Elder Law Issues
Latest Episodes
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
Update on ABLE Act Accounts and 529 Plans for Education
529 Plans (for education) and ABLE Act accounts are tax cousins -- sort of. Recent tax law changes bring them closer together. We update you on how the new rules can work
Giving Notice of Court Proceedings in Arizona
Arizona law about giving notice in probate, guardianship and conservatorship proceedings has recently changed. What might have been a well-meaning piece of legislation has significantly increased the cost of court proceedings. And there's very little reas
Representing Couples in Preparing Estate Plans
We often find ourselves representing couples in development of a comprehensive estate plan. Do both spouses/partners need separate counsel? Not usually, but everyone has to appreciate that there are challenges.As we discuss in this podcast episode, ther
Court Ruling Protects Right to Vote in Guardianship
Last week the Arizona Court of Appeals decided that people under guardianship do not automatically lose the right to vote. In this podcast episode, we discuss the case and its implications for other individuals.As we explained in a recent issue of our n
Happy Birthday – Let’s Talk Required Minimum Distributions
Happy birthday to Fleming & Curt, PLC, partner Robert Fleming. Now that he's just turned 72, it's time for him to start thinking about required minimum distributions (RMDs).One of the occupational hazards for estate planners is that it's hard to just ha
What Estate Tax Changes Should You Expect in 2026?
This week we dusted off both our crystal and Magic8 balls, and we are prepared to tell you about estate tax changes in 2026. Or, at least, what mightchange. Well, they might not change. Or something altogether different might happenDo you care? Yes, if





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