Different Types of Trusts for Different Purposes
JANUARY 17, 2011 VOLUME 18 NUMBER 2 We frequently are asked to explain the differences between different types of trusts, or to analyze a trust with no more information than its type. Confusion about the differences is widespread, and we hope to provide a little clarity to consideration of trust types. Before we embark, we […]
Attorney Disciplined for Advice to Ignore POA Limitations
JANUARY 3, 2011 VOLUME 18 NUMBER 1 Lawyers, of course, grapple with ethical issues constantly. Elder law attorneys see particular ethical issues recur frequently. Sometimes the lawyer’s eagerness to accomplish the client’s wishes can cloud the lawyer’s ethical judgment. Sometimes the lawyer’s fascination with what might be done can even gallop ahead of the client’s […]
Trustee Is Not Required To Create Special Needs Sub-Trust
DECEMBER 27, 2010 VOLUME 17 NUMBER 40 Kenneth Boyd established a revocable living trust in 2002. He named his daughter Carol Boyd as trustee, and directed that the trust be divided, upon his death, into three shares. One share each was to go to Carol, to Kenneth’s mother Elizabeth Boyd, and to Carol’s son Ben […]
Estate Tax Reform 2010 — Is It Over Yet?
DECEMBER 20, 2010 VOLUME 17 NUMBER 39 The ink is not yet dry on Congress’s tax and unemployment insurance compromise. Signed just last week by President Obama, the Tax Relief, Unemployment Insurance Reauthorization and Job Creation Act of 2010 has now become law. It continues previous income tax breaks for everyone, regardless of wealth. It […]
Arizona Court of Appeals Orders Review of Fees in Guardianship
DECEMBER 13, 2010 VOLUME 17 NUMBER 38 Arizona’s probate court system — and particularly the guardianship and conservatorship arenas — have been embroiled in public controversy for the past year. A series of essays by a prominent Phoenix newspaper columnist has taken the entire system to task over allegations of excessive fees being paid to […]
Can My Brother’s Special Needs Trust Pay His Property Taxes?
DECEMBER 6, 2010 VOLUME 17 NUMBER 37 A client’s question: My brother has a special needs trust, and I am the trustee. He lives in his condo and gets services from AHCCCS and ALTCS. Can the trust pay his property taxes? Interesting question. The answer isn’t as easy or straightforward as it ought to be. […]
Despite the Lawyers’ Best Efforts Heirs May Contest Estate Plan
NOVEMBER 22, 2010 VOLUME 17 NUMBER 36 Our clients usually have similar goals in their estate planning. They want to take care of their children. They may want to leave something to charity. They usually want to minimize taxes that they, their estate or their beneficiaries might have to pay. And they often tell us […]
Even With a Will the Probate Court May Need to Interpret
NOVEMBER 15, 2010 VOLUME 17 NUMBER 36 When we help you plan your estate our goal is to figure out who you would want to be in charge of your finances and personal affairs, who should receive your assets and in what proportion, and what you want done at a future time when you are […]
Joint Tenancy Does Not Always Mean Equal Ownership
NOVEMBER 8, 2010 VOLUME 17 NUMBER 35 Elder law attorneys often see some version of the same story. Parents put child’s name on the deed to their home “just in case.” Dispute between parents and child breaks out when child asserts ownership interest. Sometimes litigation ensues. Child claims that joint ownership of the home means […]
Restaurant review — and not even in Tucson
Just read about an interesting restaurant in Albuquerque. I’m definitely going to check it out next time I’m there. Curious about a restaurant, or for that matter a review, that would get favorable feedback without even having a visit? Check it out at our friend, Nell Graham Sale’s blog at http://www.pbwslaw.com/Blog.aspx.
