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 |