PODCAST · business
Elder Law Issues
by Fleming & Curti PLC
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.
Episodes
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An Introduction to Community Foundations
In this introduction to a three-part series of Elder Law Issues podcast episodes, Fleming & Curti, PLC attorney Elizabeth Friman tackles the Community Foundation industry (and principal players) in Tucson.
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A Conversation on Prenuptials
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...
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Trustee Discretion
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 may...
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Pets in Estate Plans
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,...
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Qualified Disability Trusts
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...
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Aging and Technology
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.…
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Assessing Testamentary Capacity
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’t”. Capacity can change...
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What if I Don’t Have POAs?
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…
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College Bound Estate Planning
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...
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Naming a Fiduciary Who Will Just Hire the Firm
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…
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Dementia Diagnosis
Clients often become wary of updating their estate plans after they receive a dementia diagnosis. Fortunately, a diagnosis is not necessarily the cut off for capacity. In this podcast we discuss the level of capacity required to complete estate planning documents. We also discuss some of our...
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Why Won’t My Family Share Trust Information?
Why Won’t My Family Share Trust Information? This may be one of the most common questions we receive as an elder law firm. It may be that you are not entitled to the information… or that the trustee is deliberately hiding information you are entitled to receive. Without a copy of the trust, it is...
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AI in The Practice of Law
AI in The Practice of Law AI is becoming a greater part of everyday life and that includes the legal profession. In this podcast we discuss the applications and pitfalls of AI in the legal space. We touch on hallucinations, confidentiality concerns and human review. Time savings, research and...
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Gray Divorce
Gray Divorce is a concept where older couples divorce late in life. This can be done for personal reasons; however, many wish to use divorce as a tool to get an unwell spouse onto public benefits. While this can work under certain circumstances, we discuss why in most this is unadvisable. Divorce...
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Family Real Estate Assistance
Family Real Estate Assistance It is somewhat common for family members to want to assist their loved ones with real estate purchases. Whether this is help with a down payment, outright gifting of a property, or some kind of loan. For estate and tax purposes; however, it is important to be clear...
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A Look at the Hermitage
Today we are taking a look at the Hermitage No-Kill Cat Shelter & Sanctuary. Cats have a special place in many of our hearts. Several of our staff own cats and one of our attorneys, Jordan S. Young, even volunteers for the Hermitage. We discuss the Hermitage in this podcast because many of our...
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AI and Deeds
AI and Deeds We have had many clients over the past couple of years wonder if Artificial Intelligence could create deeds and other documents for them. While AI can create documents, we do not often recommend using it for this purpose. AI lacks nuance and expertise. It can also make errors that…
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How Charitable Giving Works Best
Today we thought we would provide an example of how charitable giving works. We are joined by Alyce Sadongei the executive director of Mission Garden. Mission Garden is a favorite charity of Fleming & Curti, PLC. In this podcast, Alyce Sadongei and Robert B. Fleming discuss how a charitable...
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Retirement Accounts and Charitable Giving
Retirement accounts offer one of the most effective ways to make charitable gifts. Actually, two of the most effective ways. Charitable giving using Individual Retirement Accounts (IRAs) can be very tax efficient during your life, especially if you are over age 70 (70 1/2, actually, but let’s not...
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Making Charitable Gifts
Making charitable gifts is important to a lot of our clients. It’s a great way to make an impact on your local community. And it’s important to the operation of a robust local charitable economy, especially in times of shortages. We’ve been talking a lot about making charitable gifts this month....
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Tucson Charities: Featuring Mission Garden
We have discussed charitable giving in past podcasts and newsletters. In today’s podcast episode we want to share about some — OK, let’s start with one — of our personal favorite local charities. Join us while we talk about the Friends of Tucson’s Birthplace and their signature project: Mission...
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Corporate and Independent Trustees
Some clients express interest in corporate or independent trustees serving as their successors in trusts they have or want to establish. In this podcast we discuss our experiences serving as a corporate trustee. We describe some of the services we offer as well as examples of the type of work we...
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Probates in Other States
Probates in other states can vary greatly from Arizona’s process. This means that advice you receive in Arizona may not apply in states like New York or Texas. For example: some states treat married couples’ assets as community property and others do not. Moving from state to state may also...
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Trusts and Real Estate
Trusts and Real Estate Many of us want to leave a legacy. Leaving real estate in trust for loved ones can be a tempting way to accomplish that goal. However, few grasp all of the consequences and potential issues of this choice. It is one thing to have a trustee sell real estate upon your death,...
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Joint Bank Accounts
Joint bank accounts are a useful tool for certain estate planning goals. Unfortunately, there are many pitfalls that people do not anticipate when establishing them. Establishing joint ownership of an account with a child or loved one will allow them to manage that account for you if you become...
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Intergenerational Wealth Transfer
There are several misconceptions about intergenerational wealth transfer. Many families believe that sharing copies of wills or trusts will prevent misunderstandings. In reality, this can create family conflict, confusion, and estate disputes if changes occur later. In this podcast, we discuss…
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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…
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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...
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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...
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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…
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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...
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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…
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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...
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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...
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Estate Planning with Minor Children
Estate planning with minor children can have challenges that many people do not realize. At least in Arizona, minors cannot collect inheritances or open bank accounts… they cannot even direct their parents to do so on their behalf. As a result, leaving an inheritance to minor children outright…
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Social Security After Death
The death of a loved one is already a very uncomfortable situation, and the last thing anyone wants to do is deal with a Social Security office right after. Fortunately, you do not have to go to their office. In this podcast we discuss who handles reporting of deaths to Social Security. We also...
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Declining to Serve as Trustee
Declining to Serve as Trustee (and other roles) It is very easy for people to feel obligated to serve in a fiduciary role if they have been nominated. Roles such as trustee, agent or personal representative require a great deal of responsibility and work. Fulfilling these roles can be confusing,...
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Updating Your Estate Plan In 2026?
Thinking about updating your estate plan in 2026? Happy New Year! 2025 brought with it many questions regarding the future of laws pertaining to estate planning. Now that 2026 has rolled around, you and your loved ones may be wondering if it is time to update your estate plans. In this podcast…
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The Importance of a Witnessed Signature
Clients often wonder about the process of executing their estate planning documents. In this modern era, it seems to many like they ought to be able to sign their documents electronically without an office visit. It is usually not that simple. Different documents have different requirements for...
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2026 ABLE Act Updates
2026 ABLE Act Updates ABLE Act accounts are a great tool to assist people with disabilities. Unfortunately, many individuals with disabilities became disabled after reaching the age of 26. This meant that this tool was largely inaccessible to individuals who suffered injuries from work…
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The Benefits of a Donor Advised Fund
The benefits of a donor advised fund. With tax season on the horizon, many charitably minded people will want to make the most of their charitable deductions. Most tax filers do not itemize their deductions which makes it difficult to get more than the standard deduction. While it is important to...
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Supporting a Grandchild with a Disability
Supporting a Grandchild with a Disability Many families will have the experience of raising a child or grandchild with a disability. Fortunately, for grandparents there are a variety of options they can use to support disabled grandchildren. Several options include third party special needs…
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The Pros of Title Insurance
The Pros of Title Insurance. Have you ever inherited property with an issue in the title? This is a fairly common problem as property changes hands through generations. Title insurance can be a boring topic but it could be the solution to this issue. In this podcast we discuss the benefits of...
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Equal or Equitable Division of Your Estate
When you have us prepare your estate plan, you might ask us to arrange for an equal or equitable division of the assets among your children. Of course, the issue can come up in a variety of contexts. Maybe you’re disinheriting one child. Or maybe the division in your case is among nieces and...
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Estate Planning for Young People
Estate Planning for Young People. Should you be concerned about having an estate plan if you are under 40? Most people think they need an estate plan when they are older; however, there are good reasons to consider an estate plan at any age. Estate planning at a young age can prepare you and your...
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Personal Property Planning Before Death
Personal Property Planning Before Death. Many of your belongings are precious to you. You worked hard to acquire them. The transition from your property to your heirs should be seamless, but it often isn’t. Your personal belongings may make up only a small portion of your estate. That being said,...
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Finding Purpose Through Charitable Planning
Finding Purpose Through Charitable Planning. During the estate planning process, people frequently consider how to convey assets to charity when they die. This podcast examines the personal benefits that are sometimes overlooked when people engage in gift-giving during life. People who engage in...
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Incapacity Standards in Trusts and Powers of Attorney
Clients often ask to set incapacity standards in their trusts and powers of attorney. Typically, they might suggest a requirement that two physicians certify incapacity before a successor trustee, or an agent, may act. We discourage these limitations. In practice they cause more problems than...
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Common Trust Administration Misunderstandings
We frequently see one of the same handful of trust administration misunderstandings. From the length of time required, to the tax effect, to the court’s involvement, there are a batch of common misunderstandings. Do we have to go to court? Can we do anything to cut off creditors’ claims? How long...
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What is the After Death Checklist?
You may have heard of an after death checklist but what does it contain? Losing someone you love is always difficult so people often find keeping a list helps them stay organized through the chaos. Should you prioritize getting death certificates? Should you notify Social Security or the various...
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Frequently Asked Questions
How many episodes does Elder Law Issues have?
Elder Law Issues currently has 300 episodes available on PodParley. New episodes are automatically indexed when they're published to the podcast feed.
What is Elder Law Issues 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.
How often does Elder Law Issues release new episodes?
Elder Law Issues publishes regularly with 300 episodes available. Check the episode list for the typical release schedule.
Where can I listen to Elder Law Issues?
You can listen to Elder Law Issues on PodParley by clicking any episode. We provide an embedded audio player for direct listening, and you can also subscribe via your preferred podcast app using the RSS feed.
Who hosts Elder Law Issues?
Elder Law Issues is created and hosted by Fleming & Curti PLC.
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