Episodes

We often hear from heirs and beneficiaries a version of “everyone knows what dad wanted.” Yeah, maybe everyone knows. But he didn’t write it down. You may not be able to get things done the way you’re sure he wanted.

You may have heard about “Swedish Death Cleaning.” It sounds morbid, but we think the odd name embraces a generally good idea. Help your heirs by giving away (or selling, or donating) your “things.” No kidding — it could help your family later.

It’s not the first time we’ve talked about it, but today we want to be more direct. For most of our clients, we think their financial power of attorney is the most important estate planning document we prepare. Let us explain why. And why we think you need to have a durable financial power of attorney for yourself. What a great New Years Resolution!

At the end of each year, many of our clients consider making gifts — whether to charitable entities or family members. They experience a lot of confusion over what gifts are permitted, what is advisable, and what the tax consequences might be. We’re here to help demystify.

Planning on making specific gifts in your will? Using beneficiary designations to avoid probate? Hmmmm. We might have a problem.

So what is a “unitrust”? It’s simple, really: in a unitrust arrangement, the trustee distributes a percentage of the value of the trust each year, rather than all of the actual income. This can free the trustee to make better investment decisions. It also improves the remainder beneficiaries’ position. And, finally, it helps the income beneficiary predict (and rely on) their actual distributions — and, often, increase those distributions over time.

Two weeks ago we talked about partner Elizabeth Friman‘s induction into ACTEC, the American College of Trust and Estate Counsel. But that got us thinking. We belong to — and rely on — a number of professional organizations. Some are local, others are state or national groups. We’d like to shout out to several of them. And we think knowing about those groups will help you in your search for lawyers and fiduciaries in your own community.

As the end of the year approaches, we’ll begin to see some predictable estate planning changes. Some will be driven by tax planning considerations. But many seem to us to be motivated by holiday season and client’s recent experiences. We’ll find ourselves pretty busy for the last months of the year.

Fleming & Curti, PLC, partner Elizabeth Friman was inducted into the American College of Trust and Estate Counsel (ACTEC) last month. This signal honor was extended in the first month after her eligibility. That amounts to national recognition of her place as a leading figure in estate planning, trust administration and elder law in Arizona — and in the broader legal community.

Emergency guardianship and conservatorship proceedings can often be completed in a week or less, at least in Arizona. That sounds a lot more attractive than the non-emergency option. Uncontested proceedings often take six to eight weeks to complete. Most people who seek a guardianship or conservatorship think that their situation is an emergency. But an emergency guardianship and conservatorship proceeding means something else again to the judge. And because the judge is slow to see an emergenc...

Last month Stetson University College of Law hosted its 25th annual Special Needs seminar in Florida. Fleming & Curti, PLC, partner Elizabeth Noble Rollings Friman spoke to the national audience — twice. In this week’s podcast we talk about the program, Elizabeth’s presentations, and the significance of special needs planning in our practice.

Why do we ask so many nosy questions in our initial interview with clients? Why do we care about how your children are doing, or how they get along? It’s all in furtherance of figuring out your family dynamics and making sure we consider the best way to accomplish your goals.

We’ve said it before: probate (at least in Arizona) is not the awful beast that most people think it is. That’s not to say you should be eager to have your estate go through probate — but it’s not nearly as bad as you have been led to believe. Let us explain how modern probate works in Arizona, and how it compares to the cost and time involved in probate-avoidance techniques.

Beginning October 30, 2023, Arizona will have a law allowing “supported decision-making” agreements. But what will that mean? And how will those agreements interact with powers of attorney, or guardianship?

If you have substantial wealth, will your estate plan need to be more complicated? Not necessarily. And, for that matter, your estate plan might need to be somewhat complicated even if you are not wealthy. Let us explain.

It’s difficult to understand the difference between civil commitment proceedings, on the one hand, and guardianship or conservatorship proceedings on the other hand. In Arizona (the rules may be very different in other states, so be cautious about generalizing from our system) civil commitment is a separate type of proceeding. Its goal is to force a mentally ill person into treatment — and family members are not parties to the proceeding itself. In this week’s podcast episode, we try to demysti...

Planning on getting married? You might want to consider signing a contract with your prospective spouse — a “prenuptial agreement.” In fact, you can sign a similar agreement after you’re already married — a “postnuptial agreement.” Both are recognized under Arizona law. But what effect will a prenuptial or postnuptial agreement have on your estate planning choices? Join us for a discussion of prenuptial agreements (and their postnuptial counterparts) from the perspective of estate planning lawy...

Can a terminally-ill Arizona resident ask his or her physician for aid in dying? No — but the landscape is changing in surrounding states. What’s usually called “physician-assisted suicide” is not legal in Arizona, and is widely misunderstood in many jurisdictions.

Like many of you, we have been reading about Senator Dianne Feinstein’s recent legal troubles. We don’t know her or anything about her actual circumstances (beyond what we read), but her story gives us a chance to talk about common themes we see in the often-similar stories of our clients.

If you have charitable inclinations, you might consider whether a Donor Advised Fund is right for you. What are these entities, and how do they work? Well, join us for a discussion.

Suppose a manipulative, combative or just unpleasant family member insists on visiting a demented patient in a nursing home or assisted living facility. Can those visits be restricted? Prohibited altogether? Can visitor restrictions be imposed by an agent under a health care power of attorney? Does it require a court proceeding? These problems arise from time to time. The person seeking visitation in some cases might insist that they are a significant contact in the patient’s life, and the hea...

Say you’re moving out of Arizona. We’re a community property state, of course. Maybe you’re moving to a “common law” state — one that doesn’t recognize community property. Maybe Montana. Or another state. What changes will the move automatically create in your estate plan, if any? What changes should you consider upon making the move?

Once you’ve established a trust, what do you do to transfer your real estate into the trust’s name? We discuss title insurance, types of deeds and the mechanics of making the transfer in this week’s podcast.

What capacity level is required for someone to sign a health care power of attorney? Under Arizona law, the bar is set pretty low. People with diminished capacity, who might not be able to do a lot of other things can probably sign a valid health care power of attorney.