Fleming & Curti, PLC

At Fleming & Curti, P.L.C., our practice is limited to Elder Law. We concentrate on Guardianship and Conservatorship, Long-Term Care (Medicaid) Planning, Estate Planning and Probate. We are located in Tucson, Arizona.

The firm began in 1984, when Tom Curti and Robert Fleming became partners. The two had, however, been partners before — from their common law school graduation (in 1976) until 1979. They had also shared office space for two years before formalizing the “new” partnership.

Fleming & Curti, PLC Blogs

Latest from Fleming & Curti, PLC

Can you disinherit a family member? Do you have to leave something to children, spouses and other close relatives? Last week, in our Elder Law Issues newsletter, we wrote about disinheriting a child. Particularly, we addressed the increasingly common request we see from clients: what if I don’t approve of my child’s politics, or lifestyle? But there’s also a broader question to address, which we tackle in this podcast episode. CAN you disinherit a…
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. It’s right here — though this looks like a photocopy. Omigosh — it IS a photocopy! Does that mean the…
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 trust often can accomplish the clients’ goals without cutting the child out entirely. Families are typically tolerant of varying political…
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 applicant is entitled to retain their home and still qualify for benefits. That frequently leads to this end-of-life scenario: a…
We, like you, had begun to wonder if 2020 would ever end. But it did! Happy New Year, 2021! We learned a lot in the past year. From client needs to trust administration challenges to office management — there was a lot to absorb. On top of that, we moved into new office space (and we love it!) just weeks before having to lock down. In fact, we foolishly talked and wrote about 2020 New
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 top 10 (plus a couple of bonuses): 1) Does Fair Mean Equal? Especially during the pandemic, some loved ones may…
If you are trustee of an Arizona trust, you must provide information to “qualified beneficiaries” of the trust. But who are those people? If you join us for this week’s podcast episode, we’ll help you understand the legal phrase, its meaning and effect. We hope that helps you figure out how to discharge your legal responsibilities. Perhaps you are a trust beneficiary. We can help you figure out what information you are titled to…
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 (IDEA), the Education for All Handicapped Children Act (EHA), and other laws have altogether changed the educational landscape. As a…
There are trust reporting requirements for every trustee. Those requirements vary depending on the circumstances, though. Is the trust revocable or irrevocable? Who are the current beneficiaries? What happens to the trust after the death of current beneficiaries (or, perhaps, the passage of time)? As we discuss in this podcast episode, Arizona’s trust reporting requirements are fairly specific. They derive from the Uniform Trust Code, which Arizona adopted in 2008. Does Arizona’s version of…
You have a long pattern of making gifts — to your children, to other family members, and to charities. Do you want to continue to make those gifts after incapacity? You need to make your intentions clear now, while you are still able to express those wishes. Perhaps you are managing someone else’s affairs. Maybe you are acting as trustee, court-appointed conservator, or agent under a power of attorney. Can you make (or continue) gifts…