Power of Attorney Did Not Grant Power to Create a Trust
How can someone create a trust? It seems like a trick question. In Arizona, someone can create a trust by signing a trust document, transferring assets, or by making a will with trust provisions. Arizona even permits someone to just declare a trust exists. But can an agent under a power of attorney create a […]
June Developments: Study Says Life Is Good, Eventually
Elder law isn’t exactly the hot legal topic of the moment, but we’ll still share some of the month’s developments anyway. The June review: Aging in America National Geographic and AARP paired up to do a major study of America’s attitudes toward aging. They covered six areas: health, money, happiness, relationships, life stages, and end […]
Modification of a Special Needs Trust
Is modification of a special needs trust possible? Even if the trust is irrevocable, and its terms are clear? The short answer is “yes” — at least in some circumstances. A recent Texas Supreme Court case illuminates the principles. And the story is pretty interesting, to boot. “Dick” Poe was a prominent businessman from El […]
Inheritance Advice: The ‘Times’ Got It Wrong
The New York Times is wrong. In a recent “Social Q’s” column, a reader asked for inheritance advice. The response was off the mark. (For the purposes of this article, we’ll call the questioner “Reader.” And though the column didn’t reveal Reader’s gender, for easy identification, we’ll assume Reader is female.) Reader describes the circumstances: […]
Beneficiary Deed Can Be Challenged For Undue Influence
Can a beneficiary deed challenge be based on alleged undue influence? Yes, in the same way that a will, a trust, or another writing could be challenged. A recent Arizona appellate decision spelled out some of the rules and details. But what is a beneficiary deed? First, a little introduction. Arizona is one of the […]
May Review: Aging, Taxes, and Betty White
It’s almost June, so it’s time to survey elder law news and commentary and share interesting developments. For the May review, we have news about Arizona’s elders, taxes, and Betty White’s estate sale: Challenges of Aging Arizona’s Auditor General issued a scathing report that suggests the Department of Health Services is doing little to protect […]
What About Planning for Your Crypto?
In our recent article about digital assets, we skipped over planning for your crypto. We encouraged getting your digital affairs in order by doing an inventory of all digital accounts so your estate administrators can manage your affairs without additional stress. Crypto requires even more care. The Crypto Basics Cryptocurrency and other “blockchain” assets such […]
The Corporate Transparency Act Is, Well, Opaque
You might not have read much about the Corporate Transparency Act (usually referred to as the CTA). The law, adopted by Congress on January 1, 2021, was part of a much bigger legislative package. Actually, its history is even more interesting than that, and worth mentioning before we describe the CTA and how it might […]
Summer Project: Get Your Digital Life In Order
Need a summer project? We have one for you: Get your digital life in order. An increasingly large part of our everyday lives happens the digital space. The Covid-19 pandemic accelerated our use of digital tools across the board. We use e-mail, apps, social media, and more every day. Plus, more people and institutions are […]
Charitable Gifts and Your Estate Plan
Charitable gifts are important to many of our clients. We encourage charitable inclinations, of course. But how can you make a gift to your favorite charity most efficiently? Lifetime charitable gifts Of course, one way to make a gift is to write a check. It’s direct, it’s immediate — and it’s very much appreciated. Making […]