Episodes

It’s the end of the year. We’ve posted our newsletter summarizing 2022. Now we’re looking forward to 2023. Join us for a rumination on the passage of time.

Required minimum distribution (RMD) rules are complicated. One set of rules affects those who accumulated an IRA, 401(k) or other retirement account. Another set of rules — well, two sets of rules, actually — affect those who inherit those same retirement accounts after the owner’s death. Did we say two sets of rules? Maybe there are three. Or more. This week we explain some of the intricacies of RMD rules for inherited IRAs. Our bottom-line advice: talk with a qualified authority (and that mig...

Alternative Dispute Resolution (ADR) can provide alternatives to court proceedings. It might include mediation, or arbitration, or a simplified trial proceeding of some kind. But does alternative dispute resolution have any place in your will or trust? It might. One way people often try to limit disputes is to include an “in terrorem” clause. Such clauses are sometimes called “no contest” provisions. But maybe you’d like to force any contestant to use a simplified, low-conflict approach to disp...

Sometimes a trust is just a mechanism for the signer to avoid probate. But sometimes a trust is for a special purpose — like dealing with a beneficiary’s disability, or protecting against a beneficiary’s creditors. In this podcast episode, we discuss some trusts for special purposes, and maybe give you some ideas about your own reason(s) for creating a trust.

The Achieving a Better Life Experience Act (ABLE Act) was adopted in 2104. The first ABLE Act accounts were available by mid-2016. But there’s still a lot of confusion and misunderstanding about the Act, accounts and how to use them. In this podcast episode, we’ll review some of the basics of ABLE Act account funding. But, more importantly, we’ll discuss the way an ABLE Act account might help improve individual autonomy, personal financial management and quality of life for beneficiaries. And (...

Congratulations to Fleming & Curti, PLC, partner Elizabeth Noble Rollings Friman! She was elected to the Board of Directors of the Special Needs Alliance, the premier national organization supporting special needs planners. Join us for this week’s Elder Law Issues podcast, where we discuss the Alliance, Elizabeth’s involvement, and the resources available to family members who are trying to figure out special needs trust administration. Also, we get some participation from Rosalind Franklin, on...

We often talk (and write) about acting as the alternate agent, trustee or personal representative. But what’s the role of the second alternate? Will you even know that you’ve been named? And if you do know, what should you do about it? How do you prepare? We tackle these questions — and more — in this week’s Elder Law Issues podcast.

Suppose that you need long-term care in your home. Do you have any idea what it might cost? Or how you might pay for it? Long term care insurance is one solution many people consider. But of course you can’t purchase insurance after you’ve gone into the nursing home. You also can’t get it if you would qualify for nursing home placement, or even if you have a condition that might lead to institutional care. And home care costs can be impressively expensive. Long term care insurance is a good pl...

Every October for over two decades (well, every October except one) Fleming & Curti, PLC lawyers have travelled to Florida for the annual Special Needs Trust program hosted by Stetson University College of Law. In fact, Robert Fleming has spoken at every one of those annual meetings — including the 2020 meeting that was held virtually. This week we’re off to Stetson again. Two of our lawyers are speaking at the four-day-long program. We explain (and brag just a little) in this week’s podcast ab...

Where should you keep your estate planning documents? Many people keep original documents in a bank safe deposit box, or a fireproof safe. Some favor keeping them in electronic storage. None of those are our favorites. We think you should keep your estate planning documents in an easily-accessible place in your home. Burglars aren’t interested in your documents. Family members are unlikely to snoop. And especially your powers of attorney can be needed on short notice, after hours and under diff...

When clients come to us seeking guardianship over a family member, we almost always spend considerable effort trying to come up with alternatives. Guardianship can be expensive, time-consuming, and even debilitating to the subject of the proceedings. Can we help develop a plan to avoid it? Of course, sometimes guardianship is required. Even then, though, there may be some limitations that might help. We think it’s our job to try to minimize the cost and impact in most cases.

Clients often ask whether they really need to read their estate planning documents. Aren’t they just filled with “boilerplate” language? Yes, boilerplate language is important in drafting estate planning documents. But choosing the correct provisions, and customizing them for individual circumstances, is what add significance — and value — to the lawyer’s work. Join us as we discuss the concept of boilerplate language, and what it means in your estate planning documents.

When a will or trust directs that an inheritance be held in trust, what has to be done to “create” that trust? And whose responsibility is it to take whatever action is required? We get asked a variant of this question quite often. But there probably isn’t any court or administrative action necessary to “create” the trust, or set its terms. Those are in the will or trust directing the inheritance terms. That’s not to say nothing needs to be done. The trustee of the new trust (we usually call i...

We ask our estate planning clients about organ donation. Some say yes, they very much want to be an organ donor. Others say no, they simply do not want organ donation — whether for religious, ethical, or other reasons. Some do not care, and do not want to include any directions about organ donation. We can include the client’s wishes in the documents we prepare. But we make clear that it’s not our documents that count most — it’s whether they have signed up as organ donors (or not) with the Ari...

Who should you name as beneficiary on your retirement account? Your spouse? Your trust? A charity? And what about contingent beneficiaries? Join us for an exploration of the confusing and uncertain world of retirement account beneficiary designations.

If we are asked to prepare documents for someone, we will insist on meeting with that person — alone. We don’t doubt that your intentions are good, but your father (or mother, or sister, or neighbor) will be our client, and we must insist on making sure we hear their voice, not yours or someone else’s. Also, we want to be able to testify in any future case that it’s our regular practice, and we always meet alone with our client.

How common are will contests? And how often do they succeed? If you’re concerned about the possibility of someone contesting your will, we have some good news for you. It’s not very likely, and it’s especially not very likely to be successful. Join us for more discussion.

We frequently get calls that begin with “I need a power of attorney for my mom”. Sometimes, of course, the caller is asking about their dad, or child, or other relative. Sometimes it’s even about a neighbor or friend. In this podcast episode, we talk about the legal conundrum: if your mom can’t make decisions for herself any longer, then she probably can’t sign a power of attorney, either. And if she can sign a power of attorney, then she would be our client.

What does it mean when a personal representative has to “post a bond” in a probate case? Is it the same thing for a conservatorship (of the estate)? Do guardians have to post a bond? We tackle the concept of bonds, whether your will should waive any bond requirement, and how they work in conservatorship cases. It’s complicated, and bonds are sometimes difficult to secure. The good news: having to post a bond does not mean you have to put your own assets under the court’s control. But it may be ...

Making decisions for someone else at the end of their life can be excruciating. Now imagine that someone is making those decisions for you. Wouldn’t you like to make it easier for them? And how do you make the decisions if you’re acting for someone else? Are there things you are permitted to consider? Maybe even required to consider?

ABLE Act accounts can be a terrific resource for individuals with a disability. The rules are easy to figure out; what we do here is to give more information about how they actually work in practice. Though the ABLE Act may have originally been envisioned as creating an alternative to special needs trusts, that’s not how things have turned out. In fact, ABLE Act accounts provide extra flexibility to existing special needs trusts. We explain how the two concepts can work together. And, of cours...

Should you include a “no-contest” clause in your will or trust? We talk through some of the considerations (and limitations) surrounding those kinds of provisions. A key question: if you’ve disinherited someone, what do they have to lose if you include a no-contest provision? And the second key question: who would benefit from challenging your estate planning documents?

Don’t write on your original estate planning documents! What you’re trying to accomplish may seem obvious to you, but don’t risk confusing the rest of us. Please do it right. Make notes about the changes you think you want to implement. Make an appointment (with us, or with the attorney who wrote your original will, trust and/or powers of attorney). Talk with the lawyer about what you want to do, how to do it — and how much it will cost.

We’ve talked (and written) before about personal property lists, will provisions and how to handle the property you take charge of as trustee or personal representative of your parent’s estate. But we also have some advice for clients before they die. Maybe you want to consider making gifts of tangible personal property well before your death. Maybe today. Yes, we do want you to complete a personal property list. No, you don’t need to list (or even itemize) every item of tangible personal prope...