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

New York Medicaid rules don’t ordinarily concern us at Fleming & Curti, PLC. After all, we are a Tucson elder law attorney firm. We don’t practice in New York at all. But when we have an opportunity to discuss state-to-state differences with one of the leading elder law practitioners in the nation, we take it. This week we talk with good friend and extraordinary elder law attorney Lawrence Davidow. He has been a leader…
Powers of attorney are powerful tools, ones that can be easily misused. We’re often warned that bad things can happen with a financial power: the agent can take all the money. But we’re not often told bad things can happen with medical powers, too. This week, we share a cautionary tale inspired by a client (we’ll call her Sally–not her real name) and the bad things that happened with her health care “poa.” In the…
Last week an Arizona court ruled that an upscale housing subdivision may not exclude a group home for disabled residents. The Court of Appeals’ “memorandum” decision did not establish a binding precedent. Still, it represents a significant step in supporting the rights of the disabled. The subdivision Montana Ranch (sometimes Montaña Ranch) is a deed-restricted subdivision in the northeast corner of Scottsdale, Arizona. In order to maintain its residential character in perpetuity, in 1985 the…
Leading New York elder law attorney Lawrence Davidow was recently in Tucson visiting a friend. We talked him into joining us for a discussion about elder law. Our question: how does the practice of elder law in his home state differ from our Arizona experience? Lawrence left New York just as their coronavirus cases began to come under control. After he arrived in Tucson our state’s experience began to deteriorate significantly. As you might imagine,…
If you are a regular reader, you know that at the end of the month, we like to survey the elder law landscape and share interesting happenings. For the June roundup, we focus on estates involved in litigation, touch on potential estate tax changes, and revisit ethical wills. Clients, especially those with trusts, wonder why they need a will. Part of the answer is to name a personal representative, also known as an executor. The…
Must administrators prepare formal inventories in probate and trust administration? Does every case require employment of a professional appraiser? Is an inventory public, so that anyone can know what was left to whom? How about beneficiaries, or family members who were left out of the will or trust? In this podcast episode, we discuss the nature of inventories in probate and trust administration. We explain that few inventories need to be filed as part…
Everyone knows that it’s important to avoid probate, right? But what is probate, anyway? Is probate expensive, time consuming and invasive? Well, it certainly can be — but most often it’s not very complicated and easy to handle. And also, most often it is easy to avoid. Last week we discussed probate avoidance. This week we focus on defining the term — and explaining when probate is required. The post What is Probate? appeared…
This week we heard from a client about his brother’s CARES Act payment: “My brother Dave, who receives SSI and is on AHCCCS, just got his CARES Act check for $1200. Actually, I got it, since I am his representative payee. I am very worried that he might lose his long-term medical care benefits under ALTCS. Can I just send the check back? Should I spend it immediately? Can I send it to ALTCS to…
Deciding what your loved ones get – or don’t get – after you are gone can be difficult. It’s even tougher if those to whom you wish to leave your hard-earned assets are not responsible with money or lack values you hold dear. A trust with tailored provisions is a possible solution. Leaving an inheritance in trust has many benefits, and one of them is the ability to create a document that specifically suits each…
Avoiding probate: most of our estate planning clients are already sure that’s important. But how can you avoid probate? And is it important? What (if any) problems might develop? In this week’s regular podcast episode, we talk about avoiding probate in Arizona. We explain beneficiary designations, Arizona’s beneficiary deed option, and some of the other techniques. We help you understand the significance of probate avoidance. One primary technique we discuss: establishing a trust. But even…