CARES Act Payment Doesn’t Affect Benefits or Taxes
This week we heard from a client about his brother’s CARES Act payment: “My brother Dave, who receives SSI and is on AHCCCS, just got his CARES Act check for $1200. Actually, I got it, since I am his representative payee. I am very worried that he might lose his long-term medical care benefits under […]
To Protect Beneficiaries, Use Specifically Tailored Trusts
Deciding what your loved ones get – or don’t get – after you are gone can be difficult. It’s even tougher if those to whom you wish to leave your hard-earned assets are not responsible with money or lack values you hold dear. A trust with tailored provisions is a possible solution. Leaving an inheritance […]
Arizona Court Asserts Jurisdiction Over Texas Trust
Suppose you live in Texas, and you establish a revocable living trust. Your trust document is clear. The trust is a Texas trust, and is “to be governed, construed, and administered” according to Texas laws. Does that mean any challenge by trust beneficiaries must be filed in Texas courts? The Roger McCarty Trust Roger McCarty […]
May Roundup: Anticipating the Unknown
We’re kicking off the new month with a look back at the last one; here’s the May roundup of elder law items: Will Corona Kill the Ultra-High Estate Tax Exemption? We aim to keep this a Coronavirus-free zone, but we can’t help but wonder whether current events will have an effect on estate and gift […]
How to Handle Loans in Your Estate Plan
We hear a similar story from clients all the time. Maybe you have done this: you advanced some money to one of your children, and they are (or are not) making payments on the loan. How do you want to handle loans in estate plan? There are no universal rules First off, let’s get one […]
Leave a Richer Legacy With Ethical Wills
For some of us, a result of the current pandemic has been a stark realization: So much in life means more than money. Money, however, is what estate plans are all about — expressing how you want your assets divided when you die. An estate plan includes very little, if anything, about the rest of […]
Patio Planning — Yours or Ours
At Fleming & Curti, PLC, we’ve been thinking about how we — and our clients — will adjust as the economy reopens. We may see more of our clients face-to-face, but we’ll still want to be very cautious about proper distancing and disinfecting routines. What might that look like in the months to come? One […]
An Almost Covid 19-Free Roundup
At the end of the month, we like to survey the elder law landscape and share interesting developments. It’s a little beyond the end of the longest month that ever was, so it’s time. We aimed to keep this a corona-free zone, but guess what? There are not a lot of other topics out there. […]
Valid Power of Attorney May Avoid Guardianship
Does every incapacitated person qualify to have a guardian appointed? Not necessarily. A valid power of attorney may finesse the need for appointment of a guardian of the person OR a conservator of the estate. Let’s look at a recent case from the courts here in Tucson. George and Suzanne get married Actually, the marriage […]
Want to Help Loved Ones? Know the Rules
We’ve seen the headlines: hundreds of thousands of jobs lost, millions have filed for unemployment, the economy is getting slammed. Chances are, someone you know and love is suffering, too. Considering the wide-spread coronavirus damage, you may want to help ease the pain. If you find that you want to help, there are rules around […]