Elder Law Issues

Fleming & Curti PLC
  • 5.0 (2)
  • BUSINESS
  • UPDATED WEEKLY

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.

  1. 4D AGO

    Liz Homes, Indiana colleague, Talks About Interstate Issues

    This week we host our valued colleague Liz Homes. She talks about some of the problems a special needs trust beneficiary might face when moving to a new state. Beneficiaries (and families) may assume a trust created in one state works the same everywhere, but each state follows different rules and uses different terms. We discuss typical considerations when moving a special needs trust across state lines. Attorneys often need to review and update trust documents to meet the new state’s requirements. We also explain how Medicaid rules and Social Security implementation can change from state to state, affecting the trust. There are practical interstate issues that can arise during the process, including different legal terms, possible court involvement, and the need for attorneys in both states to coordinate. Sometimes the move can seem to get bogged down in transition — and life often gets involved, too. Liz also highlights strategies families can use to prepare for these transitions, common issues to avoid, and the importance of planning ahead to ensure the trust continues to serve the beneficiary’s needs. By understanding these factors, families can make more informed decisions and reduce unexpected complications when a trust crosses state lines.

    10 min

  2. MAR 22

    Succession Planning for Family Businesses

    Succession Planning for Family Businesses requires careful preparation to balance retirement needs, business value, and family dynamics. A business owner must first assess personal financial security, especially when they have reinvested profits instead of building savings. Determining the company’s true value, evaluating income potential, and understanding all tangible and intangible assets, such as equipment, intellectual property, or business goodwill, is essential before transferring ownership. Proper valuation ensures both the owner’s retirement needs and the business’s long-term stability are met. Heirs may have different skills, interests, or goals, so owners must address potential conflicts early and make clear, informed decisions. Open communication and setting expectations help reduce misunderstandings and prepare heirs to take on management or ownership roles. Advisors, including CPAs and legal counsel, guide owners through tax planning, business structuring, and risk reduction. Planning for incapacity is equally important, so a trusted individual can manage daily operations if the owner becomes unable to do so. Owners should avoid rushing decisions or relying on informal arrangements. Instead, they should follow a gradual, deliberate process. By gathering accurate financial information, evaluating multiple strategies, and involving trusted advisors, owners can ensure a smooth transition, protect family relationships, and preserve long-term business success. Thoughtful succession planning safeguards both the owner’s legacy and the future growth of the family business.

    10 min

  3. MAR 15

    Planning For Digital Assets

    Planning For Digital Assets This episode explains how digital assets affect modern estate planning. Digital assets include social media accounts, online banking profiles, investment platforms, cryptocurrency wallets, and other online accounts. Many of these accounts hold financial or personal value. Because people manage much of their lives online, these assets often become an important part of an estate. The discussion describes the challenges fiduciaries face when they manage digital accounts after someone dies. Personal representatives and trustees must contact the companies that control each account. Every platform sets its own rules and terms of service. These rules often limit how someone can access an account. State laws allow fiduciaries to request access to digital assets. However, companies still decide whether they will provide that access. Planning ahead is also identified as an important step. Creating an organized list of digital accounts helps fiduciaries locate and manage them. Reviewing estate planning documents also helps ensure they address digital property. Careful planning helps families reduce confusion and avoid legal or administrative problems.

    13 min

  4. MAR 8

    Estate and Trust Administration Myths

    There are many myths regarding estate and trust administration. Trust administration is quick, easy and flexible. Probate is expensive, slow and a hassle. Google and AI assistants are often quick to confirm these myths. They are trained on data that frequently contains references to misconceptions about these processes. In this podcast we discuss the most pervasive myths in the estate and trust administration business. Our goal is to paint a more realistic picture of the estate and trust admin process and clear up confusion that these myths often cause. It is also important to note that we are an Arizona law firm and so the misconceptions we discuss will be from an Arizona law perspective.

    17 min

  5. MAR 1

    Planning for Emergency Hospitalizations

    Planning for emergency hospitalizations is not something people like to think about, and different document types can cause confusion. What is the difference between health care powers of attorney, advance directives and DNR forms? Where should these documents be stored? Should you register you documents with the Arizona Health Care Directive Registry? What is “code status”? How should your medication lists be handled? Have you thought about who will care for your pets? In this podcast, we discuss all of these points to provide some general advice for emergency planning from a case management setting. Planning for emergency hospitalizations can be daunting, but we hope you’ll consider doing so after listening in.

    16 min

  6. FEB 22

    What are ILITs and Crummey Trusts?

    What are ILITs and Crummey Trusts? You may have heard of these terms for various trusts before. They can be a bit of a pain to administer for beneficiaries and successor trustees, but they are powerful tools that can help ease tax pains later. In this podcast we explore how ILITs and Crummey Trusts differ from standard revocable trusts and when they might be useful when crafting an estate plan. We do enjoy history, so just a word of historical context. D. Clifford and Ethel E. Crummey created the trust that would immortalize their surname in 1962. It took six years for the IRS challenge to the trust to make it through the court system. But Mr. and Mrs. Crummey’s trust, as it turned out, was neither crummy nor crumby. And, though it was not an eyelet, it was an ILIT.

    9 min

  7. FEB 15

    Long Term Care Advice

    Long Term Care Advice Everyone hopes to never need long term care, and as a result many do not plan for it until it becomes necessary. Fortunately, options exist for both private and government assisted care. In this podcast we discuss some of the benefits and qualifications for government assistance like Medicaid, as well as the positives for sticking with private care.

    12 min

  8. FEB 8

    Veterans Benefits

    Veterans benefits can make a large difference for veterans; however, did you know that surviving spouses of veterans may also qualify for benefits? Some people may may not realize that they also qualify for additional benefits, such as aid and attendance. We discuss these benefits and some of the qualifications that a veteran or their spouse will need to meet. In this podcast we are joined by our friend Marsha Goodman, a certified Elder Law Attorney located in Phoenix, Arizona.

    11 min
See All (300)

Ratings & Reviews

5
out of 5
2 Ratings

About

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.

Information

  • Creator
    Fleming & Curti PLC
  • Years Active
    2023 - 2026
  • Episodes
    300
  • Rating
    Clean
  • Copyright
    © Fleming & Curti PLC. All rights reserved.
  • Show Website
    Elder Law Issues

You Might Also Like