Top Ten Elder Law Lessons from 2022
At the end of each month, we take stock of elder law news and developments and share them. For the December review, we look less to outside news and commentary and instead think about what we (or others) have learned or wish we (or others) had learned before something unfortunate happened. Here are some lessons […]
Naomi Judd Probably Didn’t Disinherit Ashley & Wynonna
Yet another celeb estate is making headlines. This past week, news outlets shared painful news: Naomi Judd left her famous daughters Ashley and Wynonna out of her will. The problem is, nothing in the reporting suggests that’s the case. Famous singer Naomi, who died by suicide in April, apparently did have an estate plan that […]
Making Lists: A Good Way to Show You Care
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 […]
“Letter of Instruction” Helps Document Your Wishes
When we prepare your estate plan, we try to capture your wishes as thoroughly and precisely as possible. It can be a challenge, though, to cover every variable. You may also have preferences that are hard to capture in the legal language of trusts, wills and powers of attorney. That’s why we encourage clients to […]
Disinheriting a Child Over Politics? Think About a Trust
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 […]
The Final Word? With Wills and Trusts, It’s Never Final
After someone dies, most believe the will or trust is the final word and must be followed. That’s never really true. Often the document can’t be changed. But, if everyone involved can agree, they usually can deviate from the document and divide assets differently. Under Arizona law, a will cannot be reformed or modified, and […]
Remote Witnessing: Zooming Toward Future Will Signings
Covid-19 brought “remote” to lots of our lives — work, school, doctor visits, happy hour. One activity that remains in-person only: witnessing Wills. At least in most of the United States. Across the pond, though, remote witnessing may be catching on. At the end of September, England and Wales will allow Wills to be witnessed […]
The December Round-up: 10 Lessons From 2019
At the end of each month, we like to take stock of elder law news and share new or interesting developments. For the December round-up, we’ve decided to do something a little different: round up the lessons we’ve learned over the past year, inspired by our own practice, cases we’ve read about, and even rumors […]
Who Should Get Copies of Your Will and Trust?
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 […]
If You Don’t Plan for Contingencies, the State Plans for You
If we all had crystal balls that could predict the future, estate planning would be a whole lot easier. We don’t, it’s not — and we’re here to tell you that you need to plan for contingencies. One difficult aspect of planning is considering the various ways the future can unfold. Perhaps the hardest part: […]
