Will Deletion Attempt Was Ineffective
We see it all the time. We ask our clients not to write on their wills or trusts. This weekly newsletter regularly reports stories about how it does not work. Nonetheless, people keep trying to make a will deletion or modification by scribbling on the will itself. Please remember, folks: when the issue becomes important, […]
UTMA Account Belongs to Adult Beneficiary
The Uniform Transfers to Minors Act (UTMA) is a popular choice for making gifts to minor children. A UTMA account is easy to set up, essentially free to administer, and does not involve lawyers, courts or even (usually) accountants. But UTMA accounts continue to be the source of confusion. Who actually owns a UTMA account? […]
Long-Term Care Insurance Trends in 2019
Three weeks ago, the leading American company selling long-term care insurance suspended sales of its lead product. Last week, the company restarted sales — but only by direct online contact. In other words, brokers and insurance salespeople are now cut out of the loop for the largest seller. What does that mean for the marketplace, […]
Judicial Immunity Does Not Protect GAL or Attorney
Judicial immunity protects judges and court personnel from being sued by unhappy litigants. Does that protection extend to people appointed by the judge under court rules? Sometimes, but not in every instance. Steve Gibson’s murder In 2013,Steve Gibson was brutally murdered in his Peoria, Arizona, home. Police soon determined that Gibson’s wife, son, and daughter […]
What Luke Perry Taught Us About Advance Directives
Although death sometimes arrives with plenty of warning, often there is none. Estate planning, of course, tries to provide a roadmap for both scenarios. The truth is, having an estate plan doesn’t always mean things go smoothly, and when things go smoothly, it’s not always because there was an estate plan. Take Luke Perry. After […]
IRA Beneficiary Designation Controls Distribution at Death
We’ve written about this issue before. Generally, your IRA beneficiary designation will control who receives your account. Your will (or trust) provisions will not override the beneficiary designation. Arizona’s community property rules won’t have much effect — in fact, they will normally have no effect. It’s all about your IRA beneficiary designation. Of course, people […]
Retirement Account Divided in Divorce
Arizona, of course, is a community property state. How does that affect the retirement account accumulated by one spouse during their marriage? Community property and the retirement account One spouse may have an interest in the other spouse’s retirement account, especially when it was accumulated during the marriage. State law, however, often takes a back […]
Due Process Required in Guardianship Proceeding
Probate courts have broad discretion about how to handle the cases they consider. Especially when it comes to guardianship and conservatorship, the probate judge usually has considerable latitude about how to proceed. It is essential, however, that the probate judge recognize that he or she must give the litigants their due process — the rules […]
Court Investigator Required Before Appointment of Guardian
Non-lawyers often assume that courts regularly appoint guardians from a list of people or agencies they have dealt with before. In fact, the people involved almost always choose the guardian, rather than the judge herself. Many states (including Arizona) do have a method for vetting a potential guardian, though. The role may be named something […]
Changes at Fleming & Curti, PLC
Usually, this space is occupied by a report on a recent case or circumstance. We try to generalize those specific cases for our Arizona clients. Or perhaps we tackle a larger issue that comes up regularly. Today, though, we’d like to tell you about new and upcoming changes at Fleming & Curti, PLC. We’re not […]