Elder Law Issues

Latest Episodes
Common Myths About Wills (Redux)
We so often hear (see, read) common myths about estate planning. Recently we wrote about the myths we encounter regarding special needs planning. Last year we busted (we hope) some of the myths about wills and trusts.For this podcast episode, we revisit
Hey! No Futzing With Your Estate Plan!
Great! You've completed your estate planning. We've helped you get things titled correctly and your beneficiaries established. What advice do we have for you now?No futzing. Please.We see it all the time. Clients focus on their estate planning and com
Beneficiary Deed Problems Described
A recent Wall Street Journal article reminded us about beneficiary deed problems.The article pointed out a number of concerns about the growing use of beneficiary deeds as part of estate planning. Actually, beneficiary deeds are too often usedinstead o
Happy Birthday, Tom!
Fleming & Curti, PLC, co-founder Tom Curti dropped by for a visit (and some carrot cake) last week. It was his birthday. Happy birthday, Tom!While he was here, we dragged Tom into our broadcast booth to talk about his retirement (he's been fully retired
Death of a Fiduciary
What happens on the death of a fiduciary? That is, who takes over as trustee, conservator, agent on a power of attorney or other fiduciary? And what do they have to do to assume their new role?Death of a fiduciary is not often anticipated. It's hard to
The Uniform Partition of Heirs Property Act
Last year the Arizona legislature adopted a new law based on a national model. The Uniform Partition of Heirs Property Act looks a little bit like a simplified probate proceeding, though it has a slightly different focus.The problem: sometimes, and espe
Fleming & Curti, PLC as a Future Fiduciary
At Fleming & Curti, PLC, we are sometimes named as a future fiduciary. That is, you might have named us as successor trustee, to take over on your death (or disability). Or perhaps you've named us as agents on your power of attorney.When we are schedule
Pope Francis Left an Unusual Will
Pope Francis died earlier this month. You almost certainly knew that. But what you might not have heard or read about is that even the Pope left a will.The will Pope Francis signed two years ago, though, was unusual. It didn't address anything about his
Advance Directives and DNR Orders
Advance directives and DNR orders confuse laypeople. Especially in Arizona, where the existence of a special kind of advance directive adds to the confusion.We've written (and talked) about the Pre-Hospital Medical Care Directive before. It's an Arizona
The Social Security Fairness Act
The Social Security Fairness Act of 2023 was, confusingly, signed into law on January 5, 2025. More confusion: what the Act did was to eliminate Social Security's Windfall Elimination Provision. Wait -- it eliminated an elimination? Yes, that's right.At