Do you have a spendthrift provision in your trust? Have you wondered how that actually works? In this week's podcast, we discuss the mechanics of spendthrift trusts and how a trustee might interpret the limitations -- and the authority.

The American Bar Association's Model Rules of Professional Conduct govern most lawyers' ethical duties. For elder law attorneys, particularly, one of the main principles goes by the name of one of those rules: Ethical Rule 1.14.What does Rule 1.14 say?

Continuing Care Retirement Communities (usually referred to as CCRCs) are a relatively new idea. What if you could move into an independent living apartment with elegant appointments. In the same complex, there would be an assisted living wing and even a

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

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

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

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

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

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

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