Elder Law Issues

Today we thought we would provide an example of how charitable giving works. We are joined by Alyce Sadongei the executive director of Mission Garden. Mission Garden is a favorite charity of Fleming & Curti, PLC.

In this podcast, Alyce Sadongei and Robert B. Fleming discuss how a charitable organization operates and how gifts are likely to be used. You may feel tempted to leave a charitable gift with a caveat that it be used in a specific way. Charities would love to respect your wishes; however, restricting them may impinge on or distract from their mission.

We speak about the importance of how charitable giving works best in organizations so that maybe you will feel more comfortable with a general gift. Getting to know a charity that really resonates with the soul is crucial for this.

Retirement accounts offer one of the most effective ways to make charitable gifts. Actually, two of the most effective ways.

Charitable giving using Individual Retirement Accounts (IRAs) can be very tax efficient during your life, especially if you are over age 70 (70 1/2, actually, but let’s not quibble). And if you have reached your “required beginning date” for mandatory distributions, the power of lifetime gifts from your IRA is enhanced even further.

IRAs and other kinds of retirement accounts also offer one of the most efficient ways to make gifts upon your death. Join us for a discussion of some of the specifics. And keep an open mind about how you might increase your charitable giving using these marvelous instruments.

This entire month we have been focusing on charitable giving as part of your estate plan. Check out our podcasts on other kinds of charitable planning ideas, and the specifics of one local Tucson charity, Mission Garden. In our next episode, we’ll talk with Mission Garden’s Executive Director about your favorite charity’s favorite way to receive donations.

Making charitable gifts is important to a lot of our clients. It’s a great way to make an impact on your local community. And it’s important to the operation of a robust local charitable economy, especially in times of shortages.

We’ve been talking a lot about making charitable gifts this month. Think of it as our own personal Charitable Giving Month. Your favorite charity might promote some of the ideas we describe, and we’d like to help you understand what they’re talking about.

While we suggest giving to charities for the sake of charity, sometimes you can enjoy some tax benefits at the same time. Depending on the asset you would like to give, this can be easy… but some assets (like cryptocurrency, or business interests) may be more complicated to donate.

Join us in a discussion of the types of assets you may want to give (or leave) to charities for better tax outcomes. Making charitable gifts is a wonderful use of your assets and firms like Fleming & Curti, PLC can help guide you through the process.

We have discussed charitable giving in past podcasts and newsletters. In today’s podcast episode we want to share about some — OK, let’s start with one — of our personal favorite local charities.

Join us while we talk about the Friends of Tucson’s Birthplace and their signature project: Mission Garden. We talk with Alyce Sadongei, the Executive Director of the Friends of Tucson’s Birthplace/Mission Garden. she describes the living museum of Tucson’s agricultural heritage.

Have you visited Mission Garden yourself? We recommend that you go to the base of “A” Mountain and take a look at the living agricultural park/museum/historical representation. We are pretty sure that you will be astonished by your first visit — we know that we were.

Local charities provide the same tax benefits as national charities but can be much more satisfying to the soul. They can also have a bigger impact on Tucson and Tucsonans.

At Fleming & Curti, PLC, we think that charitable giving is important. And we have our own personal favorite projects that we support — and urge others to join us in supporting.

Some clients express interest in corporate or independent trustees serving as their successors in trusts they have or want to establish. In this podcast we discuss our experiences serving as a corporate trustee. We describe some of the services we offer as well as examples of the type of work we get into.

Today we are joined by friend of the firm, Bridget Swartz from Mission Management and Trust Co. Mission Management is a local corporate trust company that we deal with on a regular basis. We have nothing but positive things to say about Bridget and Mission Management!

Probates in other states can vary greatly from Arizona’s process. This means that advice you receive in Arizona may not apply in states like New York or Texas. For example: some states treat married couples’ assets as community property and others do not. Moving from state to state may also complicate this process. Certain documents may even be invalidated by moving.

While we may not be licensed to practice law in other states, we have experience with out of state probates. In this podcast we discuss some of these experiences. We also emphasize the importance of seeking legal advice within the state you reside.

Trusts and Real Estate

Many of us want to leave a legacy. Leaving real estate in trust for loved ones can be a tempting way to accomplish that goal. However, few grasp all of the consequences and potential issues of this choice. It is one thing to have a trustee sell real estate upon your death, and another for them to use trust funds to maintain a home for someone else. In this podcast we discuss some of the potential issues and a few benefits of trusts and real estate.

Today we are joined by friend of the firm, Bridget Swartz from Mission Management.

Joint bank accounts are a useful tool for certain estate planning goals. Unfortunately, there are many pitfalls that people do not anticipate when establishing them.

Establishing joint ownership of an account with a child or loved one will allow them to manage that account for you if you become incapacitated. The downside is that once you inevitably die, they will inherit the account regardless of any other documentation you prepare. This can work for or against a well-crafted estate plan. In this podcast we discuss alternatives to joint bank accounts as well as other consequences that most well-meaning people do not consider.

There are several misconceptions about intergenerational wealth transfer. Many families believe that sharing copies of wills or trusts will prevent misunderstandings. In reality, this can create family conflict, confusion, and estate disputes if changes occur later.

In this podcast, we discuss key considerations for sharing estate planning information with children, grandchildren, and other beneficiaries. We explain why it is usually best to keep estate plan documents private. At the same time, critical information, like powers of attorney, emergency contacts, and attorney guidance, should be shared. This ensures loved ones know who to call and how to act in case of incapacity or death.

We also address special situations. These include planning for beneficiaries with disabilities, managing tax implications, and protecting family members from financial risks. Our goal is to provide clear guidance that protects estate plans, supports smooth intergenerational wealth transfer, and prevents disputes.

This week we host our valued colleague Liz Homes. She talks about some of the problems a special needs trust beneficiary might face when moving to a new state. Beneficiaries (and families) may assume a trust created in one state works the same everywhere, but each state follows different rules and uses different terms.

We discuss typical considerations when moving a special needs trust across state lines. Attorneys often need to review and update trust documents to meet the new state’s requirements. We also explain how Medicaid rules and Social Security implementation can change from state to state, affecting the trust.

There are practical interstate issues that can arise during the process, including different legal terms, possible court involvement, and the need for attorneys in both states to coordinate. Sometimes the move can seem to get bogged down in transition — and life often gets involved, too.

Liz also highlights strategies families can use to prepare for these transitions, common issues to avoid, and the importance of planning ahead to ensure the trust continues to serve the beneficiary’s needs. By understanding these factors, families can make more informed decisions and reduce unexpected complications when a trust crosses state lines.