Elder Law Issues

Von: Fleming & Curti PLC
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  • Inhaltsangabe

  • Each week we discuss various elder-law, and elder-law adjacent, issues. In plain language, we review estate planning, guardianship, special needs and other legal and practical developments.
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  • Your Out-of-State Real Estate and Your Estate Plan

    Your Out-of-State Real Estate and Your Estate Plan
    Jan 19 2025
    If you have any interest in out-of-state real estate, it can significantly complicate your estate planning process. Why? Because one primary motivation in estate planning is to avoid probate. And real estate in two (or more) different states makes it more likely that multiple probate proceedings could be required. So how do we deal with out-of-state real estate in planning for your estate? We often recommend that clients consider creating a trust. Usually (but not in every circumstance) that means a revocable living trust. But that's not enough by itself. In order to avoid probate we're likely to recommend that even your out-of-state real estate should be transferred to your new trust. We can handle the transfer of your Arizona real property, but we'll need to involve an attorney in the other state to handle transfer of your property in the other state(s). That means paying additional legal fees and increasing some of the complication. Of course, failure to transfer those interests exposes your estate to the very same complications, but at a more-expensive level. Often, the interest our clients have in out-of-state real estate might be a fractional interest. They might, for example, co-own a vacation cottage along with other family members or friends. Those arrangements may also complicate your estate planning.
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    11 Min.
  • We Know That Furniture and Accessories Matter to Our Clients

    We Know That Furniture and Accessories Matter to Our Clients
    Jan 12 2025
    Furniture and accessories matter in a law office like ours. Of course we want to have attractive and functional fixtures. But we also recognize that our client base includes people with various kinds of limitations. We also know that we need to accommodate family members, caregivers and equipment that might come into our waiting room. Making the furniture and accessories work well in our environment is a constant process. We're now in the process of making our third change of chairs, for example. It's very hard to get attractive chairs that can be moved fairly easily but not so easily that they are dangerous. And the same issues extend to other office functionality. How accessible are our bathrooms (Spoiler alert: very)? Is the coffee/tea/soda/water station inviting, functional and attractive (we think so)? We keep watching our own furniture and accessories decisions, and looking for internal improvements. We are proud of what we're doing and want to call attention to the effort. We also want our work on the office environment to be invisible. Feel free to notice; we probably won't talk about it again. But we'd like to think our clients will notice on some level, even if they don't call it out to us.
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    10 Min.
  • Corporate Transparency Act (CTA) January Update

    Corporate Transparency Act (CTA) January Update
    Jan 5 2025
    Very recently we updated our audience about the surprising changes in the Corporate Transparency Act. That's the federal law that requires owners of limited liability companies (LLCs), family limited partnerships (FLPs) and other entities to file a form with a new federal agency. Now we have another piece of news: a January update on the CTA. As we explained earlier, a federal court had ruled that the entire CTA was unconstitutional, and no one would have to file. Then a federal appellate court ruled that the lower court's injunction exceeded its authority and entities would still have to file their Business Ownership Information (BOI) reports. Then the federal agency in charge (FinCEN) gave everyone until January 13 to file, reflecting the almost two-week period during which the injunction was in effect. Here's the latest: the same appellate court that struck down the injunction has now restored it. For now, no one has to file and no penalties will accrue. The appellate court will hear arguments in mid-March, and we'll see what happens then. In the meantime, it's actually pretty easy to file, and there's nothing stopping LLCs and other entities from doing so. You might want to consider filing even though you don't have to. We explain -- and discuss.
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    12 Min.

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