The last Sunday in September is already here, which means it’s time for this month’s wrap-up. The September wrap-up includes updates on Senator Feinstein’s trust battle, estate planning for digital assets, and a new proposal for nursing house staff minimums.
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.
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Step-up in Basis and the IRS’s New Revenue Ruling 2023-2
In March of this year, the IRS issued Revenue Ruling 2023-2. This ruling provides clarity on how assets are treated when you transfer them into an irrevocable trust. The ruling basically says that when an asset is transferred into an…
Public Fiduciary Must Serve When Appointed
Every Arizona county has one. The public fiduciary in each county acts as guardian, conservator and personal representative. But they only serve when no one else is available. Or, perhaps, the available alternatives have demonstrated that they are…
What to do with Leftover 529 Account Funds
Many people open “529 accounts” for their young family members. They open these accounts hoping that the child will use the money to pay for future education expenses.
College savings plans (usually referred to as 529 accounts) are designed to…
DNR (Do Not Resuscitate) and Other Medical Orders
Clients often wonder about DNR (or “Do Not Resuscitate”) orders — and how to make sure they have one entered in their own medical records. Arizona does recognize DNR orders. Many patients (and not a few medical professionals) are confused,…
FDIC Insurance Changes Will Affect Trusts
FDIC insurance is an important element of bank safety. The Federal Deposit Insurance Commission (FDIC) is an independent agency that protects depositors against losses when an insured bank fails. The recent uptick in large bank failures may have had you…
Appointing an Out-of-State Agent or Trustee
Arizona has no prohibition on an out-of-state agent for your power of attorney. However, you might want to make your agent or trustee someone who lives in the same state as you for a number of reasons.
What is…
July Review: Aretha, Pop Culture Gifts, and So Long
Is Divorce a Strategy for Securing Long-Term Care Assistance?
We spoke at a seminar last week. An audience member asked: is divorce a strategy for securing government assistance with long-term care costs? Our short answer: usually not. But the fuller answer is more interesting.
First, some background
Sometimes seniors…
Mental Health Care Powers of Attorney in Arizona
When people are creating their advance directives, they often overlook one important document– the mental health care powers of attorney. Mental health care powers of attorney (POA) are legal documents that allow a person to make mental health treatment…