Attorney Fees for Guardian Approved Over Objection
If you act as guardian or conservator, you know that it can be a challenging job. Sometimes you need legal counsel. If you incur attorney fees, can you charge them to the estate? The general rule is that you can collect your attorney fees from the estate. There are exceptions. If your actions benefit you […]
Disclaimer Strategy Leads to Surcharge of Conservator
Disclaimer is an important tool in the estate planning toolbox. After an individual’s death, they obviously can’t fix any estate planning mistakes. Sometimes a disclaimer will allow the decedent’s intentions to be carried out. But there are problems with disclaimers. It is important to figure out how to use the strategy fairly and effectively. Joanne […]
Federal Tax Cut Law Affects Seniors and Those With Disabilities
The Tax Cut and Jobs Act became law at the very end of 2017, and affects taxes for the current year. Many commentators have dissected how the tax cut law will affect tax rates, and business taxes. That’s not all the Act contains, however. A number of changes will particularly affect our older clients or […]
Assuring Your Burial or Cremation Wishes Are Followed
Do you have specific burial or cremation wishes? Perhaps you have explained those to your family. Maybe you have written them down. You might even have made the arrangements — and paid for them in advance. Will your family — and the funeral provider — follow your wishes? Funeral/burial law varies by state First, we […]
Appointment of “Guardian Ad Litem” Terminated by Court
An Arizona guardianship and conservatorship case involving a Disney heir seems to have stumbled to a conclusion. It took six hotly contentious years and (reportedly) millions of dollars in legal fees. The case involves interesting legal issues and intense family drama. One side issue: the appointment of a “guardian ad litem”. What is a guardian […]
Divorce Decree Modifies Life Insurance Beneficiary Designation
Elder law and estate planning — which is what we practice at Fleming & Curti, PLC — doesn’t usually include divorce and family law issues. Sometimes, though, the two practice areas overlap. As, for instance, when a divorce decree effectively changes an estate plan. ERISA preemption Before we tell you our story this week, we […]
Meaning of “Per Stirpes” Becomes Dispute in Texas Case
Perhaps you have seen the term in a will or trust: “per stirpes”. What does it mean, and what difference does it make? A recent Texas Court of Appeals case addresses the term — and also gives us an opportunity to tell an interesting family story. William Lewis Moody, Jr. For our purposes, the story […]
UTMA Accounts: An Easy Way to Make Gifts to Minors
The holidays are upon us, as is end-of-the-year tax planning. You’re thinking about making a gift to your granddaughter, who is 14. Wouldn’t it be nice if there was a simple way to make a gift to a minor? We have good news for you: let us explain UTMA accounts. You say UGMA, we say […]
Special Needs Trustee Fees Set By Corporate Fee Schedule
Special needs trusts can help provide extra benefits for someone receiving Supplemental Security Income (SSI), Medicaid or (in Arizona) AHCCCS or ALTCS services. Anyone planning to leave money for an individual on public benefits should consider a special needs trust. Keep in mind, though, that there will be trustee fees for any professional serving as […]
Would Arizona Courts Recognize Your “Digital Will”?
There’s a good chance you have used an electronic signature lately. Beyond credit card slips and package receipts, even real estate contracts are digital these days. Can you sign your estate planning documents electronically? Would a “digital will” be valid in Arizona right now? What is a digital will? Before deciding whether a digital will […]