Overland Park Attorney

Desmond Tutu Peace Trust Shut Down

One of the trusts created by retired Archbishop Desmond Tutu was quietly dissolved earlier this year in the wake of a family feud.

Desmond Tutu won the Nobel Peace Prize for his efforts to end racism and corruption in South Africa. He is generally regarded as an international moral authority.

Unfortunately, his family life has been anything but peaceful.

Previously, Tutu filed criminal charges against his granddaughter for allegedly smashing up property in his home. Now, one of his trusts has been dissolved.

Some board members claim the trust was dissolved to spare Tutu embarrassment over his daughter Mpho Tutu’s attempt to "hijack" the trust. She claims that the trust was attempting to raise money for a peace center and that proved impossible, so the trust was dissolved amicably.

The Telegraph reported the family squabble in an article titled "Desmond Tutu's daughter 'tried to hijack one of his trusts'."

There are two lessons to be learned from this story. First, no matter the reputation of someone creating a trust or an estate plan, there is no guarantee that heirs will behave in the same way. Second, a trust should be drafted so if there are problems and board members cannot get along, the trust can be dissolved or board members can be replaced. This appears to have been the case with this trust.

It is important to make sure that a trust has contingency options for these types of situations.  An experienced estate planning attorney can help you anticipate such potential issues.

If you want to learn more about Estate Planing in Overland Park, KS (and throughout the rest of Kansas and Missouri), please visit my Estate Planning website.

Reference: The Telegraph (May 31, 2015) "Desmond Tutu's daughter 'tried to hijack one of his trusts'."

 

 

Dispute over MLK's Estate May Be Coming to an End

Over the years there have been several disputes concerning the estate of Martin Luther King Jr. The latest has pitted his children against each other. It now appears that a settlement might be forthcoming.

Many of the personal effects of Martin Luther King Jr. being held by his estate have great monetary value. Because of this, his two sons acting on behalf of the board of the estate decided to sell his Nobel Prize medal and his personal Bible.

However, King's daughter opposed the idea and sought to block the sale as she believes the heirlooms are too precious and meaningful for the family to sell.

The feud is currently in the process of making its way through the court system.

Recently, the parties asked the judge to appoint a mediator to help resolve the dispute as they believe that they are close to reaching a settlement to end the battle.

Reuters reported the story in a recent article titled "Dispute over Martin Luther King Jr's Bible, Nobel medal heads for mediation."

Mediation is often a great way to resolve legal issues, including fighting over an estate. A mediator helps the parties reach a mutually agreeable resolution, which is usually better than having a judge decide the matter on a winner-takes-all basis.

In this particular case, there is no news on how the parties think they might be able to settle their differences, but the fact that they are willing to negotiate is a good sign.

Contact an experienced estate planning who can help you express your wishes regarding any of your personal items with sentimental or historical value.

If you want to learn more about Estate Planing in Overland Park, KS (and throughout the rest of Kansas and Missouri), please visit my Estate Planning website.

 Reference: Reuters (May 27, 2015) "Dispute over Martin Luther King Jr's Bible, Nobel medal heads for mediation."

 

 

The Importance of Following Through

Often after starting a legal matter, people neglect to follow through with them in good time. A recent case in Pennsylvania illustrates why that is not always a good idea.

When Kathleen Talerico filed for divorce, she and her husband separated. For three years, Talerico did not follow up on the divorce. Both she and her husband had affairs with other people.

Nevertheless, as is common with many on-again-off-again marital relationships, they remained in each other's lives and talked often.

One night while out at a party, Talerico's boyfriend beat her severely enough to cause internal bleeding in her brain.

She later died at home.

Because she was still married at the time of her death, Talerico’s husband would ordinarily have a right to a portion of her estate. However, as they had been separated a judge found that her husband willfully neglected the marriage and thus was not entitled to a portion of the estate.

The husband is appealing the judge's ruling, as recently reported by The Times-Tribune in a story titled "Spouse of homicide victim fights for share of estate."

What remains unclear about this story is what Talerico herself would have wanted.

Would she have wanted her husband to have a share of her estate?

We will never know for two reasons: First, Talerico did not follow through with the divorce proceedings and, second, in the absence of following through with the divorce she could have made her wishes clear in a properly prepared estate plan.

What this case demonstrates is the benefit to updating your estate plan when you file for divorce.

An experienced estate planning attorney can work in close coordination with your divorce attorney to make sure all of the bases are covered.

If you want to learn more about Estate Planing in Overland Park, KS (and throughout the rest of Kansas and Missouri), please visit my Estate Planning website.

Reference: The Times-Tribune (May 23, 2015) "Spouse of homicide victim fights for share of estate."

 

 

Attorney Disqualification and Estate Administration

When an attorney has a conflict of interest in a case the attorney is not allowed to be involved in the case. A bizarre case in Louisiana illustrates how that principle applies to estate administration.

There is apparently no dispute that Kaci Breen shot her husband, Wayne, in the chest twice. Whether that makes Kaci guilty of murder is the subject of an ongoing sheriff's investigation.

Five days after shooting her husband, Kaci filed a petition with the probate court to have an attorney appointed to find her husband's latest will. Attached to the motion was an older will that named Kaci as the executor of the estate.

Of course, it should go without saying that if Kaci is convicted of murder, she cannot have anything to do with her husband's estate.

A few days later another attorney, representing the grown children, filed a motion to have Kaci's attorney removed from the case due to a conflict of interest.

Why?

It turns out that her attorney’s firm has a close relationship with the very sheriff's department that is investigating the possible murder. Kaci's attorney submitted a long response in opposition, but did withdraw from the case.

Intrigued?

The New Orleans Advocate has more to read on the story in an article titled "Legal battle begins over slain doctor's estate."

Obviously, a lot is going on in this estate case and it is far too early to speculate on how the estate will eventually be divided. The key point right now is that an attorney can be removed from an estate case if that attorney has a conflict of interest.

Here the conflict arose because the firm representing Kaci had an ongoing legal relationship with the same sheriff's department investigating potential murder charges against her, and the results of that investigation will have a dramatic impact on the estate.

If you want to learn more about Estate Planing in Overland Park, KS (and throughout the rest of Kansas and Missouri), please visit my Estate Planning website.

 Reference:  New Orleans Advocate (March 19, 2015) "Legal battle begins over slain doctor's estate."

 

Stealing an Inheritance

Estate administrators are supposed to distribute assets according to the terms of the estate plan. But, what happens if they do not and use some of the money for their own ends? A recent case in the UK shows one of the possible consequences.

Eight days before he passed away, Roy Mitchell married a woman named Judith Brown. Months prior, Mitchell had already changed his estate plan to leave the bulk of his assets to Brown. However, he still stipulated that a portion of his estate was to be divided between his four grandchildren.

As the administrator of the estate, Brown's job was to make sure that the grandchildren received their money. However, she never gave any of the funds to the grandchildren.

Instead, Brown spent it on herself. She has now been imprisoned for two years for theft.

The Daily Mail  has more on the story in an article titled "'Black Widow' who married man on his death bed just eight days before he died is jailed for stealing his grandchild's inheritance."

A criminal conviction and jail time are among the potential consequences awaiting administrators who do not properly distribute an estate under their charge. An administrator can also be forced to pay the money back out of his or her own assets.

This is one reason why an administrator should have an attorney to assist with the estate. Not only can the attorney guide the administrator through the legal hoops, but he or she can help make sure all is done according to the estate plan.

In Brown's case it appears she acted intentionally. However, even if you have no intention of mismanaging the estate, you can be held liable if things go wrong.

Again, it cannot be emphasized too emphatically - you need an attorney to help ensure everything is done correctly.

If you want to learn more about Estate Planing in Overland Park, KS (and throughout the rest of Kansas and Missouri), please visit my Estate Planning website.

 Reference: The Daily Mail (March 12, 2015) "'Black Widow' who married man on his death bed just eight days before he died is jailed for stealing his grandchild's inheritance."

 

More Trouble for Ernie Banks' Estate

The estate administration of the estate of Ernie Banks has been troubled and features a feud between his caregiver and his family. Now the funeral home has entered the fray.

Probating the estate of Ernie Banks has proven difficult due to accusations that his longtime caregiver, Regina Rice, arranged a secret will that left the entire estate to her and disinherited his family for unknown reasons.

Rice claims that the will is legitimate.

Her attorney recently claimed that the estate has assets of only $16,000. The court has ordered a full accounting as the family believes there should be much more.

Now, the funeral home where services were held for Banks has filed a lawsuit against the estate for $35,000 it says it has not been paid. The Star Tribune has more on the story in an article titled "Funeral home jumps into legal battle over Ernie Banks estate with demand for $35,000."

One issue should be obvious here. If Rice is correct about the value of the estate, then the funeral home is owed more money than the estate has.

The other issue is a failure of estate administration.

Normally, one of the first things an executor should do is to ensure payment of the deceased's funeral expenses. The failure to do so allows fees and interest to accrue. If the estate could not pay for the funeral, then a less expensive funeral should have been arranged.

If you want to learn more about Estate Planing in Overland Park, KS (and throughout the rest of Kansas and Missouri), please visit my Estate Planning website.

 Reference: Star Tribune (March 6, 2015) "Funeral home jumps into legal battle over Ernie Banks estate with demand for $35,000"

 

 

Lessons from the Robin Williams Estate

Initially experts believed that the dispensation of Robin Williams' estate would go smoothly. However, that has not turned out to be the case. There are lessons to be learned from what went wrong.

Upon the passing of Robin Williams, along with an immediate outpouring of grief, reports that Williams had done everything correctly with his estate plan appeared. That certainly seemed to be the case at the time. Before taking his own life, Williams had an estate plan in place that appeared to take care of his children and distribute his property. However, now his widow and his children are fighting in court over portions of the estate as it seems they disagree about the meaning of certain provisions in Williams' estate plan.

Recently, the Wills, Trusts & Estates Prof Blog published a list of lessons in an article titled "Learning From the Estate Problems of Robin Williams."

The list includes:

• Specify who gets each particular item, especially if the items are valuable. Williams grouped many of his valuable possessions together in his estate plan. Which specific items belong to which group is a point of contention.
• Hold a meeting of all heirs so that everyone knows who gets what beforehand.
• Have professional witnesses oversee the process so that they can raise appropriate questions about any ambiguities.
• Include provisions in a will that make it difficult to challenge.

Now, would be a good time to review your estate plan with an experienced estate planning attorney to make sure that you have not made any of the same mistakes.

If you want to learn more about Estate Planing in Overland Park, KS (and throughout the rest of Kansas and Missouri), please visit my Estate Planning website.

 Reference: Wills, Trusts & Estates Prof Blog (March 3, 2015) "Learning From the Estate Problems of Robin Williams."

 

Attorney Sued for Defrauding Estate

When someone passes away in an accident, an attorney is often retained by the estate to press claims against those who might be responsible for the accident. If the attorney is not trustworthy or the executor of the estate is not properly watching the attorney, then the estate might end up being the victim of fraud as is alleged in a case in Iowa.

A young man named Bodee Peterson died from injuries sustained in a water skiing accident in 2011. The family hired attorney David Alan Roth to press claims for the estate against the responsible party. A settlement was eventually reached.

The family is now alleging that Roth misled them about the amount of the settlement. Roth was to have set up annuities for Peterson's siblings, something he allegedly failed to do.

A surprise twist to the story? Roth committed suicide a few months ago.

Consequently, the Peterson family is pursuing its claims against his estate.

The WCF Courier has more of the story in an article titled "Bodee Peterson's parents file claim against Roth estate."

A key takeaway from this story is this: if you are overseeing a loved one's estate, it is very important that you hire the right attorney to pursue any claims that the estate has. In addition, stay on top of things. You should contact the attorney regularly so you know what is happening and make sure that the attorney is on top of things.

If you want to learn more about Estate Planing in Overland Park, KS (and throughout the rest of Kansas and Missouri), please visit my Estate Planning website.

 Reference: WCF Courier (February 8, 2015) "Bodee Peterson's parents file claim against Roth estate."

 

Lawsuit over $60 Million Bequest to Disgraced Religious Order

 

Legion of Christ is a Catholic holy order whose founder was found to have molested seminarians and fathered children. A wealthy Rhode Island woman left her entire $60 million estate to the order. Now, the Rhode Island Supreme Court will decide if that woman's niece can sue the order.

While it is not unusual for people to leave a portion of their estates to religious groups they support, it is unusual for them to leave their entire estate to a religious group, especially one that has been disgraced with a scandal.

However, that is exactly what a Rhode Island woman did when she left her entire $60 million dollar estate to the Legion of Christ, a disgraced Catholic order as Fox Newsreports in an article titled "Rhode Island high court to consider dispute over $60M bequest to disgraced Catholic order."

The issue before the court is whether the woman's niece has standing to sue the Catholic order.

A lower court ruled that she did not, even though it found that the order might have unduly influenced the wealthy woman.

So, what exactly is “standing” anyway?

Standing is an important issue in all areas of law, including in estate law. If someone does not have standing, he or she cannot sue.

The original article does not state why the lower court ruled that the niece did not have standing. Most likely, the court either felt she would not have inherited the wealth but not for the holy order's undue influence.

If you are thinking of suing over an estate, it is important to speak to an experienced estate planning attorney.

Contrary to law firms that advertise on late night television, not everyone has the right to sue over everything.

For more information about Estate Planning in Overland Park, KS (and throughout the rest of Kansas and Missouri), please visit my Estate Planning website.

Reference: Fox News (December 7, 2014) "Rhode Island high court to consider dispute over $60M bequest to disgraced Catholic order"

 

Details of the Duchess of Alba's Estate

One of the richest aristocrats in Europe passed away recently and details about her estate plan have been made public. She left her husband nothing.

Spain's Duchess of Alba was a notoriously flamboyant woman and one of the wealthiest women in Europe. A direct descendant of King James II of England, she played with the future Queen Elizabeth II as a child.

Surprise. In 2011, the Duchess married her third husband, a mere 24 years younger than she.

A final surprise. At her passing the Duchess disinherited her husband.

This complete story is told in the headline of a recent article in The Daily Mail: "Duchess of Alba, who died aged 88, leaves NOTHING to her 64-year-old toyboy while her six children get the 3 billion fortune - and a palace each."

Will this move stand up in court?

Normally in Spain, as in the United States, you cannot cut a spouse out of an estate. However, in this case, an agreement was made before the wedding that the Duchess' new spouse would not receive any portion of her estate.

This agreement was made to ensure that her children did not object to the marriage.

Similar prenuptial arrangements can often be made in the United States. As long as the agreements are fair and voluntary, courts will generally uphold them as valid. In the absence of such an agreement, a spouse is always entitled to a portion of the estate.

These agreements are often a good idea when both spouses are independently wealthy and at least one of them has children from a previous marriage.

If you have questions about whether a prenuptial agreement is right for you and your intended, then consult an experienced estate planning attorney for advice.

For more information about Estate Planning in Overland Park, KS (and throughout the rest of Kansas and Missouri), please visit my Estate Planning website.

Reference: Daily Mail (November 20, 2014) "Duchess of Alba, who died aged 88, leaves NOTHING to her 64-year-old toyboy while her six children get the  3 billion fortune -  and a palace each"