Elder Law Issues

You might want to make your estate plan irrevocable. Why? We discussed that in last week’s podcast. It might be because you want to make sure your spouse can’t change things after your death. Perhaps you don’t trust yourself not to be swayed by hopeful relatives or acquaintances.

But for this podcast episode, let’s discuss “how.” How might you make your estate plan irrevocable?

Our clients often ask about making their estate plans irrevocable. Before we describe steps we might recommend, we want to understand why you think it’s important.

In this podcast session, we discuss the reasons clients tell us they want an irrevocable estate plan. Later, we’ll talk about some of the choices we typically present to clients.

We’ve written about this issue, as well. Check out our newsletter article on how to make your estate plan irrevocable.

Suppose you have been appointed as your mother’s guardian in the Arizona courts. Now you (and your mother) will be moving to another state. Is there such a thing as an interstate guardianship? Can you transfer your Arizona guardianship to the new state?

Conversely, suppose that you have been appointed as your adult son’s guardian in another state, and now he and you are moving to Arizona. Are the rules the same?

What is different if one of you are moving, but the other will stay in the old state? What about states where the language is different? Maybe the other state says “conservator of the person” or “guardian of the estate”, for example.

Join us for a quick review of some of the issues involved in interstate guardianship matters. Remember, please, that we know a few things about Arizona law — but far fewer things about the law of other states. Also check out what we have written about these issues before.

In our Elder Law Issues newsletter this week, we described a bankruptcy court case involving a Uniform Transfers to Minors Act (UTMA) account. Arizona has also adopted the uniform law, and Arizona UTMA accounts would likely be treated in the same way.

But, more importantly, when would someone want to set up an Arizona UTMA account? Should they always use a trust, instead? What are the benefits — and risks — associated with an UTMA account?

Those are some of the questions we address in our weekly podcast. Join Fleming & Curti, PLC, partners Robert B. Fleming and Elizabeth Noble Rollings Friman as they explore Arizona UTMA accounts.

Do you enjoy do-it-yourself projects? How about your estate planning?

Can’t you just write your own will? How about online trust forms? And wouldn’t it be cheaper if you just prepared your estate planning documents and then paid a lawyer to review them for you?

In this podcast episode, we talk about DIY estate planning. Does it save money? Can you do it well on your own, or with just a little oversight from a lawyer?

We’ve written about this issue in the past, as well. Spoiler alert: it’s harder to do this, and do it well, than you think.

Guardianship, conservatorship, power of attorney, living will, surrogate decision-maker — what does it all mean? We talk about guardianship and conservatorship. Join us as we define some of the terms and introduce you to the basics of surrogate decision-making.

As always, of course, we are talking about Arizona law. Some of the terms are different in other jurisdictions. Procedures vary widely from state to state. We’ll try to give you some Arizona-specific information, though.

You can read more about guardianship and conservatorship in Arizona in our newsletter, and in our FAQs and white papers. We have also written and spoken about alternatives to guardianship and conservatorship. Our goal is to give you more information to help you make decisions about legal issues.

For your estate planning to work, you need to coordinate your beneficiary designations. Did you name the right beneficiaries on your life insurance, your IRAs and retirement plans, and your bank and brokerage accounts? Did you know that you can also name beneficiaries for your real estate (at least in Arizona) and your vehicles?

Beneficiary designations are a key part of your estate planning. Partners Elizabeth Noble Rollings Friman and Robert B. Fleming discuss the importance of beneficiary designation planning — and a recent Fleming & Curti, PLC, newsletter on the topic.

Elizabeth Noble Rollings Friman and Jacquelyne J. Mingle are now partners in the law firm of Fleming & Curti, PLC. What does that mean for the future of the firm? Will the name change? And what about the possibility that partner Thomas A. Curti might actually be retiring — is there truth to that rumor?

Join Robert B. Fleming and new partner Elizabeth Noble Rollings Friman as they discuss the new developments — and the direction of Fleming & Curti, PLC in the wake of the changes.