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Covid Vaccine: When Deciding for Others, What’s Best?

Across the country, millions of Americans are getting the Covid vaccine. For many, deciding whether to get one is no big deal. (“It’s best for everyone, right?”) For those who are unable to weigh the risks and benefits, someone else has to step in and give consent. That might be a guardian or a health […]

Person Under Guardianship May Retain Right to Visitation

Right to visitation

Imagine that the Arizona probate court has appointed a guardian to handle your health care, placement and other decisions. You want to see your friends and family. Do you have a right to visitation with those you choose? Let’s not bury our lede: yes, generally speaking, you probably can have the contacts you want. There […]

January Review of Elder Law: Potential Tax Changes

January review: Estate sale of Russ Russinoff

It may seem like New Year’s was just yesterday, but February is around the corner. This is the last Monday of the month, which is when we like to survey the elder law landscape and share items of interest from the past month. Now that there has been a shift of power in Washington, the […]

Can’t Find Original Will? That Might Not Be a Problem

Original will

Sometimes our clients misplace their original wills. They often worry whether that will cause a problem. Our usual answer: probably not — but it’s easy to fix. Let’s just redo your will, even if we don’t make any changes. Sometimes, though, the problem comes up after a death. Everyone “knows” where the original will is. […]

Disinheriting a Child Over Politics? Think About a Trust

The divisions that lead to the recent attack on the U.S. Capitol are having an effect on estate planning. It’s not surprising that family members have differing political views during this turbulent time. What is surprising: the growing number of clients who are considering disinheriting a child because of it. But disinheritance is extreme. A […]

Medicaid Reimbursement Claim Must Be Filed in Time

Medicaid reimbursement claim

If a person over age 55 receives long-term care from Medicaid the state may make a claim against their estate. The Medicaid reimbursement claim may seem like a pointless thing. After all, in order to qualify for Medicaid benefits the patient must be impoverished. So why would they have a probate estate anyway? A Medicaid […]

2020 Round-up: 10 Lessons and Reminders, Plus 2

2020 Round-up

Each month, we like to take stock of elder law news and developments and share them. The December round-up is actually the 2020 round-up. We’ve reviewed lessons we’ve learned over the past year, inspired by our own practice, cases we’ve read about, and even rumors we’ve heard. We’ve polled our team, and here are the […]

Special Needs Education During COVID

Special needs education

The pandemic response across the country has led to incalculable problems and challenges. One problem area that has been hit especially hard: special needs education. What is special needs education? In normal times, U.S. law requires states and local school districts to provide opportunities for children with special needs. The Individuals with Disabilities Education Act […]

The Final Word? With Wills and Trusts, It’s Never Final

Wills are never the final word

After someone dies, most believe the will or trust is the final word and must be followed. That’s never really true. Often the document can’t be changed. But, if everyone involved can agree, they usually can deviate from the document and divide assets differently. Under Arizona law, a will cannot be reformed or modified, and […]

When Is Someone Legally Incompetent?

Legally incompetent status

What does it mean to have someone declared legally incompetent? And how does that happen, anyway? The concept of competence in the law is surprisingly confusing. Most people think they know how to judge that someone would be legally incompetent. Very often they are wrong. Incompetent, or incapacitated? First we have to deal with language. […]

Robert B. Fleming

Attorney

Robert Fleming is a Fellow of both the American College of Trust and Estate Counsel and the National Academy of Elder Law Attorneys. He has been certified as a Specialist in Estate and Trust Law by the State Bar of Arizona‘s Board of Legal Specialization, and he is also a Certified Elder Law Attorney by the National Elder Law Foundation. Robert has a long history of involvement in local, state and national organizations. He is most proud of his instrumental involvement in the Special Needs Alliance, the premier national organization for lawyers dealing with special needs trusts and planning.

Robert has two adult children, two young grandchildren and a wife of over fifty years. He is devoted to all of them. He is also very fond of Rosalind Franklin (his office companion corgi), and his homebound cat Muninn. He just likes people, their pets and their stories.

Elizabeth N.R. Friman

Attorney

Elizabeth Noble Rollings Friman is a principal and licensed fiduciary at Fleming & Curti, PLC. Elizabeth enjoys estate planning and helping families navigate trust and probate administrations. She is passionate about the fiduciary work that she performs as a trustee, personal representative, guardian, and conservator. Elizabeth works with CPAs, financial professionals, case managers, and medical providers to tailor solutions to complex family challenges. Elizabeth is often called upon to serve as a neutral party so that families can avoid protracted legal conflict. Elizabeth relies on the expertise of her team at Fleming & Curti, and as the Firm approaches its third decade, she is proud of the culture of care and consideration that the Firm embodies. Finding workable solutions to sensitive and complex family challenges is something that Elizabeth and the Fleming & Curti team do well.

Amy F. Matheson

Attorney

Amy Farrell Matheson has worked as an attorney at Fleming & Curti since 2006. A member of the Southern Arizona Estate Planning Council, she is primarily responsible for estate planning and probate matters.

Amy graduated from Wellesley College with a double major in political science and English. She is an honors graduate of Suffolk University Law School and has been admitted to practice in Arizona, Massachusetts, New York, and the District of Columbia.

Prior to joining Fleming & Curti, Amy worked for American Public Television in Boston, and with the international trade group at White & Case, LLP, in Washington, D.C.

Amy’s husband, Tom, is an astronomer at NOIRLab and the Head of Time Domain Services, whose main project is ANTARES. Sadly, this does not involve actual time travel. Amy’s twin daughters are high school students; Finn, her Irish Red and White Setter, remains a puppy at heart.

Famous people's wills

Matthew M. Mansour

Attorney

Matthew is a law clerk who recently earned his law degree from the University of Arizona James E. Rogers College of Law. His undergraduate degree is in psychology from the University of California, Santa Barbara. Matthew has had a passion for advocacy in the Tucson community since his time as a law student representative in the Workers’ Rights Clinic. He also has worked in both the Pima County Attorney’s Office and the Pima County Public Defender’s Office. He enjoys playing basketball, caring for his cat, and listening to audiobooks narrated by the authors.