Elder Law Issues

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A Conversation on Prenuptials Fleming & Curti, PLC has worked with many clients who have either done prenuptial agreements or are interested in doing them. This can affect estate planning and other conversations in a meeting. For example, if a non-married couple is contemplating marriage and a…

How much discretion should you give a trustee? Some clients have felt tempted to restrict a trustee in an attempt to protect their beneficiaries’ inheritance. Today we will explain our position that this is generally not advisable. There may be circumstances that arise where your beneficiary …

Pets in Estate Plans We are pet lovers here at Fleming & Curti, PLC. Many of us have dogs, cats and even snakes. With that in mind, we believe it is very important to create a plan for your animals in the event you are unable to or pass away. In this podcast, we touch on powers of attorney, be…

Qualified Disability Trusts have been a concept for around 25 years. While the term may be a bit more obscure these days, you may be familiar with one type, the special needs trust. Many people establishing these types of trusts for their beneficiaries have a lot of tax related questions and conce…

Aging and technology can be a scary concept for those of us in an older cohort. Fortunately, many pieces of technology can actually make aging a bit easier. In this podcast we give our thoughts and some examples of these. We discuss calendars, payment applications and multifactor authentication. W…

Assessing Testamentary Capacity. Making sure a client has capacity before signing any documents is an important aspect of being an attorney. Doctor’s notes and family testimony can only paint some of the picture. Additionally, capacity is not either “you have it or you don’t̶…

What if I Don’t Have POAs? POA, in this case, stands for power of attorney. These documents determine who will be making financial or health care decisions for you when you are unable. If you choose not to create these documents, it can cause confusion and possible court proceedings. In Arizona, a…

College bound estate planning is not something many people consider as their child goes off to university. Once someone turns eighteen, most parents will no longer be their legal guardian. This may lead to a loss of access to information about their child. Hospitals, universities, banks and other i…

Naming a Fiduciary Who Will Just Hire the Firm. Many clients want to name their children, friends or other family members in fiduciary roles in their estate planning documents. Some may also have the expectation that these individuals will simply request the law firm that drafted their documents t…