approves State’s Medicaid Drug Savings Plan
September 16, 2002  Niece’s Will Contest Dismissed Because She Lacked Standing
September 9, 2002  Unsigned Will Invalid Despite Clear Intentions of Decedent
September 2, 2002  Failure to Claim Share of Estate Results In Medicaid Ineligibility
August 26, 2002  Bank May Be Liable For Loss Caused By Fiduciary Breach
August 19, 2002  Nursing Home Fined $320,000 Over Care of Ventilator Patients
August 12, 2002  $1.3 Million Award Upheld Against Nursing Home Doctor
August 5, 2002  State High Court Allows Gift of Home Using Power of Attorney
July 29, 2002  Court Denies Guardianship Petition Based on Power of Attorney
July 22, 2002  Payments In Annulment Case End With Death of Ex-Husband

Archives by Subject:

©2021 Fleming & Curti, PLC