In 1954, the Supreme Court of Arizona issued the opinion In re Walter’s Estate, 77 Ariz. 122, 267 P.2d 896 (1954). Despite being written over 70 years ago, the opinion still holds valuable insights today about how we determine if someone has
Elder Law Issues
The Elder Law Issues blog, published by Fleming & Curti, PLC, focuses on legal topics relevant to seniors, individuals with disabilities, and their families. It covers estate planning, including wills, trusts, and probate administration, as well as fiduciary services such as guardianships and conservatorships. The blog addresses practical concerns like power of attorney, special needs planning, and care management. It also discusses emerging trends in elder law, such as alternative body disposition methods and legal disputes involving estates. The content aims to guide readers through complex decisions related to aging, incapacity, and end-of-life planning.
Latest from Elder Law Issues - Page 6
Is a Sticky Note Will Valid in Arizona?
Arizona recognizes “holographic” wills. Those are documents that are entirely in the handwriting of an individual, and signed by that individual. So can you reduce your Arizona holographic will to be what we might call a sticky note…
Per Stirpes, Per Capita and By Representation
By Jordan Young
One of the big questions your estate plan seeks to answer is this: “who should receive your assets when you die?” We call the person receiving a “beneficiary” of a trust or a “devisee” in will. But, what happens if…
One Big, Beautiful, July Wrap-Up
By Jordan Young
President Trump signed the “One Big Beautiful Bill Act” (OBBBA) into law on July 4th. The law is over 900 pages long, so there’s a lot in there. We have taken the liberty of summarizing some of the…
What if you die without a will?
By Jordan Young
A lot of people never get around to estate planning. So, what happens when a person dies without a plan? Well it depends what state you are in. Because we are in Arizona, we’re going to talk about what happens…
Moving while you still can: Continuing Care Retirement Communities
For many, retirement is a goal in life – something to plan for with joyful anticipation. If preparing for retirement is a happy part of getting older, then why are some so resistant to planning for where they want to…
Non-Judicial Settlement Agreements
Non-Judicial Settlement Agreements provide an opportunity for Arizona trust beneficiaries to resolve disputes — sometimes even before they become disputes. The NJSA is a relatively new idea, introduced in Arizona’s version of the Uniform Trust Code. We first adopted the…
June Wrap-Up: Lessons learned from Buffet and Bezos
By Jordan Young
Jimmy Buffet and Jeff Bezos’s estate plans have been in the news this month and each offers a valuable lesson. Also in the news this month, long term care planning, interpreting emojis in estate plans and David Lynch’s estate sale.…
Can my family come to my initial consultation?
By Jordan Young
Often an estate planning client will call our office to make an appointment and will ask “Can my kids come?” Our answer is always “They can come, but they will have to wait in the lobby while we talk.” Clients…
Bankruptcy Court Decision May Surprise Estate Planners
Last week we read a Bankruptcy Court appellate decision that surprised us. We think it might surprise other estate planning attorneys (and other advisors). It points out that the analysis applied in Bankruptcy Court might not reflect the same thinking…