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
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 7
Beneficiary Deeds- the Good, the Bad, and the Ugly
By Jordan Young
For many clients, one of the major goals of estate planning is to avoid probate. There are several ways to do this. One is to put everything in a trust. Another is to put beneficiary designations on all of your…
In Which We Debunk Some Myths About Special Needs Trusts
Personal Representative, Agent, Trustee- oh my!
By Jordan Young
There’s a whole lot of vocabulary that comes with estate plans, like agent, personal representative and trustee. Today, I’m gonna break down who some of the key terms. All of the terms discussed today are roles that people or organizations…
Fiduciary Actions After Death of the Principal
Suppose you have been acting as agent on someone’s financial power of attorney. Tragically, they died this week. What can you do as agent after the death of the principal?
Or maybe you are named as personal representative in someone’s…
IRA Stretch for Special Needs Trusts
By Jordan Young
It is not uncommon for retirement accounts to be the largest asset in a client’s estate. Many clients know the distribution rules for their IRAs during their lifetime. They know most IRAs require that they to start taking their required…
LTCI (Long-Term Care Insurance) Update
From time to time we have written (or talked) about long-term care insurance (LTCI). The industry has undergone big changes in the four decades we’ve been writing Elder Law Issues. But it’s been several years since we last…
April Wrap Up: Wendy Williams Guardianship Update and estate planning
By Jordan Young
It’s the last Sunday of April. That means it’s time to look back at all of the elder law related news that happened this month. The big happenings this month were an update on the Wendy Williams Guardianship battle, estate…
Small Estate Rules Set to Change in Arizona
If someone leaves a small estate on their death, it could be challenging to transfer assets to heirs or family members. Even with modern, more streamlined probate rules, the cost could consume a significant part of the estate.
Fortunately, almost…
Can my ex inherit? Estate plans and divorce
By Jordan Young
Thinking of getting divorced? If you are, you’re not alone. In 2025, The Centers for Disease Control and Prevention (CDC) estimates that the probability of a first marriage for a woman aged 15-44 ending in divorce within the first 10…