Elder Law Issues
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Latest Episodes
Spendthrift Trusts Explained
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?
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
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
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
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
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
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?
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
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
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