Forgetfulness, Dementia and National Awareness Month
NOVEMBER 11, 2013 VOLUME 20 NUMBER 43 November is National Alzheimer’s Disease Awareness Month. At Fleming & Curti, PLC, we got a little bit of a jump on the month by describing (in our October 28, 2013, weekly newsletter) the incidence of dementia and some of the experience we have in dealing with clients with […]
Can You Disinherit Your Spouse? It Depends
NOVEMBER 4, 2013 VOLUME 20 NUMBER 42 Most of us are fascinated by the lives and deaths of famous people. Their legal and financial affairs tend to be complicated, and they are sometimes messy. They may also provide some constructive information, useful to illustrate broader points applicable to many of us. One such illustration: the […]
Dementia: Facts, Figures and Legal Effects
OCTOBER 28, 2013 VOLUME 20 NUMBER 41 At a seminar for lawyers and accountants last week, our ears pricked up when we heard a speaker say: “remember, something like 60% of your clients over 75 suffer from Alzheimer’s Disease.” (OK — that might not be an exact quotation, but that was the sense of the […]
Disinheritance of Adult Child With Disabilities Leads to Lawsuit
OCTOBER 21, 2013 VOLUME 20 NUMBER 40 Suppose you have two children. Your daughter is very capable, very mature, very responsible. Your son has a developmental disability, or a drinking problem, or just problems handling money. What should you do with any inheritance you leave to your son? Put it in a trust? Make your […]
Why Do I Need a Lawyer — Can’t I Write My Own Will?
OCTOBER 14, 2013 VOLUME 20 NUMBER 39 “My father hates, absolutely hates, lawyers,” a casual acquaintance tells us at a social gathering. “I know it’s a bad idea, but can’t he just write his own will?” Let’s get the answer out of the way right up front: yes, he can. And there’s a very high […]
Decedent’s Family Permitted to Challenge Validity of Marriage
OCTOBER 7, 2013 VOLUME 20 NUMBER 38 Though we do not handle divorce cases at Fleming & Curti, PLC, we do find ourselves dealing with divorce, annulment, child support and spousal maintenance issues from time to time. One common question we see involves late-life marriages between a (sometimes) confused senior and a (sometimes, but not […]
The Affordable Care Act and People with Disabilities
SEPTEMBER 30, 2013 VOLUME 20 NUMBER 37 The Affordable Care Act is upon us, or almost so. October 1, 2013, is usually listed as a key date for the ACA, and it is — but nothing actually changes on that date. Quite a few changes have become effective already. The changes receiving the most media […]
Taxation of Pooled Special Needs Trusts
SEPTEMBER 23, 2013 VOLUME 20 NUMBER 36 We write a lot about taxation of trusts, and especially of special needs trusts. But there is one type of trust that we haven’t written much about, and we can’t find other explanations for. “Pooled” special needs trusts are a special kind of trust, and there is much […]
Pondering Your Power of Attorney
SEPTEMBER 16, 2013 VOLUME 20 NUMBER 35 Do you have a power of attorney? If so, do you know how it works? Is a “springing” power of attorney the best way for you to keep authority over your health care and financial decisions until a transition is needed? Many people have powers of attorney but […]
Court Reviews Fees Charged by Fiduciary and Attorney
SEPTEMBER 9, 2013 VOLUME 20 NUMBER 34 There is a lot going on in Arizona with regard to the fees charged by guardians, conservators, trustees, personal representatives — and their attorneys. There has been quite a bit of controversy in news articles (particularly, but not exclusively, in the Phoenix area) and online. Professional fiduciaries have […]
