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When Celebrity Estate Planning (or a Lack Thereof) Leads to Probate Disaster

Posted on | January 31, 2010 | No Comments

A young Michigan probate litigator who has shared a connection with the California Probate Center (see the Blogroll) has published a new book titled “Trial and Heirs: Famous Fortune Fights . . . And What You Can Learn from Celebrity Errors.” The book covers the estates of Michael Jackson, Ted Kennedy, Princess Di, Anna Nicole Smith, Heath Ledger and others. It also includes helpful sections of “Tips to Avoid a Family Fight” and “Ideas to Spark Family Discussions.” It takes a systematic approach to estate planning including the strengths and weaknesses of wills, and the modern approach to estate planning that bypasses probate entirely by using trusts. Want to learn more? You can read more about the book by going to its website and you can purchase a copy on Amazon.

Category: celebrity
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Lawsuit Over the Comedy Store Could Result in an Ugly Probate Fight

Posted on | December 31, 2009 | No Comments

The Comedy Store, with one location in La Jolla in San Diego, has become the subject of a lawsuit alleging undue influence over the store’s owner. The local SoCal favorite has launched the careers of comedians like Robin Williams, David Letterman, Jim Carrey and countless others. It is owned by Mitzi Shore, the mother of comedian Pauly Shore. Pauly was recently fired from the Board of Directors after his brother allegedly exercised undue influence over Mitzi, who is now 79 and suffering from Parkinson’s.

Undue influence is defined in California Civil Code § 1575:

  1. In the use, by one in whom a confidence is reposed by another,
    or who holds a real or apparent authority over him, of such
    confidence or authority for the purpose of obtaining an unfair
    advantage over him;
  2. In taking an unfair advantage of another’s weakness of mind;
    or,
  3. In taking a grossly oppressive and unfair advantage of another’s necessities or distress.

To illustrate how undue influence works under the statute, Pauly is therefore claiming one or all of the following:

  1. that his brother either obtained an unfair advantage over his mother due to their relationship; or
  2. that his mother’s physical state has weakened her mind, allowing his brother to exploit her; or
  3. his mother’s physical ailment is distressful and his brother is exploiting it.

That said, I cannot quite comprehend why he filed a lawsuit. The obvious alternative was to move for a conservatorship (Click Here to Learn More About California Conservatorships) over his mother so that conservator could make business and financial decisions on behalf of his mother, thus obviating the undue influence of his brother. While I do not generally recommend them, conservatorships are designed exactly for this type of situation and the conservator could simply reappoint Pauly to the board, thus relieving the need for an ugly court fight.

In addition, probate courts are designed to work with difficult family dynamics and are best suited to deal with the issues here rather than a general civil superior court. I would not be surprised if this case were removed to a probate court by the assigned civil judge. If not, their mother’s estate may end up in probate court anyway should she pass before the issues are resolved.

Category: California Probate Practice, Conservatorships
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Funeral Goes Horribly Wrong

Posted on | November 30, 2009 | No Comments

In a bizarre turn of events, a funeral went awry after a coffin that was being lowered into a grave broke open. Immediately after the mishap, the funeral workers that were lowering the coffin allegedly ran from the scene, so two family members jumped into the grave in an attempt to lift the coffin from the grave. At that point, the coffin allegedly crumbled because it was made from particle board that was stapled together.

In California, the aggrieved witnesses could recover under the authority of Christensen v. Superior Court, 54 Cal. 3d 868, 888 (1991), which provides in part that: “Once a mortuary . . . undertakes to accept the care, custody and control of the remains, a duty of care must be found running to the members of decedent’s bereaved family.” The case goes on to list the elements for a prima facie cause of action for negligent infliction of emotional distress. In the American legal system, money does not often compensate a victim that sustained a purely emotional loss. But I doubt any amount of money will sooth the victims’ troubled memories.

Category: California Probate Practice
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Why Do I Need a California Will? 5 Myths About Wills

Posted on | October 31, 2009 | No Comments

USA Today has published a list dealing with misconceptions about wills. The list tackles 5 common myths:

  1. Estate planning is for rich people.
  2. If I die without a will, everything will go to my spouse.
  3. If I have a will, my estate won’t go through probate.
  4. After I create my will or living trust, I’m all set.
  5. I could be held responsible for a deceased parent’s debts.

You can read the article itself here.

Category: California Probate Practice
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Disinheritance: Will I Be Disinherited for Marrying Outside the Faith?

Posted on | September 30, 2009 | No Comments

The Illinois Supreme Court ruled that a Jewish couple’s dying wish to disinherit any of their grandchildren that married outside of the Jewish faith was lawful. The Courts have traditionally ruled that clauses that promote divorce are against public policy, but here the Court held that the clause did not do so. The clause in question required that upon the death of the surviving testator, if any grandchild married outside of the Jewish faith, their non-Jewish spouse had a year to convert to Judaism. If they did not convert, then their share would revert back to their parents. This clause would likely control dispositions under other faiths as well.

Category: California Probate Practice
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Trust Litigation - A $5 Billion Dollar Trust for the Dogs?

Posted on | August 31, 2009 | No Comments

Leona Helmsley left an estate valued at about $5 billion with instructions stating that the money should, at least in part, be dedicated to the wellness of dogs. A few months ago, a judge ruled that the trustees could actually spend the money for other purposes – giving the green light for the trustees to spend over $100 million in grants on other causes. This angered animal protection organizations including the A.S.P.C.A. and the Humane Society. Those organizations have now joined together and filed suit in an attempt to reverse the judge’s ruling which they view as a “scheme to deprive dog welfare charities” of the money that they believe should be going to them. As the New York Times article points out, none of this affects Trouble, Helmsley’s dog that was gifted $12 million (later reduced to $2 million) out of her estate. Trouble enjoys a $100,000 per year security detail that helps to insulate him from the heated arguments in court over the fate of his brethren.

Category: Trust and Estate Litigation
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What Is a No Contest Clause? Michael Jackson’s Mother Requests Instruction

Posted on | July 31, 2009 | No Comments

A no contest clause is a provision in an otherwise valid instrument that, if enforced, would penalize a beneficiary if the beneficiary files a contest with the court. Michael Jackson’s mother has asked the court whether her requesting the removal of Jackson’s executors (“What are the Duties of a California Executor or Personal Representative?) would trigger the no-contest clause in Jackson’s will. The law in California is about to change greatly in this regard to discourage these types of filings.

Most attorneys will ask the court’s permission to challenge a provision before initiating a full blown proceeding. This has flooded the court system with petitions asking for interpretations of the clauses. The new law in 2010 will allow certain challenges despite the use of a no contest clause and take away the ability to petition the court for review of others. Michael Jackson’s mother wants to either challenge the executors of Michael’s estate, or put her own petition before the court asking the court to appoint her as executor. This could trigger a clause in Jackson’s will essentially disinheriting her – so her lawyer has asked whether placing her own petition before the court will trigger the provision. You can read more about the story here.

Category: Removal of Personal Representative
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Professional Conservator Denied License In Response to Abuse

Posted on | June 30, 2009 | No Comments

In 2005, an inflammatory series of articles was published in the Los Angeles Times (as reported earlier on this blog, here).  The articles named Melodie Jo Scott as having improperly allowed Sarah Kerley (who was then married to Scott’s brother) to live without paying rent in a conservatee’s house for months. She also allegedly spent $200,000 of another client’s money on appliances and items that were not needed by another client.  In response, the State of California instituted licensing requirements via its Professional Fiduciaries Bureau.  In both cases she was essentially forced to step down, but on her license application she failed to disclose those cases to the board. The board refused to grant her a license based upon that omission in her application. A grand jury is currently investigating her previous cases. To learn more information about California conservatorships, click here.

Category: Conservatorships
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Are California Will Kits - “Do It Yourself Wills” - Legal?

Posted on | April 30, 2009 | No Comments

As a probate litigator I can tell you first hand that do-it-yourself wills are a probate attorney’s dream.  Time and again I have seen the damage that self-written wills have done to honest and hardworking people that bought some stationary and tried to do it themselves.  Instead of giving their money to their beneficiaries- the beneficiaries end up fighting over the vague terms of the document leading to an unneccessary loss to the estate.  But don’t take my word for it- read this article to find out more about the disputes that arise over off-the-shelf wills.  Honestly, I would rather you put me out of business by hiring an attorney to prepare proper documents then see the same sorry tale over and over again.

Category: Uncategorized
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