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Elder Law Issues - Fleming & Curti, PLC - Fleming & Curti News and ArticlesElder Law Issues — Fleming & Curti, PLC Subscribe Want to Make Sure Your Advance Directives Work? Talk to Your Family FEBUARY 6, 2017 VOLUME 24 NUMBER 6 This week Fleming & Curti held another one of our periodic seminars for clients and the public. This one was different — rather than us lecturing on issues of elder law, we invited a guest speaker. Harriet Warshaw, Executive Director of The Conversation Project, led a lively discussion […] Estate Tax Portability — What If the Executor Refuses to File? JANUARY 30, 2017 VOLUME 24 NUMBER 5 We knew it would happen, and now it has. A surviving spouse has sued to force the administrator of the deceased spouse’s estate to file a federal estate tax return to perfect the “portability” election. Before we can tell you how it turned out, we’ll need to explain […] Estate Planning is a Process, Not a Binder of Forms JANUARY 23, 2017 VOLUME 24 NUMBER 4 There really is no question that it is important for almost every adult to have a will, and to consider signing both financial and health care powers of attorney. That is what we mean by “estate planning,” and it is important to go through the process of preparing […] Privacy Concerns Loom Large in Probate Court JANUARY 16, 2017 VOLUME 24 NUMBER 3 Things change. This is our twenty-fourth year of publishing Elder Law Issues, and one thing we frankly didn’t think much about a quarter-century ago was privacy. Today it’s a big concern, and central to a lot of our thinking. When Fleming & Curti, PLC, first formed in 1994, […] Why We Do What We Do JANUARY 9, 2017 VOLUME 24 NUMBER 2 At Fleming & Curti, PLC, we represent seniors, people with disabilities and the family members who work with and support them. We also frequently act as trustee, agent, conservator or guardian for that population. It’s hard to capsulize exactly what we do, but if you ask any of […] Two Adult Adoptions Lead to Uncertain Inheritance Outcomes JANUARY 2, 2017 VOLUME 24 NUMBER 1 You probably know that it’s possible — though state laws vary quite a bit — to adopt an adult. But have you given any thought to what effect the adoption might have on inheritance rights? That’s the sort of problem that gets lawyers (and judges) excited. Two recent […] Common-Law Marriage, Divorce and Probate, All In One Case DECEMBER 19, 2016 VOLUME 23 NUMBER 47 Here’s a question we hear frequently: how long does a couple have to live together in order to be considered married? The answer in Arizona: until the wedding ceremony. In other words, Arizona does not recognize “common-law” marriages. That strong, direct statement, however, masks a more complicated answer. […] Two Words (“The Individual”) Make a Big Difference DECEMBER 12, 2016 VOLUME 23 NUMBER 46 Congress may be in a historic post-election lull, but the end of the year can sometimes see surprising, bipartisan progress. With passage by the U.S. Senate of the Special Needs Trust Fairness Act (a very small part of the 21st Century Cures Act) a significant change has been […] Doctor’s Report to California DMV Does Not Violate Privacy Rights DECEMBER 5, 2016 VOLUME 23 NUMBER 45 You might have wondered about this from time to time — we have, too. If a patient really shouldn’t be driving, is his or her doctor really able to write to the Motor Vehicle Division to report the patient’s condition? Wouldn’t that be a violation of the patient’s […] Deceased Trustee Not Liable for Punitive Damages in Kansas Case NOVEMBER 21, 2016 VOLUME 23 NUMBER 44 When Alain Ellis died in 2007, she left about $2 million dollars in a trust. Her husband Harvey was the trustee of the trust, and entitled to receive all of the trust’s income. Upon his death the remaining trust assets would be distributed among her two sons and […] « Older Posts Subjects ALTCS Alzheimer’s Arizona Court of Appeals conservatorship dementia elder abuse estate planning Estate Tax fraud gifts guardianship health care power of attorney income tax joint tenancy living trusts living wills long-term care Medicaid Medicare Nursing Homes POA Probate probate court retirement revocable living trust Social Security Special Needs Trusts Trustees Trusts Wills More Subjects... Latest Issue Want to Make Sure Your Advance Directives Work? 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