Home Refinance Can Foul Up Estate Planning
MAY 19, 2014 VOLUME 21 NUMBER 18 When our clients consider creating a revocable living trust, we usually explain that there are several benefits to that estate planning device. Chief among those benefits for most people: avoidance of probate on the death of the client. For married couples, there is usually no probate required on […]
State Court Does Not Control Social Security Payments
MAY 12, 2014 VOLUME 21 NUMBER 17 At Fleming & Curti, PLC, we do not handle divorce cases. From time to time, though, a divorce case raises the same kinds of issues that we see in the guardianship, conservatorship and probate cases we do handle. A recent Arizona Court of Appeals decision is a case […]
Will Contests Must Be Based on Actual Evidence
APRIL 28, 2014 VOLUME 21 NUMBER 16 We have written before about the fact that, despite popular notions, will contests are actually quite rare. We have explained to our readers that mounting a will contest can be an expensive proposition, and that the likelihood of success is usually slight. Those observations remain true today, but […]
Do You Need New Documents When You Travel Outside Arizona?
APRIL 21, 2014 VOLUME 21 NUMBER 15 It is late April, and that means Spring is in full bloom in Tucson. Many of our winter visitors (we call them “snowbirds” but not mockingly or disparagingly — at least most of the time) will be returning to Illinois, Missouri, New York, Wisconsin, or other, cooler climes. […]
Here’s a Project For You: Write Your Own Obituary
APRIL 14, 2014 VOLUME 21 NUMBER 14 I have a new aspiration. I want my obituary to appear (at the appropriate time, of course — not before) in someone’s blog, newsletter, book or other publication as “one of the best obituaries ever” — maybe even to “go viral.” I’m just not sure I can count […]
Do-It-Yourself Will May Not Save Costs After All
APRIL 7, 2014 VOLUME 21 NUMBER 13 From time to time we devote our weekly newsletter to a story about estate planning gone wrong — often (but not always) because of an individual’s decision to forego the help of a lawyer in drafting a will or trust. Lawyers also make mistakes, of course, but they […]
Joint Tenancy with Right of Survivorship, or Community Property?
MARCH 24, 2014 VOLUME 21 NUMBER 12 Which is better? How should we take title to our house? How about our brokerage account? These questions are really common in our practice. The answer is actually pretty straightforward, but we do need to lay a little groundwork. Arizona is a community property state. That means that […]
Tax Tips for Those Caring for a Child with Special Needs
MARCH 17, 2014 VOLUME 21 NUMBER 11 We last wrote about income tax issues associated with providing care and support for relatives two years ago — just before tax filing time. Since we’re just a month away from tax time 2014, it’s a good time to review and update. What’s changed since our 2012 newsletter […]
Same-Sex Married Couples Should Pay Attention to Income Taxes
MARCH 10, 2014 VOLUME 21 NUMBER 10 Income tax filing season is upon us, and so it’s an appropriate time to turn our attention to what’s new (or little-known) in the income tax world. We’re particularly interested, of course, in income tax issues that affect our clients, who usually are more interested in estate and […]
Agent On Power of Attorney is Personally Liable for Legal Fees
MARCH 3, 2014 VOLUME 21 NUMBER 9 Let’s say that Billy signs a power of attorney, naming his friend Joyce as his agent. Later Billy becomes incapacitated, and his agent needs legal advice about her rights and responsibilities. Who will pay for their legal advice? Generally speaking, you are not supposed to have to spend […]
