Elder Law Issues

Elder Law Issues


Latest Episodes

Spendthrift Trusts Explained
September 01, 2024

What are spendthrift trusts? It's pretty simple, really. A spendthrift trust has language directing the trustee not to honor attempts by the beneficiary's creditors to reach the trust assets. It also prohibits the beneficiary from encumbering the trust's

Do You Need to Hire an Attorney for Trust Administration?
August 25, 2024

Maybe you are involved in a trust administration proceeding. You might have created a revocable trust and wonder what you need to do to maintain it during your life. Perhaps you and your spouse created a trust, and you wonder what needs to be done now tha

Understanding SSI and SSD
August 18, 2024

SSI and SSD(I). It's so hard to keep them straight. Especially since SSDI is often referred to (including by us) as SSD.Supplemental Security Income (SSI) is a disability-based income program that requires recipients to meet financial eligibility tests.

Clio: Our New Law Office Case Management Program
August 12, 2024

This week, a little inside baseball: we talk about Clio, our law office case management program.Fleming & Curti, PLC, had a decades-long relationship with Time Matters, starting with the DOS version in about 1992. It was once the leading case management

Choosing a Trustee for Your Special Needs Trust
August 04, 2024

When you establish a special needs trust pay particular attention to the most important part: choosing a trustee. The choice of trustee really determines how well the trust will work.There are several different types of special needs trust. Some are est

The Importance of Home Visits by Fiduciaries
July 28, 2024

At Fleming & Curti, PLC, we often act as fiduciary. We might be a trustee, or a guardian or conservator, or an agent. In all of those roles, we try to make regular home visits.Why do we feel strongly about home visits? Because that's the best way to get

You May Not Need a Guardianship
July 21, 2024

Clients often come to us because they believe they need a guardianship. Perhaps their spouse has ended up in assisted living or a nursing home. Maybe their developmentally disabled child just turned 17 and they have been told they should get the process u

Can We Share Documents with Family of Our Former Client?
July 14, 2024

When a former client becomes incapacitated, we might hear from family members asking that we share documents and offer legal advice. We might take a little time to figure out what we can share and what additional information we might need to get. If our o

Maintaining Beneficiary Designations is Key to Estate Planning
July 07, 2024

You've carefully considered your estate plan, and decided it's important to avoid probate. One way to accomplish that: use beneficiary designations to direct assets to named beneficiaries. But don't forget the importance of maintaining those beneficiary d

HEMS Standard in Trusts
June 30, 2024

The HEMS standard, common in trusts, is an arcane expression. That does it mean, and what's the significance?If the trust directs the trustee to pay attention to the "health, education, maintenance and support" of a beneficiary, that's magic language in