Arizona Estate Planning

Courtney Love Loses Publicity Rights to Kurt Cobain’s Image

Estate of Denial: “Courtney Love’s control over the estate of Kurt Cobain continues to slip. In 2009, Cobain’s drug- and alcohol-troubled widow lost custody of their only daughter, Frances Bean Cobain. Now, according to sealed documents exclusively obtained by The Fix, 19-year-old Frances has taken over control of the publicity rights for the Nirvana icon’s name, likeness and appearance.

“Publicity rights are potentially worth a fortune,” says Jonathan Faber, an attorney and managing partner of Luminary Group, who once represented Kurt’s estate in policing copyright infringement and investigating licensing opportunities. “They amount to the intellectual property rights.”

The documents show that Love agreed to step down as Acting Manager of End of Music LLC—the business entity responsible for generating cash from Cobain’s publicity rights—once she’d received a $2.75 million loan from Frances’ trust fund in 2010. The massive loan was transferred from Frances’ fund to EOM in Los Angeles, and then into an account held by Courtney’s then-lawyers, Pryor Cashman, in New York. Until Courtney pays it back, she won’t receive a dime from Kurt’s name, likeness or appearance from the deals formed by Frances and her advisers since December 2010.”

On the Net2016-12-13T20:33:30-08:00May 8th, 2012|Rich & Famous|

Warnber Bros. Scores Big Victory In Fight Over Superman Rights

Estate of Denial: Warner Bros., and its DC Comics division has won the right to use potentially damaging documents in its fight to retain the rights to Superman. The heirs of the Superman creators, Jerry Siegel and Joe Shuster claim that the rights to Superman should revert to them in 2013. Three U.S. Court of Appeals judges ruled Tuesday that Warner Bros. can use documents showing that one of the heir's prior attorneys threatened to disclose an alleged settlement with the studio if the heirs worked with a different attorney. Warner Bros. hopes the documents will help in its fight to retain the rights to Superman. The attorney for the heirs claims the documents were stolen.

On the Net2012-04-25T16:14:31-07:00April 25th, 2012|Rich & Famous|

Ray Charles Foundation Sues Ray Charles’ Kids

Estate of Denial: “The Ray Charles Foundation seeks as much as $3.5 million from seven of the late singer’s 12 children, whom the foundation claims, in Federal Court, were unhappy with their inheritance and wrongly terminated the transfer of copyrights to dozens of Charles’ songs to the foundation.

Ray Charles’s legacy and estate has been the subject of acrimony and litigation almost since the moment the singer died of liver disease in Beverly Hills, in June 2004. The string of lawsuits that followed revolved around the rights to – and proceeds generated by – recordings, photos and film images of the star.

According to the latest lawsuit, from lead plaintiff Raenee Robinson, Ray Charles gathered most of his 12 children — including five of the seven defendants (two were then incarcerated) – in Los Angeles in December 2002 to tell them what he intended to provide for them upon his death.”

On the Net2016-12-13T20:33:31-08:00April 18th, 2012|Estate Fights, Rich & Famous|

Will Battle Over Lee Harvey Oswald’s Tombstone

Estate of Denial: “A small Illinois museum is being threatened with a lawsuit after it was revealed to be the home of Lee Harvey Oswald’s tombstone, the sniper who assassinated President John F. Kennedy in 1963.

It has cropped up at Wayne Lensing’s Historic Auto Attractions museum in Roscoe among other historical artifacts including Elvis Presley’s 1972 Lincoln, the Mayberry squad car from The Andy Griffith Show and three Batmobiles.

To the unwitting visitor the tombstone fits right into the quirky museum, around the corner from Richard Petty’s 1960 stock car and a few steps from a Cadillac covered in 120,000 coins.

But the story of the 130-pound granite slab is shrouded in mystery.”

On the Net2012-04-13T09:57:20-07:00April 13th, 2012|Estate Fights, Rich & Famous|

Nurse Will Probably Get Most of Huguette Clark’s Estate

Estate of Denial: “The Upper East Side properties owned by the late heiress Huguette Clark hit the market early this month and her Filipina nurse will receive the bulk of the sale.

Edwin Josue, a Filipino real estate broker of Halstead properties, explained that 62-year-old Filipina nurse Hadassah Peri will benefit the most from the sale of Clark’s properties.

The New York Times reported that based on Clark’s second will, Peri will receive 60 percent of the multimillionaire’s various assets, worth about $40 million, including investments and much of her real estate holdings not specifically bequeathed in the will.”

On the Net2012-04-09T09:15:43-07:00April 9th, 2012|Estate Fights, Rich & Famous, Wills|

Britney Spears’ Fiance Named Co-Conservator Of Her Estate

People: “Britney Spears's father is taking an extra step in bonding with his future son-in-law.

Jamie Spears is asking a court to add Jason Trawick as a co-conservator over his pop star daughter, a source confirms to PEOPLE.

Trawick will only have shared legal control over Spears's general well being – not her finances, according to the source. In general, a conservator can make decisions over a person's food, clothing and medical care.”

On the Net2016-12-13T20:33:31-08:00April 9th, 2012|Guardianship, Rich & Famous|

Update: Amy Winehouse Did NOT Have A Will

Probate Lawyer Blog: “Shortly after Amy Winehouse passed away from accidental alcohol poisoning at the age of 27 last July, reports surfaced that she not only had a will, but she had the foresight to update her will after her divorce from ex-husband, Blake Fielder-Civil. These early reports have recently been proven wrong.

Probate records were recently filed showing that Winehouse died intestate, meaning without a valid will. The estate value is listed as £4,257,580 (worth about $6.7 million U.S.) in total assets, but taxes and other debts reduce the value to £2,944,554, or $4.66 million, U.S. Many believed her estate would be worth much more, perhaps as high as $15 to $20 million.

But, let’s not jump to conclusions so quickly. The assets passing through probate court are those left in her individual name when she died. So anything held jointly with someone else, or that had a beneficiary designation (like a life insurance policy), would pass outside of probate, directly to the other person. Also, if Winehouse had a trust — which is unlikely, considering she didn’t have a will — anything held in the trust would also avoid probate. None of these types of assets would be included in her estate value as listed in the probate documents.”

On the Net2016-12-13T20:33:31-08:00April 4th, 2012|Probate, Rich & Famous|

The Story of Disinherited Heirs

Vitals on MSNBC: “Some do it with malice. Others, through a misguided notion that money or family heirlooms don't really matter to the person. Whatever the reason, the plight of the disinherited — or those who may be cut out of the family wealth in the future –has been highlighted by a bitter legal battle between Australia’s “richest mom,” Gina Rinehart, and her three children.

The billionaire says it would be in the “best interests of the beneficiaries to force them to go to work” rather than let them inherit her mining empire.

Then there's Mary Beth Caschetta, whose father cut her out of his will in dramatic movie star style.

“There was a line in my father's will similar to what Joan Crawford used when she disinherited her daughter,” says the 45-year-old medical writer and author from Massachusetts. “‘I leave no bequest to my daughter for reasons known to her.'”

On the Net2016-12-13T20:33:31-08:00April 4th, 2012|Beneficiaries, Estate Fights, Estate Planning, Rich & Famous|

Learning From Etta James’ Estate

Estate of Denial: “The Discovery Channel plans to shoot an episode of its program “The Will” at the Riverside office of Dennis M. Sandoval who, along with attorney Pamela Valencia, will talk about their experiences representing the late Etta James.

James’ son, Donto James, and husband, Artis Mills, challenged each other in court for control of how the ailing singer should be cared for. James died Jan. 20.”

On the Net2012-04-04T11:18:14-07:00April 4th, 2012|Rich & Famous|

Britney Spears Ready to End Conservatorship

Estate of Denial: Britney Spears has been under conservatorship for four years, and she feels that she is now ready to resume control of her life, but her medical doctors don’t think she is ready yet, RadarOnline.com is exclusively reporting.

As previously reported, Spears was in court last Thursday with her dad Jamie Spears, and fiancé, Jason Trawick to meet with JudgeReva Goetz. The judge wanted to discuss with Britney the possibility of her becoming a part of Simon Cowell‘s The X Factor.

The pop music queen has told her psychiatrist and her court appointed lawyer, Samuel Ingham, that she’s now ready to go it alone, but it looks like that won’t be happening anytime soon.

Continue reading Britney Spears ready to end conservatorship.

On the Net2012-04-03T16:55:34-07:00April 3rd, 2012|Guardianship, Rich & Famous|

SC AG Refuses Freedom of Information Act Requests For James Brown Documents

ABA Journal: The Freedom of Information Act (FOIA) requires every public official to release public documents within 15 business days of an FOIA request. The government official is required by law to comply, whether the request is made by the press or by the public. The office of the Attorney General (AG) has the responsibility of enforcing the law.

Ironically, it is that very office which has fought for eight months to dodge and delay every FOIA request submitted by Newberry resident and former James Brown trustee Adele Pope.

Among the FOIA requests Pope filed last summer with the AG’s office:

1) Pope asked for a copy of the Legacy Trust. This is the trust created by former AG Henry McMaster when he took over Brown’s $100 million music empire in the 2009 settlement deal with six of Brown’s alleged children and his companion, Tomi Rae Hynie.

2) Pope requested documents related to why the Legacy Trust trustee, who was appointed by McMaster and serves at Wilson’s pleasure, valued the music empire of legend James Brown at less than $4.7 million upon his death on Dec. 25, 2006. (For several years, Brown had earned royalties of $4-5 million a year.)

Continue reading SC AG refuses Freedom of Information Act requests for James Brown documents.

On the Net2012-03-27T10:16:16-07:00March 27th, 2012|Estate Fights, Rich & Famous|

Whitney Houston’s Estate Plan Was Not Ideal

Probate Lawyer Blog: Whitney Houston’s will was recently revealed, after it was filed with the probate court to open her estate, in Atlanta, Georgia. As expected, it named Bobbi Kristina as Whitney’s sole beneficiary. Beyond that, it was surprising for several reasons.

First, the fact that Whitney relied on a will — signed back in 1993 no less — instead of a living trust is troubling. We’re talking about the woman who signed the largest recording contract in history! If anyone should have thorough estate planning, including a living trust, it was Whitney.

Why? Wills have to pass through probate court to be effective, which makes them public record. That’s why information about the contents of her will is all over the internet. Inside Edition, for example, posted a copy of the will, here. In addition to be public, probate can be expensive, time-consuming, and a breeding ground for family fights.

Continue reading Whitney Houston's estate plan was not ideal.

On the Net2016-12-13T20:33:32-08:00March 23rd, 2012|Estate Planning, Rich & Famous, Trusts, Wills|

Zsa Zsa Gabor’s Husband Responds to Conservatorship Request

Estate of Denial: The feud between Zsa Zsa Gabor‘s ninth husband, Frederic Prinz von Anhalt, and her only daughter, Constance Francesca Hilton, has once again been ignited. On Tuesday, March 20, Hilton filed for conservatorship over her mother’s finances and medical care, leading von Anhalt to hold a press conference at hi shome.

Reacting to Hilton’s conservatorship request, von Anhalt told reporters, “My wife doesn’t complain. She says she’s in a good condition, she feels good.” The 68-year-old added that Hilton is picking on him “at the worst times,” explaining, “We are right now going through a very hard time, my wife and me. We have to sell our property in order to pay our debts. My wife has $6 million in debts.”

In her petition, Hilton questioned why von Anhalt took out a $700,000 loan on Gabor’s $10 million Bel Air mansion, which reportedly is in foreclosure. While von Anhalt admitted to borrow the money, he said the debt was caused by Hilton who wrongfully refinanced the house years ago.

Continue reading Zsa Zsa Gabor's husband responds to conservatorship request.

On the Net2012-03-23T10:10:47-07:00March 23rd, 2012|Estate Fights, Guardianship, Rich & Famous|

Britney Spears Heads to Court, Conservatorship May be Ending

Estate of Denial: Britney Spears appeared in Los Angeles County Superior Court this morning in a progress hearing for her conservatorship, which reports say may soon be over.

Spears arrived for her appearance in a red turtleneck paired with white flared pants. She walked ahead of fiancé Jason Trawick, reaching back to hold his hand. The two were accompanied by Spears’ father, Jamie Spears, who oversees the conservatorship.

While Judge Reva Goetz sealed the courtroom at 8:30 a.m., barring the public from hearing discussion of Spears’ “medical issues and financials,” sources say that the topic of discussion was restoring the pop star’s control of both her finances and business affairs.

Continue reading about Britney Spears going to court regarding her conservatorship.

On the Net2016-12-13T20:33:32-08:00March 23rd, 2012|Guardianship, Rich & Famous|

Court Assistance Requested in Zsa Zsa Gabor Case

Estate of Denial: The judge who oversees Britney Spears’ conservatorship will consider a request to appoint a conservator to oversee Zsa Zsa Gabor’s finances and medical care.

Los Angeles County Superior Court Judge Reva Goetz scheduled a hearing for May 2 for the conservatorship petition filed Tuesday by Francesca Hilton, Gabor’s daughter.

The Hungarian-born actress was once one of Hollywood’s most glamorous women, but a broken hip and leg amputation in the past two years have left her confined to a bed.

Hilton contends that Gabor’s ninth husband, Prince Frederic von Anhalt, is keeping her “increasingly isolated” and “heavily sedated,” and she questions his handling of Gabor’s finances.

“What Ms. Hilton is seeking here is for the court to make sure that Zsa Zsa’s best interests are not being sacrificed for the selfish interests of anyone involved in Zsa Zsa’s life,” said Hilton lawyer Kenneth Kossoff.

Continue reading about the court assistance requested in Zsa Zsa Gabor's case.

On the Net2012-03-21T12:07:37-07:00March 21st, 2012|Estate Fights, Guardianship, Rich & Famous|

Should Britney Spears’ Conservatorship Be Ended?

Forbes: The once-troubled pop star sure has been in the news a lot lately. Settling lawsuits, postponing her wedding, negotiating to be a judge on The X Factor, putting one of her mansions up for sale. It makes you wonder … is Britney Spears making any decisions about her life, or does her father, as her Conservator, decide everything?

Several months ago, we wrote how her father, Jamie Spears, was using the conservatorship to insulate Britney from lawsuits, including one by a company called Brand Sense. The company had sued Britney for breach of contract, after Team Britney cut Brand Sense out of profits from her perfume deal with Elizabeth Arden. Because Britney had been declared mentally incompetent, which justified the conservatorship, her father and their attorneys were able to keep Britney from being questioned under oath in a deposition for the lawsuit.

Continue reading whether Britney Spears' conservatorship should be ended.

On the Net2012-03-20T11:29:12-07:00March 20th, 2012|Guardianship, Rich & Famous|

Whitney Houston’s Heirs May Never See Any Money

Estate of Denial: If Whitney Houston’s heirs are counting on royalties from her record company Sony, they may soon feel like paupers.

On Wednesday, music-industry blogger Wayne Rosso quoted a label executive “familiar with Sony’s accounting” who said the late singer’s estate probably won’t see any royalty checks from her record label “in our lifetime” — and maybe longer — thanks in part to the number of advances and loans she took from the $100 million deal she cut with Sony Music in 2001.

On Wednesday, Rosso, an outspoken veteran of the music business who has consulted for CBS, Island, MCA, Arista and RCA Records, to name just a few labels, posted a report in his Wayne’s World blog titled, “Whitney to Sony: I Will Always Owe You.”

In it, Rosso estimated that Houston would have to posthumously sell more than 5 million albums “to repay her advances and start to get royalty checks. ”

Continue reading why Whitney Houston's heirs may never see any money.

On the Net2016-12-13T20:33:32-08:00March 15th, 2012|Rich & Famous|

Estate Planning Lessons to be Learned from “The Descendants”

Forbes: Estate planning doesn’t often make it to the Academy Awards. But that’s happened this year, with The Descendants nominated for Oscars in five categories, including best picture, best actor (George Clooney) and best director (Alexander Payne).

Based on the novel by Kaui Hart Hemmings (see related story here), it’s a multi-layered story about Matt King (played by Clooney), a rich trial lawyer in the throes of a midlife crisis and personal tragedy. His wife Elizabeth has been injured in a boat race accident and lies in a coma, leaving him to care for his two daughters—the precocious 10-year-old Scottie (Amara Miller) and rebellious 17 year-old Alexandra (Shailene Woodley). Meanwhile, he discovers that his wife has been having an affair and planning to divorce him.

While these plots and sub-plots dominate our attention, the movie title refers to the fact that King is the descendant of a wealthy white banker and a Hawaiian princess. They left valuable real estate on Kauai in a trust. With that trust about to end, King must decide whether to sell the land to a developer, enriching himself and his greedy cousins.

To most viewers, estate planning themes are secondary to the film’s other dramas. But it turns out that the legal issues were painstakingly developed and fact-checked. On location in Hawaii in March, 2010 to get the lay of the land and soak up its culture, Alexander Payne, the director, consulted Randall Roth, a professor at the University of Hawaii School of Law and a nationally known trusts and estates expert.

Continue reading about estate planning lessons to be learned from The Descendants.

On the Net2016-12-13T20:33:35-08:00March 7th, 2012|Estate Planning, Rich & Famous|

Estate Planning Lessons To Be Learned From Whitney Houston’s Death

Findlaw: Whitney Houston's unexpected death at age 48 is tragic, but it also offers lessons in estate planning: It's never too early (or too late) to create a will, and it's also a good idea to create a separate document to spell out funeral and burial plans.

Whitney Houston's funeral is set for Saturday in New Jersey, at the church where the singer first took to the stage, Reuters reports. But there was a family dispute about Houston's burial plans: Some wanted her buried in New Jersey, others in Atlanta, according to the website TMZ.

Such disagreements may have been avoidable, had Whitney Houston left her final wishes in writing — and not just in a will.

Indeed, Whitney Houston did leave a will, which likely names her only child Bobbi Kristina Brown, 18, as her main beneficiary, ABC News reports. But the probate process can take months, and a person's will may not be accessible during that time.

Read more about estate planning lessons to be learned from Whitney Houston's death.

On the Net2016-12-13T20:33:35-08:00February 17th, 2012|Estate Planning, Rich & Famous|