Choosing a Lawyer — a Cautionary Tale
How would you go about choosing a lawyer? The traditional advice is to ask friends, ask lawyers you know and trust for referrals, and check the publicly available ratings systems. Usually — almost always — those approaches work. Sometimes, though, choosing a lawyer can be more difficult. Lawyers know more about their experience, capabilities and […]
Due Process in Guardianship Proceeding
It’s easy to observe that the subject of a guardianship (or conservatorship) petition has a right to “due process” during the court process. But what does that mean? Does it include anything a judge orders? Does it require a court hearing? How will you know if you have been afforded due process before a guardianship […]
Trust Administration Potpourri
Here at Fleming & Curti, PLC, we comb recent case reports and news items looking for a good story to illustrate important legal principles. We are always on the lookout for stories about, for instance, trust administration issues. Sometimes our work is easy; sometimes there just don’t seem to be great recent stories. Perhaps it’s […]
Grandparent Guardianship Order Reversed
We regularly talk with grandparents who are distressed about how their grandchildren are being raised. Wouldn’t it be better, they ask, if the child could live in a stable, loving home? Particularly in those cases where they have been raising their grandchildren for years already? Parents’ rights Our usual answer: not unless both parents agree, […]
In Divorce, Who Gets the IVF Embryos?
It might not seem like much of an elder law question at first glance. But among the legal issues posed by advances in technology are those related to heirship, parentage — and ownership of in vitro fertilization (IVF) products. The law has been slow to catch up. Mr. and Mrs. Rich get divorced Melissa and […]
“Right of Representation” and “Per Stirpes” in Arizona
You’ve probably seen the terms before. “Right of representation” and “per stirpes” appear frequently in wills and trusts. You probably even have a rough notion of what the terms mean. Perhaps, though, you don’t know that they have an interesting history. You might also be surprised by what the terms actually mean — at least […]
Moving a Guardianship or Conservatorship to Another State
Three years ago, when your daughter turned 18, you consulted us about getting appointed as her guardian. The guardianship has been in place since then, and everything is fine. But now you’re moving to Illinois, and taking her with you. Will you need to do anything about the guardianship? We didn’t really mean Illinois Actually, […]
“No-Contest” Clause in Trust Works Both Ways
After two of the beneficiaries of Ralph Credille’s trust challenged the actions of their brother, the trustee, he argued that they had violated the trust’s no-contest provision. Then he moved to modify the trust. Oops. That made him the no-contest violator.
Trust Modification After Beneficiary’s Disability
A recent Alabama court case addressed trust modification after a beneficiary’s serious injury. The lesson learned: a trustee must act quickly.
Veterans’ Aid & Attendance Benefit Modified
Significant changes in eligibility for Veterans Aid & Attendance benefits become effective on October 18, 2018. What are the changes, and how are you affected?
