Estate of Denial:  “Pepsico has no claim to “original, historically significant documents” about the invention of its signature soft drink, two brothers claim in Federal Court, claiming their father deserves the credit. “By this action, the heirs seek to eliminate any doubt that original, historically significant documents belonging to their deceased father, Richard John Ritchie (‘Ritchie’), who is historically acknowledged as the person who developed the original, commercially successful formula for Pepsi-Cola on or about 1931 (the ‘Ritchie Invention’), are their personal property, as his lawful heirs, which they may freely share with historians, collectors, journalists, and television and film producers, and ultimately, members of the interested public, to tell their father’s extraordinary life story without interference or the threat of litigation from Mr. Ritchie’s
Estate of Denial:  “Proceeds from the sequel to Mario Puzo’s novel “The Godfather” published this week will be put in escrow while Paramount Pictures and the late novelist’s estate pursue litigation over the publishing rights. “An interim agreement allows publication of the novel to go forward, pending resolution of this matter,” Richard Kendall, a lawyer for Los Angeles-based Paramount, said at a hearing today in Manhattan federal court. Paramount, a unit of New York-based Viacom Inc., sued Anthony Puzo, Mario’s son and the executor of his estate, in February to prevent the publication of a third sequel to “The Godfather,” claiming that it wasn’t authorized.”
AZCentral:  The battle over Rosa Parks' estate has gone on for years.  Now, an attorney, Stephen G. Cohen, is accusing two attorneys and a judge of conspiring to drain the estate's cash.  The lawyers and the judge were involved in a long running civil rights dispute related to the estate.  Cohen alleges that the judge and attorneys racked up over $507,000 in unnecessary legal fees, leaving the estate $88,000 in debt. When Rosa Parks died in 2005, she left most of her estate to the Rosa and Raymond Parks Institute which Cohen represents.  Parks' relatives challenged her will after her death.
The Atlantic:  “In the morning, many of us reach first for our screens. We check our phones before we get out of bed. We scroll through our inbox before we have a coffee. Our News Feed, our Twitter feed, it's all part of the standard morning routine. In fact, it's pretty hard to picture a normal workweek, let alone a life, without emails, status updates, and Amazon purchases. But have you ever thought about what happens to all of your accounts when that inevitable day comes, and you can't log onto them yourself anymore? Well, Washington thinks it's time to take the problem seriously. As Facebook rounds the billion-user mark, the Feds have stepped up to the plate with a formal policy about America's online
Estate of Denial:  “Shannon Price failed to prove that she and Gary Coleman had a common-law marriage after their 2009 divorce. Fourth District Judge James R. Taylor ruled Monday that while Price had lived in the former “Diff’rent Strokes” star’s home after their marriage ended, the relationship failed to meet the state’s standard for a common-law marriage. “There is simply [insufficient] credible evidence to conclude that they were more than occasional roommates,” Taylor wrote in his 18-page decision.”
Business Insider:  “Henry loves fetching his tennis ball and playing tug with his stuffed animals. About 6 years old, the Shih Tzu mix likely has many good years left. In a way, that worries his owner. Fern Edson adopted Henry from the PAWS Chicago animal shelter almost four years ago. Her age: 84. “I really didn't think about the age difference,” Edson said. About 18 months later, “I started thinking about it.” Edson, whose investment banker husband died 12 years ago, has found peace of mind about Henry's future, however. She's enrolled in PAWS' Guardian Angel pet care program, in which donors who leave bequests to the no-kill shelter are assured it will care for animals that outlive their owners. It's one of several ways
Estate of Denial:  “A lawsuit filed by the mother of Reese Witherspoon against the actress’ father is drawing attention to the plight of an aging population stricken with dementia who can be preyed upon by opportunists. In January, John Drake Witherspoon, age 70, married Tricianne Taylor, who is 60, according to a certificate of marriage filed with the suit. Problem is, says Mary Elizabeth “Betty” Witherspoon, who is trying to annul the new marriage she learned about from a wedding announcement in a newspaper, she and John never divorced.”
Estate of Denial:  “The lawyer who spoke out in a series of ABC15 Investigations on Arizona’s probate system has been officially suspended. Grant Goodman took on attorneys and guardians in Maricopa County. He filed lawsuits on behalf of vulnerable adults who claim the probate system was taking advantage of them. Goodman appeared in several ABC15 investigations that uncovered abusive practices by the Sun Valley Group, a Valley guardianship company.”
Estate of Denial:  “On Friday night former James Brown trustee, Adele Pope of Newberry, was served with a subpoena related to the diaries of Brown’s former companion, Tommie Rae Hynie. Pope is being asked to turn over all written communications related to the Hynie diaries, including any communications with this reporter, any “blogger, website or media outlet.” The Observer has requested a copy of the diaries from Attorney General (AG) Alan Wilson under the Freedom of Information Act (FOIA), but the request was refused in March. In a telephone interview in November, 2011, a longtime friend of music icon James Brown characterized the Hynie diaries as ‘explosive.'”
Village Life:  “Now that another school year is drawing to a close, your young children are a step closer to the day when they’ll be heading off to college. Of course, as you’re probably aware, higher education doesn’t come cheap — and the costs seem to continuously climb. You can help your children — or even your grandchildren — meet these expenses by investing in a 529 plan. And this college savings vehicle offers estate-planning benefits.”
The Street:  “The most common refrain I hear when assisting clients with estate planning is that they want to treat their children equally. It's a parent's instinctual, default position. However, it can be a flawed position to lead from. In some cases, you might need to treat your children differently when it comes to gifting and estate planning.  Notice I said differently but not unequally. So what are some examples of treating your adult children differently: • Not naming all of your children as successor executors •Gifting the annual gift exclusion of $13,000 outright to some children while putting it in trust for another child •Leaving one child's inheritance outright while leaving another child's inheritance in trust.”
Estate of Denial:  “The California Court of Appeal established an important new legal protection for unmarried partners who are wrongfully prevented from inheriting property from each other when one partner dies. The Court of Appeal ruled in favor of the surviving same-sex partner of a deceased Southern California man in a lawsuit alleging that the deceased partner’s sister had intentionally prevented him from signing a will that would have left a share of his property to the surviving partner. The two men were not married and were not registered domestic partners, but had been in a committed relationship for nearly ten years. The surviving partner, Brent Beckwith, filed the suit against his deceased partner’s sister, Susan Dahl, after the Los Angeles Superior Court ruled in
Estate of Denial:  “EMI Music could lose its grip on one of the most famous pieces of film music ever created — “The Pink Panther Theme,” written by the late Henry Mancini for the 1963 film. Late last month, Mancini’s publishing company, Northridge Music Inc., controlled by the composer’s heirs, filed a claim at the American Arbitration Association that seeks more than $1.35 million in unpaid “net profits” on music for The Pink Panther film. The heirs are also seeking punitive damages and want EMI’s administration rights terminated due to alleged malfeasance and breach of fiduciary duty.”
The Columbus Dispatch:  “My brother Ross recently died of complications from lung cancer. He was 40. Ross left a wonderful personal legacy. He was a good father, friend and coach. He was a dedicated educator who devoted his career to working with children with emotional, developmental and physical disabilities. But like many Americans, my brother failed to take care of his financial affairs even after receiving word that his cancer had progressed and he might not have long to live. He just wouldn’t or couldn’t follow through on advice to prepare a will. Tragically, he was a single parent who left no written instructions regarding guardianship for his 3-year-old son. Death is hard enough to deal with, but toss in a family with unresolved issues,
Huffington Post:  “As an estate planning attorney, I am often asked to transfer clients homes into their children's names. The reasons given for the request include a desire to avoid probate, reduce estate taxes and to protect the home in event of long-term care claims. These are certainly worthy objectives. However, transferring your home to your children is a clumsy method of trying to accomplish your estate-planning goals. Having counseled thousands of families over the years, I can tell you that this well-intentioned transfer is more likely to do harm than good.”
Record Online:  “The world is a different place today than it was in 1950. Back then, the majority of families were similar in makeup: father, mother, kids, dog, house and car — the Ozzie and Harriet paradigm. Elder law estate planning in those situations often followed very predictable patterns. The surviving spouse received the assets after the first death, and the children split the remaining assets when the second parent moved on. Family situations have changed, and “blended families,” those with children from a previous marriage, are on the rise. Plus, the law has changed, with different tax situations, legal tools, long-term care concerns and other realities forcing elder law estate plans to take more into account.”
Wills, Trusts & Estates Prof Blog: “Over a quarter century ago, Michael Jackson agreed to become the voice of the Pepsi brand. Now, three years after the singer’s death, PepsiCo Inc. is acting on an agreement with Jackson’s estate to produce Pepsi cans with Jackson’s silhouette printed on the side as part of its new global marketing campaign—'Live For Now.'”
Probate Lawyer Blog:  “The New York Times recently featured a fascinating article called The Battle for a Comic-Book Empire That Archie Built. It detailed the ongoing legal battle over the two dueling CEO’s of Archie Comic Publications. On one side is Jonathan Goldwater, the son of John L. Goldwater who was one of three founders of the company and the visionary behind the Archie character, created in 1941. Goldwater became a co-CEO and controller of one-half interest in the company after his half-brother, Richard Goldwater, died in 2007. Nancy Silberkleit is the widow of the son of another founder, Louis Silberkleit. She was a schoolteacher who became co-CEO when her husband, Michael Silberkleit, died in 2008. By that time, a long-time employee and editor-in-chief, Victor

Why You Don't Want To Die Without A Will

Posted on May 9, 2012
Category: Wills
Silive.com:  “As the Staten Island public administrator, Gary Gotlin knows the many pitfalls of dying without a last will and testament, also known as dying intestate. It’s his job to supervise the estates of individuals who die without this very important legal document and have no close relatives or known heirs to manage their affairs. If no heirs are tracked down after an exhaustive search, the assets go to the city of New York, he explained. If heirs are found, but you didn’t make your wishes known legally, the state is forced to distribute your assets according to its own judgment. It basically leaves you without say over who gets what.”