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On Behalf of Zigray Law Office, LLC | Apr 26, 2014 | Probate Litigation When contemplating matters related to estate planning, many people focus on financial aspects. Parents take care to ensure a will and beneficiary designations are updated and trusts provide for the future financial success of loved ones. While estate planning documents related to the division of wealth are typically important to all involved parties, in many cases the division of personal belongings is of equal or more sentimental value. Take for example a mother who took measures to ensure her assets were split equally amongst her three daughters. The mother, however, failed to consider material possessions that may be of significant sentimental value to her daughters. As a result, in the wake of the mother’s death, fights erupted as the siblings attempted to retain possession of certain treasured items from their childhood. Estate disputes amongst siblings or other family members are frequently about personal possessions that may be of little monetary value. These possessions, however, are deemed to be of great value as they are associated with memories of a loved one or childhood. In order to prevent disputes over personal artifacts after one’s death, individuals would be wise to take steps to determine who wants what before it’s too late. One way to accomplish this task is to ask heirs to list items that are of sentimental value. Another way to sort out who gets what is to have children take turns putting color-coded stickers on items. Many estate disputes are fueled by hurt and hard feelings that result because a parent failed to communicate their wishes and intentions. To prevent conflict in the wake of one’s passing, it’s advisable to make plans and communicate those plans prior to one’s death. Source: Consumer Reports, “ How to spare your heirs a battle over your estate: Dividing money is easy. But who gets Mom’s tea set?,” April, 2014

On Behalf of Zigray Law Office, LLC | Apr 24, 2015 | Probate Litigation There are many benefits afforded to those individuals who choose to establish a trust for the benefit of surviving family members. In addition to avoiding a lengthy and costly probate process, individuals who set up a trust can also establish corresponding provisions that must be followed with regard to the distribution of trust assets. Upon establishing a trust, an individual must also appoint a trustee to manage and ensure that any provisions related to the trust and its assets are followed. A trustee may be a single individual in whom the trust’s grantor has faith or may be a bank or other third-party institution. A trustee is considered a fiduciary, meaning that the individual or institution must always act and carry out activities that are in the best interest of the trust. For a beneficiary of a trust, the relationship with a trustee can become strained. In some cases, a beneficiary may take legal steps to remove a trustee. There are several reasons why a beneficiary may choose to take action to remove a trustee. For example, say that the terms of a trust call for monthly cash distributions once a beneficiary turns age 18. In cases where a trustee fails to comply with these terms, it can be argued that the trustee should be removed. Additionally, grounds for trustee removal also include cases where a beneficiary believes that a trustee failed to act in a fiduciary capacity. Say for example that a trustee is accused of mismanaging trust assets or using trust assets for personal gain. In either case, it’s appropriate to take legal action to remove the trustee. When it comes to a trustee’s relationship with beneficiaries, there can be tension. In cases where personalities clash or where tensions and disputes mount, it’s wise to consult with an attorney who handles estate planning litigation matters. Source: FindLaw.com, “5 Reasons to Remove a Trustee From Your Trust,” Brett Snider, Oct. 29, 2013

On Behalf of Zigray Law Office, LLC | Apr 11, 2014 | Probate Litigation After a lifetime of acting in Hollywood, actor Mickey Rooney recently died at the age of 93. Throughout his successful career, Rooney portrayed variety of characters and was once the highest paid actor in Hollywood. However, estate documents show that by the time Rooney died, he had only roughly $18,000 to his name. During his lifetime, Rooney was married a total of eight times and fathered eight children. He also had three step-children from his last marriage of 35 years. In recent years, Rooney separated from his last wife whom he disinherited in his will, but she remains the beneficiary of several other accounts and will receive an estimated $8,400 each month. The actor’s death has set off a dispute between Rooney’s estranged wife and Rooney’s attorney who claims the actor expressly stated he no longer wanted to be buried at a funeral plot he’d purchased some 15 years ago. Believing Rooney’s estranged wife and a stepson would try to remove the actor’s body, a judge has ordered that the Rooney’s remains stay put until he rules on the matter. In recent years, Rooney accused one of his stepsons, who was previously his manager, of elder abuse. Prior to his death, Rooney won a $2.8 million judgment against this stepson. However, at the time of the actor’s death, none of the money had been recovered and likely will not be now that the actor has passed away. Rooney’s will also bars the stepson from attending the actor’s funeral. In addition to intentionally disinheriting his estranged wife of 35 years, Rooney also intentionally disinherited his eight biological children and two of his stepchildren, citing that all were better off financially than he. He left his estate, valued to be around $18,000, to one stepson and his wife who acted as Rooney’s caretakers in the years preceding his death. This case proves how, even in death, estate disputes amongst family members or legal representatives of the deceased can erupt. To avoid these types of situations, when possible, it’s best to express one’s wishes prior to death. When this is not possible, documenting these wishes in a will can serve to protect and individual’s rights and preserve their last wishes. Source: CNN.com, “ With not much in Mickey Rooney’s estate, fight possible over his remains,” Alan Duke, April 9, 2014New York Daily News, “Mickey Rooney’s will shows his estate was worth $18G as a battle erupts over control of his remains,” Nancy Dillon, April 8, 2014

On Behalf of Zigray Law Office, LLC | Mar 28, 2014 | Probate Litigation A trial is set to get underway soon in which jurors will be asked to decide whether a 74-year-old woman is guilty of using undue influence and fraud to secure funds and assets from her 84-year-old dying husband. The probate lawsuit was filed by some of the 84-year-old man’s surviving family members who contend their loved one’s second wife took advantage of her husband’s diminished health and capacity to transfer and secure hundreds of thousands of dollars in assets. The couple married in 2006. The marriage was the second for both and both signed a prenuptial agreement in which they agreed to keep the assets they brought to the marriage separate. Family members of the deceased 84-year-old claim that, prior to the marriage, their loved one had roughly $1.5 million. They further assert the man’s assets had severely diminished when he died and believe the 74-year-old defendant intentionally took advantage of her husband to secure those assets. According to the lawsuit, over the course of the couple’s marriage, the defendant is accused of transferring $281,000 to her children who live in Ukraine. Additionally, in the days preceding her husband’s death, the defendant transferred funds totaling $96,000 from her husband’s account into her personal account. Legal records point to problems in the couple’s marriage in the months leading up to the man’s death. He filed for divorce and the defendant took legal actions to have the couple’s prenuptial agreement deemed invalid. She also took steps to create a new will for her dying husband from which she stood to profit handsomely. In their lawsuit, the plaintiffs formally accuse the 74-year-old of fraud, undue influence, unjust enrichment, conversion and breach of a prenuptial agreement. This estate dispute is an example of how the actions of a husband or wife prior to the death of his or her spouse may provide just cause for taking legal action. Source: Macomb Daily, “Macomb Probate Judge gives ‘kind of harsh’ opinion in estate dispute,” Jameson Cook, March 19, 2014

On Behalf of Zigray Law Office, LLC | Mar 15, 2014 | Probate Litigation In the wake of a loved one’s death, numerous matters related to the estate of the deceased must be addressed. As relatives and close friends mourn their loss, emotions often run high. In some cases, as details related to an individual’s estate or will are revealed loved ones may question certain aspects of a will or other matters that affect the inheritance of assets or belongings. Family members of a woman, who died in 2009 at the age of 62, recently chose to settle lawsuits in which numerous accusations were made against her husband. According to court documents the defendant was accused of using undue influence and coercion to secure the woman’s assets and estate. The deceased suffered a serious stroke in 2008 which left her officially incapacitated. Subsequently, the woman was moved to a nursing home and her cousin became her health care power of attorney. That same year, the defendant is accused of taking the deceased out of the nursing home and marrying her. Months later when the woman died, her family learned of the marriage and that their loved one had no will. By law, the woman’s $450,000 estate was to pass to her husband. The woman’s family, however, filed a probate and civil lawsuit in which they accused the defendant of taking advantage of their loved one and marrying her solely for financial gain. In response, the defendant filed a counter lawsuit in which he accused the plaintiffs of defamation and conspiracy. Both sides recently agreed to settle the lawsuits and both walked away with assets from the 62-year-old’s estate. As part of the settlement relatives will be allowed to keep the woman’s home as well as 25 acres of land while her 59-year-old husband will receive liquid assets and cash. This case proves how complex and contentious estate disputes can become. When possible it’s best to resolve issues that may lead to these types of disputes prior to a loved one’s death. Thankfully, legal remedies exist after a loved one passes that can help ensure their wishes are respected and carried out. Source: Milwaukee Journal Sentinel, “ Widower, late wife’s relatives settle case that tried to void marriage,” Bruce Vielmetti, March, 10, 2014

On Behalf of Zigray Law Office, LLC | Feb 28, 2014 | Probate Litigation When it comes to family, blood may be thicker than water but that doesn’t mean disputes amongst family members won’t erupt. This is often particularly true when it comes to arguments over the assets and personal belongings of a deceased loved one. Family members that are unable to resolve such disputes on their own, often turn to legal professionals and the courts for help. Five siblings recently filed a lawsuit against their uncle and his wife. At the center of the lawsuit are claims that the defendants convinced the children’s deceased father to transfer assets in the amount of $2 million in their name prior to his death. The disputed assets, the plaintiffs contend, were intended for their benefit and have therefore essentially been stolen by the defendants. The plaintiffs assert that the defendants convinced their late father to transfer the assets into their name to ensure the man’s ex-wife was not aware of the existence or amount of the assets. Upon the man’s death, the defendants allegedly agreed to distribute the $2 million amongst the man’s five surviving children. To date, however, the plaintiffs have received nothing. The plaintiffs are seeking to recover the disputed $2 million in assets from their late father’s estate along with an additional $2 million in punitive damages. Additionally, the siblings are requesting that the court deem their late father’s will invalid. This case proves how complicated and contentious estate disputes amongst family members can grow to become. In this case, the plaintiffs’ case may be difficult to prove unless there is some type of formal documentation that was signed by their late father related to his true intentions for how the assets were to be distributed upon his death. This case illustrates the importance of having a comprehensive estate plan. Rather than attempt to hide the assets from his ex-wife, the deceased could have taken other steps to ensure assets were distributed directly to his surviving children. Ohio residents, who have similar concerns would be wise to consult with an estate planning attorney who can provide advice and assistance to ensure an individual’s estate planning goals are realized and estate disputes avoided. Source: The Madison-St. Claire Record, “ Children say uncle took more than $2 million of inheritance,” Kelly Holleran, Feb. 24, 2014

On Behalf of Zigray Law Office, LLC | Feb 13, 2014 | Probate Litigation There’s a saying related to the fact that you cannot choose your family. Relationships between parents and children or siblings can be complex, strained and dysfunctional. Even in cases where members of a family regard one another with love and respect, disputes over a loved one’s legacy, personal belongings and assets may erupt in the wake of his or her death. Surviving heirs may decide to contest a will or trust for a number of reasons. Concerns and questions related to a loved one’s competence at the time a will or trust was executed may be a factor. In other estate disputes, the actions and intent of an individual who stands to profit from a will or trust may be called into question. Regardless of the circumstances that precede an estate dispute, there are a number of factors that may result in such a dispute being waged for years. In some probate litigation cases, those heirs involved may refuse to find a resolution based on the simple fact that each side wants to be deemed the victor. In these types of cases, however, in addition to a considerable amount of assets; time and energy are wasted for the mere sake of carrying out a personal vendetta. Other estate disputes may stem from a strained or contentious relationship between a parent and child. For example, there have been cases where a child who did not get along with one or both parents was subsequently left out of a will while other siblings were included. In these cases, the excluded sibling may contest a will or trust in an attempt to both spite a deceased love one and gain access to what an individual likely believes her or she is entitled to. Individuals who plan to contest a will or trust would be wise to enlist the assistance of an estate planning attorney. A legal professional who handles estate disputes can act as an objective third-party and voice of reason to ensure that a client’s best interests are respected and protected and that litigation does not drag on for years. Source: Wealth Management, “ Avoid Family Feuds,” Susan Hartley and Donna LeBlanc, Feb. 7, 2014

On Behalf of Zigray Law Office, LLC | Jan 29, 2014 | Probate Litigation Individuals who establish a trust as part of their estate plan must appoint one or more trustees to manage assets held in that trust. Depending on the type of trust and amount of assets, duties associated with managing a trust can become a full-time job. Given the time commitment often needed to accomplish a trust’s goals, some individuals provide for a trustee’s annual salary. A lawsuit related to the estate of late pop artist Robert Rauschenberg is set to go to trial in late March. The lawsuit was filed by three trustees who Rauschenberg appointed to manage a trust that’s now estimated to be worth $2 billion. At issue is the $60 million of the trust’s assets the trustees contend should be provided as compensation for their services. An attorney hired by the trust’s beneficiary, the Robert Rauschenberg Foundation, argues the trustees’ request for $60 million in compensation is “not reasonable”. The Robert Rauschenberg Foundation’s mission is to manage the late artist’s works and also provide financial support for charities and new artists. The $60 million sought by the trustees would otherwise be used to further the foundation’s mission. An attorney for the trustees argues the three men have worked diligently and tirelessly to grow the trust’s assets by “reintroducing Rauschenberg’s artwork to the market”. The late artist did not provide for any trustee fee agreement nor have the trustees kept track of their efforts or time spent managing the trust since Rauschenberg’s death in 2008. This case is an example of the type of unforeseen estate disputes that can arise in the wake of a loved one’s death. Ohio residents who have questions or concerns about a loved one’s will or other estate matter would be wise to consult with an attorney who handles estate planning and probate litigation cases. Source: Telegram & Gazette, “ Late pop artist Robert Rauschenberg’s trustees seeking $60 million in fees,” Tamara Lush, Jan. 6, 2014

On Behalf of Zigray Law Office, LLC | Jan 14, 2014 | Probate Litigation Dynamics within a family can be complex and are often the result of years of interactions with one another. While a family’s dysfunctional ways may be apparent to both those outside and inside the family, most families are able to manage their dysfunction to ensure relationships between family members remain relatively happy and peaceful. When a family is faced with the death of a loved one, however, particularly a patriarch or matriarch, harmless familial dysfunction can quickly give way to all out war. Individuals who want to avoid fights over personal property and belongings upon their death would be wise to take steps to set up a comprehensive estate plan. A will can be used to dictate who gets what which can greatly benefit family members who may have otherwise haggled over sentimental artifacts. While a will can definitely prevent an estate dispute from erupting, the contents therein may also provide grounds for a disgruntled relative to take legal action. A will contest may be filed by an heir who believes a loved one’s will is invalid due to the individual’s lack of capacity or undue influence at the time the will was drafted. To avoid possible disputes over a will’s directives, individuals are advised to make family members aware of the contents of a will. Doing so may be difficult, but it also allows an individual to clearly and explicitly state his or her wishes and avoid potential misinterpretations or hard feelings after one’s passing. Life is short and the passing of a loved one should serve as a reminder to those left behind to cherish loved ones and enjoy every moment. In cases where family members are not able to move past estate disputes, it’s wise to seek legal advice. Source: The Huffington Post, “ How Making a Will Can Save Your Family From Fighting,” Suzana Popovic-Montag and Ian M. Hull, Jan. 8, 2014

On Behalf of Zigray Law Office, LLC | Dec 31, 2013 | Probate Litigation We’ve previously written posts about estate disputes and will contests in which undue influence or an individual’s capacity was in question. A recent case, which centers on the authenticity of a signature, proves exactly how complicated many cases involving probate litigation can become. The case in question revolves around the estate of a late college professor who died at the age of 75. In his will, the man bequeathed certain personal objects to a friend including two watches and a car. He also, at least according to the friend, gave the man a check for $100,000. The authenticity of the signature on this check, however, has been called into question and lead to a lawsuit being filed by the man who contends the check is valid and that he is entitled to the $100,000. A major sticking point in the case is the fact that while the watches and car were accounted for in the will, the $100,000 was not. Moreover, the check was allegedly made out a week prior to the late professor’s death. The intended recipient, who is described as a “long-term friend” of the decedent, contends the check is valid and that he is therefore entitled to the cash. The late professor had no other living relatives or heirs. He left the bulk of his estate to benefit the university at which he taught with very specific directives on how the assets were to be used. A judge or jury is expected to make a determination in whether or not the $100,000 is valid. Source: Bangor Daily News, “ Friend sues estate of former UMA professor over $100,000 check,” Judy Harrison, Dec. 30, 2013

On Behalf of Zigray Law Office, LLC | Dec 31, 2013 | Probate Litigation We’ve previously written posts about estate disputes and will contests in which undue influence or an individual’s capacity was in question. A recent case, which centers on the authenticity of a signature, proves exactly how complicated many cases involving probate litigation can become. The case in question revolves around the estate of a late college professor who died at the age of 75. In his will, the man bequeathed certain personal objects to a friend including two watches and a car. He also, at least according to the friend, gave the man a check for $100,000. The authenticity of the signature on this check, however, has been called into question and lead to a lawsuit being filed by the man who contends the check is valid and that he is entitled to the $100,000. A major sticking point in the case is the fact that while the watches and car were accounted for in the will, the $100,000 was not. Moreover, the check was allegedly made out a week prior to the late professor’s death. The intended recipient, who is described as a “long-term friend” of the decedent, contends the check is valid and that he is therefore entitled to the cash. The late professor had no other living relatives or heirs. He left the bulk of his estate to benefit the university at which he taught with very specific directives on how the assets were to be used. A judge or jury is expected to make a determination in whether or not the $100,000 is valid. Source: Bangor Daily News, “ Friend sues estate of former UMA professor over $100,000 check,” Judy Harrison, Dec. 30, 2013

On Behalf of Zigray Law Office, LLC | Dec 19, 2013 | Probate Litigation When a loved one passes, surviving relatives may be left with much to sort out. Existing debts, the division of property and funeral preparations and expenses are just some of the matters with which surviving family members are left to deal. In cases where an individual failed to take steps to ensure for a comprehensive estate plan, these matters are often complicated and can result in disputes amongst surviving heirs. A trial is currently underway in a dispute over the assets and legacy of late R&B singer Teddy Pendergrass. Pendergrass is probably best known for singing the song, “If you don’t know me by now,” the title of which seems to perfectly encapsulate the issues that may have lead to the current legal estate dispute. At the time of his death in 2010, Pendergrass was married to his second wife whom he’d wed in 2008. Pendergrass had grown children from a first marriage, one of which is claiming to have been named as executor and beneficiary to Pendergrass’s estate as declared in a 2009 will. Pendergrass’s second wife disputes the validity of that 2009 will, and has chosen to contest the will. Evidence in her case relates to the fact that, at the time of his death, Pendergrass was a quadriplegic after suffering serious injuries in a 1982 car accident. Given the late singer’s physical disability, his second wife contends he wasn’t able to physically sign a legal document such as a will. What’s more, Pendergrass required 24-7 care and none of his care providers recall transporting the late singer on the day the will was allegedly signed. In this estate dispute, Pendergrass’s legacy, including licensing rights for future use of his songs and name, are a major, and potentially lucrative, factor. This case proves the importance of establishing a comprehensive estate plan, to include a will and appropriate trusts, and informing those impacted of its existence and directives. In cases where a loved one’s physical or mental capacity is an issue, legal action may be appropriate to protect assets and preserve a loved one’s legacy. Source: The Herald Record, “ Protecting your Future: Fight over R&B singer’s assets a warning on wills,” Bonnie Kraham, Dec. 12, 2013