Arizona Estate Planning

Contrived Probate Disputes Hard To Avoid

Estate of Denial: Call us jaded, but suggestions of how to avoid “unforeseen” estate issues never seem to take into account the real ugliness at work in today’s world whereby individuals – both inside and outside the legal profession – often contrive probate disputes. All the “proper estate planning” in the world can’t stop an estate from being targeted by any combination of determined disgruntled family members, wannabe heirs and unscrupulous legal professionals.

Here at Estate of Denial®, we term such acts an Involuntary Redistribution of Assets (IRA) defined simply as the use of probate venues and/or probate instruments (wills, trusts, guardianships and powers of attorney) to divert assets from intended heirs or beneficiaries. IRA cases certainly involve a looting of assets – often of the dead, disabled, incapacitated and/or their heirs or beneficiaries, but with guardianships, it can also involve a hijacking of basic civil liberties.

And a fight within any of these scenarios often becomes an eye-opening experience that exposes the self-interested, protectionist nature of the legal industry which comprises lawyers, judges, court-related personnel and other officials (elected officials, law enforcement, etc.) or professionals utilizing our legal system to pursue goals counterproductive to the general public’s interests in their individual or collective capacities or both. Rarely does one walk away from these experiences with increased respect for the law or confidence in the “rights” alleged to protect Americans from an assortment of harms.

On the Net2016-12-13T20:33:40-08:00August 30th, 2011|Estate Fights, Estate Planning, Probate|

Entertaining Will Challenge

Wills, Trusts & Estates Prof Blog: Stan Rule (Attorney, British Columbia) posted a blog on the Rule of Law Bolg on August 20 entitled Estate of Watts. The blog discusses a humorous will challenge
involving a woman’s bequest to her husband. The blog is below, in full:

Although I don’t recommend taking shots at family members from the grave in your will, it can make for entertaining reading.

I came across a case from New Brunswick, In re Estate of Watts, 1933 CarswellNB 9 (S.C. App. Div.) in which the will-maker left to her husband the sum of $1 “as memento of the manner in which my husband treated me during our married life.”

Her husband was not overly pleased with the will. After her death he challenged it in court. He argued that she was under an insane delusion that he had been unfaithful to her, and accordingly that she did
not have the mental capacity to make the will. If the Court found that the will-maker was influenced in her decision to essentially disinherit her husband by an insane delusion about him, then she likely was incompetent and the will invalid. There was evidence that she did indeed believe that her husband was
unfaithful.

On the Net2016-12-13T20:33:44-08:00August 25th, 2011|Estate Fights, Wills|

Importance of Estate Planning Highlighted By Death of Real Housewives’ Husband

On Wall Street: Russell Armstrong was the 47-year old husband of “Real Housewives of Beverly Hills” cast member Taylor Armstrong. Tragically, Russell committed suicide on August 15th about one month after Taylor had filed for divorce. Russell was reportedly distraught over how the Bravo TV Show was going to portray him in this upcoming season. His unexpected suicide took his whole family by
surprise.

The already sad situation turned even uglier a few days ago when attorneys for the family members began to argue, publicly, about his funeral. Russell's attorney told numerous media outlets that Taylor had not told Russell's parents or sister about the burial arrangements. In fact, he blasted Taylor and her attorney saying:

“I am deeply disgusted that Taylor would use her family law attorney to create cover, by lying to me over a period of days, on her behalf in writing that she would share the funeral location and time with my client's mother, father, sister and other family members. Instead, no one has contacted them and
it is apparent now that Taylor is using this death to further injure the Armstrongs. As if filing for divorce was not enough, this act of cutting out his mom, dad and sister is, frankly, despicable.”

Taylor's attorney, of course, refuted these reports. Taylor originally said she wanted to bury Russell in a cemetery in Los Angeles, but the family insisted he be returned to them in Texas.

On the Net2017-10-07T11:14:44-07:00August 23rd, 2011|Estate Fights, Estate Planning, Rich & Famous|

Another Bad Day For Anna Nicole Smith’s Estate

Estate of Denial: Rarely these days does anything positive come out of Washington D.C., but yesterday yielded a piece of good news.

Estate of Denial® has written many times about the effort to extract assets from the estate of J. Howard Marshall II, an effort started by Anna Nicole Smith in the mid-90s and continuing since then due to her estate’s ongoing legal action. In June, after the case’s second trip to the Supreme Court, the justices upheld a ruling that gave Smith’s estate no part of the Marshall assets.

On the Net2011-08-17T09:21:08-07:00August 17th, 2011|Estate Fights, Rich & Famous|

Michael Jackson Estate Battle Continues

Estate of Denial: Katherine Jackson’s former attorneys are continuing their legal battle against her son’s estate and in their latest filing, have asked the court to award them $350,000 for costs and fees they say were run up in the days immediately following Michael’s death in 2009.

In the court documents obtained by RadarOnline.com, the fees and costs the firm of Rosenfeld, Meyer & Susman are requesting are termed “reasonable under the circumstances,” of Katherine briefly taking control of Michael’s estate, and even include $18,000 incurred in connection with Michael’s funeral!

On the Net2011-08-15T08:49:31-07:00August 15th, 2011|Estate Fights, Rich & Famous|

Heirs Sue Wells Fargo For Failing To Comply With Reverse Mortgage Rules

Estate of Denial: Wells Fargo & Co. (WFC) was accused in a group lawsuit of ignoring federal rules on reverse mortgages and forcing homes into foreclosure instead of giving heirs a chance to buy them.

Estates and surviving spouses have the right to purchase properties at 95 percent of appraised value after the death of a borrower who took out a federally insured reverse mortgage, lawyers for a California man said in the complaint filed Aug. 3 in federal court in San Francisco.

Wells Fargo hasn’t been notifying heirs of this right and has been starting foreclosures if demands aren’t met for repayment of the full mortgage balance, according to the complaint filed by the son of a California homeowner. The plaintiff, Robert Chandler, also sued the Federal National Mortgage Association, or Fannie Mae.

On the Net2011-08-10T09:28:40-07:00August 10th, 2011|Estate Fights|

Fight Continues Over James Brown’s Estate

Forbes: The Godfather of Soul passed away on Christmas Day, 2006, and generously left his $100 million fortune to a special trust set up to help poor and needy children. Yet, four-and-a-half years later, not one child has seen a cent. Why?

The court battle over his final wishes has dragged on … and on … and on, as court fights often do. While most estate fights are devastating for family members, both emotionally and financially, this one has affected many more — those that needed help the most. How did this happen?

James Brown passed away with at least nine children, three ex-wives, and a woman who may or may not have been his widow. This woman, Tomi Rae Hynie, was technically still married to another man when she tied the knot with James Brown (although that marriage was later annulled, reportedly). Hynie also had a child named James Brown, II, which may or may not have been fathered by Brown. To complicate the estate, Brown never updated his will or trust during his five-year marriage to Hynie, so it was unclear if he did or did not want to include Hynie or his new son.

On the Net2016-12-13T20:33:44-08:00August 9th, 2011|Estate Fights, Estate Planning|

Judge Rules for Marvel in Suit Brought by Kirby Heirs

Estate of Denial: A federal judge in New York has ruled in favor of comic book publisher Marvel Worldwide in a dispute over who owns the rights to such popular characters as the Fantastic Four, Spider-Man, the X-Men, Iron Man and the Incredible Hulk.

The heirs of comic book artist Jack Kirby sought to assert their rights to such iconic characters in 2009, shortly after Disney announced it would acquire Marvel for $4 billion. Kirby’s estate filed 45 notices of copyright termination, seeking to take back rights to characters created from 1958 to 1963, which they claimed were Kirby’s creations.

Marvel argued that Kirby’s work constituted “work for hire” — that it was done by a freelance artist, under the direction and control of a company, which therefore retained the rights for such creative works.

On the Net2011-08-08T09:20:53-07:00August 8th, 2011|Estate Fights, Rich & Famous|

Power of Attorney Co-Agent Conflicts

Wills, Trusts & Estates Prof Blog: Conflicts can arise when two individuals are co-agents under a power of attorney. Sometimes these conflicts require a court’s intervention before a resolution can be reached.

If a co-agent suspects a conflict is imminent, the first step is to check the actual wording of the power of attorney document. If the document contains procedures for resolving disputes, the co-agent should follow those procedures. If the document is silent on conflict resolution procedures, a co-agent should consult with an attorney for guidance on state power of attorney laws.

Individuals who wish to name co-agents but want to minimize potential conflict can name two agents and have them act independently. Another option is to name agents in sequence, meaning the first agent acts alone but should he be unable to serve, the next agent listed will serve.

On the Net2011-08-05T09:42:15-07:00August 4th, 2011|Estate Fights, Estate Planning|

Estate Litigation On The Rise

Wealth Counsel Estate Planning Blog: It is no secret that the population throughout the U.S. is aging. According to the U.S. Census Bureau, the number of seniors 65 years or older currently exceeds 38.6 million persons. This number is anticipated to swell by over 24 million over the next decade. While the baby boomers continue to age, a myriad of resulting senior issues have arisen including an overall increase in estate litigation. Disputes arising out of the execution of an estate plan, or the management of an existing estate, have increased lockstep with our aging population. Nationwide statistics are unavailable; however, from my personal perspective, over the last ten years the probate courts in California have become inundated with estate contests. In speaking with colleagues, I have found that this phenomenon is symptomatic across the country.

On the Net2017-10-07T11:13:36-07:00July 28th, 2011|Estate Fights, Estate Planning|

Battle Over Rosa Parks’ Estate

The Probate Lawyer Blog: Civil rights icon Rosa Parks passed away at the age of 92 on October 25, 2005, in Detroit, Michigan. Almost six years later, her legacy is still tied up in a lengthy court battle. The case features allegations of abuse, cronyism and corruption by the probate judge as well as the two lawyers he appointed to oversee the estate and trust.

It also involves who will receive all of the considerable civil rights memorabilia owned by Rosa Parks when she was alive, and even the rights to use her name and likeness.

Parks' will and trust left the majority of her assets to the Rosa and Raymond Parks Institute for Self Development, operated by Rosa Parks' longtime friend, Elaine Steele. Parks and Steele had formed this Institute. Steele says she was close to Parks for 45 years and that Parks looked at her as the “daughter she never had.”

On the Net2016-12-13T20:33:45-08:00July 28th, 2011|Estate Fights, Rich & Famous|

Battle Over Musician Jim Reeves’ Estate May Be Ending

Estate of Denial: It’s a Nashville saga worthy of its own country music song.

“Gentleman” Jim Reeves was a velvet-voiced country crooner famous for his tuxedos, his clean-cut good looks and lovelorn lyrics such as: “Put your sweet lips a little closer to the phone.”

He died in a fiery Brentwood plane crash in 1964 at the age of 39.

Today, the fate of potentially millions of dollars in current and future royalties from his singing career remains in question.

On the Net2011-08-05T09:51:45-07:00July 28th, 2011|Estate Fights, Rich & Famous|

Texas Cases Shed Light on Estate Abuses

Estate of Denial: Two legal cases with central Texas ties provide interesting opportunity to discuss questionable probate actions. Anna Nicole Smith – and now her estate’s – pursuit of J. Howard Marshall II’s multi-million dollar estate has long made headlines and a recent court filing could open a new front in an action already ongoing for 15+ years. Meanwhile, the indictment of Waco attorney Ray Rushing along with former caregiver Melissa Adler presents an important example of another path by which alleged estate abuse can occur. While one case is a civil action and the other is criminal, while one involves a high-dollar estate and the other more modest asset values, the public must become aware of the dangers posed by Involuntary Redistribution of Assets (IRA) actions in which probate venues and probate instruments (wills, trusts, guardianships and powers of attorney) are used to divert assets from the dead, disabled, incapacitated and/or their intended heirs or beneficiaries.

On the Net2016-12-13T20:33:45-08:00July 26th, 2011|Estate Fights, Estate Planning|

Dividing Your Estate Between Adult Children

Wills, Trusts & Estates Prof Blog: A reader of Money Magazine recently submitted the following question: “All of our children are adults. One is always asking us for financial help; the others manage on their own. Can we take this “extra help” into account when we divide our estate in our will?” A few of the reader opinions and the expert opinion given by the magazine are below…

On the Net2011-08-05T09:54:42-07:00July 25th, 2011|Estate Fights, Estate Planning|

More Fighting Over Farrah Fawcett’s Trust

Probate Lawyer Blog: Ryan O'Neal is at it again. He and Craig Nevius, a Hollywood producer who used to work closely with Farrah Fawcett, are in the midst of more legal fighting against one another.

Initially, they both sued, each claiming the other had exploited Fawcett while she was sick from the cancer that claimed her life. Why? They both said the other had taken advantage of her to produce a documentary about her life and her sickness. Those lawsuits ended when Nevius ran out of money for legal fees.

Now, he has no choice but to continue fighting. Ryan O'Neal — Farrah's ex and father to Farrah's son — has sued Nevius again. What's at stake this time? It's all about the art.

Specifically, a certain, famed Andy Warhol painting of Fawcett in O'Neal's possession. O'Neal says Warhol gave it to him years ago. Not everyone thinks he's being honest though.

On the Net2016-12-13T20:33:45-08:00July 20th, 2011|Estate Fights, Rich & Famous|

How To Prevent A Fight Over Your Estate

Forbes: Did dad know what he was doing when he signed a will leaving the bulk of his estate to his caregiver daughter, leaving her siblings with much less? Did mom mean to disinherit her only child or was it a mistake? Did grandma mean for her daughters to split her jewelry collection with their brother’s wife?

These kinds of questions are at the heart of estate fights. Whether it’s thousands of dollars at stake or millions, whether you expect a fight or anticipate peace among the beneficiaries of your estate, there are things you can do while you’re alive to avoid a protracted battle over your estate after your death.

On the Net2016-12-13T20:33:45-08:00July 19th, 2011|Estate Fights, Estate Planning|

Heirs of Zsa Zsa Gabor Line Up At Deathbed

The Trust Advisor Blog: Even though 94-year-old Zsa Zsa Gabor is not dead yet, a super-size family dispute has begun. On one side her husband, on the other, heirs from 9 marriages. Each claim an inheritance they were promised from a sea of confusing estate plans experts say went way off course.

It’s just as well that Hollywood legend Zsa Zsa Gabor probably has no idea that her ninth husband and only daughter have started bickering over her estate while she’s still alive.

On the Net2017-10-07T11:13:36-07:00July 12th, 2011|Estate Fights, Rich & Famous|

Dennis Hopper Engaged in Nasty Trust Battle

Estate of Denial: Celebrity heirs fighting over the estate is far from uncommon … the Trial & Heirs Blog never has a shortage of material to cover. But, it is unusual when an ugly court battle starts before the celebrity dies and then only continues to grow more heated as time passes. That certainly has been the case with the Dennis Hopper Estate.

The Easy Rider star filed for divorce from his fifth wife, Victoria Duffy-Hopper, in January, 2010. Victoria is about six years younger than Dennis’ oldest child, daughter Marin Hopper. The two have been feuding for some time now.

On the Net2011-07-11T08:40:23-07:00July 11th, 2011|Estate Fights, Rich & Famous|

Sibling Rivalries Can Complicate Parents’ Estate

Sun Herald.com: Who gets Mom's wedding ring? When siblings look at what a parent leaves behind as their inheritance, it's not always easy to sort out who gets what.

On the Net2016-12-13T20:33:46-08:00June 28th, 2011|Estate Fights, Estate Planning, Trusts, Wills|