Filing a Will Contest Before Death of the Signer
There’s one persistent problem with will contests. Academics often refer to the “worst evidence” rule. The person who signed the will can not testify about what they wanted. Wouldn’t it be great if you could take care of a will contest, before death of the signer removes the best evidence? First, though, let us make […]
Planning Is Essential for Second Marriages
Is your current Mr. or Mrs. Right not your first spouse? And do you have kids from another relationship? Second marriages can be wonderfully fulfilling, but step families come with built-in tensions. If this is you, it’s essential to consider an estate plan. Otherwise, the state of Arizona has a plan, and its rules almost […]
Retirement Benefits and Community Property
Arizona is one of the nine U.S. states operating under the principles of “community property.” The basic premise of community property: assets acquired during the period of the marriage are presumed to belong to the marital community (and thus to the spouses equally). There are lots of qualifications and exceptions, but one issue crops up […]
Aretha Franklin’s Wills, Petty Discord & Emma the Dog
Sometimes, you can develop a fondness for tasks that used to seem like a chore. That’s me and the brief. Having spent more than a decade in newspaper journalism, I compiled plenty of news briefs, collections of news of the day each item boiled down to a paragraph or two. These days, news bits are […]
Explaining Self-Settled Special Needs Trusts
New clients frequently come to us after they have been told that they need to “get” or “set up” a special needs trust. They often don’t realize that there are different kinds of special needs trusts. Sometimes a self-settled special needs trust is the right answer. In some cases the right approach is a third-party […]
Who Should Get Copies of Your Will and Trust?
You’ve signed your will and powers of attorney. Maybe you’ve even signed a living trust. But now who should get copies of your will and trust? Is the answer different for your powers of attorney? What to do with the original documents First, let’s just say a word about what you should do with the […]
If You Don’t Plan for Contingencies, the State Plans for You
If we all had crystal balls that could predict the future, estate planning would be a whole lot easier. We don’t, it’s not — and we’re here to tell you that you need to plan for contingencies. One difficult aspect of planning is considering the various ways the future can unfold. Perhaps the hardest part: […]
Guardianship Judge May Deviate from Divorce Court Custody Order
In a divorce proceeding, the court determines who should have custody (and decision-making authority) over any minor children. When a child subject to such an order reaches majority, the court order usually expires. But when the now-adult child has a disability, either or both parents may seek appointment as guardian. Does the divorce court custody […]
What Did the Income Tax Cut Mean for Estates?
At Fleming & Curti, PLC, we frequently act as fiduciary. That means we handle money held in trusts, conservatorships and individual names. It also means we file tax returns — lots of them. We have just completed (mostly) the 2018 tax filings, and we have some insights into how the 2017 Tax Cut and Jobs […]
Can You Make Your Estate Plan Irrevocable?
Clients often ask how to make their estate plan irrevocable. In most (but not all) cases, the question comes from a married couple — often in a second or later marriage, and with children from earlier marriages. The actual question one spouse asks: how can I be sure that my spouse can’t change our estate […]
