On Behalf of Zigray Law Office, LLC | Jul 2, 2014 | Probate Litigation

Gone are the days when small family farms were plentiful and dotted the landscape of Lucas County. Today, the majority of Ohio residents work jobs in large cities and the surrounding suburbs. Most of the farms that still exist in the area are small family farming operations that have been passed down through generations.

Families who have a farm often cherish the acreage they own and the possibilities it affords. That being said, farming isn’t for everyone. While some sons and daughters who grew up on a farm may follow in their parents’ footsteps, others likely prefer a different career choice and lifestyle. Parents who own and operate a farm would therefore be wise to discuss their future wishes and estate planning goals with their grown children.

When it comes to estate planning decisions, it’s best to communicate openly, honestly and frequently. This is especially the case when there is more than one child and parents own a farm, land or a family business. Parents who fail to relay their plans to children about the future of a family farm may ignite a feud among surviving heirs.

In cases involving a farm inheritance, parents and siblings may have varying opinions about keeping or selling the farm and land. Matters involving decisions about whether to retain or sell a farm and land can quickly become emotional and contentious. In cases where one sibling wishes to keep and operate a farm and the other two do not, some sort of buy-out solution will need to be worked out.

Estate planning matters, particularly those related to the succession of a family farm or business, are complex. To avoid potential tax liabilities as well as family feuds and legal disputes, it’s wise to seek the advice and assistance of an estate planning professional early and often.

Source: Farm Futures, “Don’t Start a Farm Family Feud,” Rich Dunn, June 24, 2014

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On Behalf of Zigray Law Office, LLC | Jun 19, 2014 | Probate Litigation

Ohio residents were recently saddened to learn of the death of the legendary Casey Kasem. Many can likely recall listening to Kasem’s smooth and calming voice as he counted down the weekly top 40 hits and read listeners’ touching letters and dedications. More recently, details surrounding Kasem’s final months read more like the script of a Hollywood drama in which his second wife and three children from his first marriage battled for control over and access to the radio legend.

Kasem’s death was attributed to complications related to Alzheimer’s disease. Sadly, during his final years, the man who was known worldwide for his iconic voice, was unable to speak and suffered severe memory loss and dementia. As his condition worsened, his wife Jean Kasem allegedly took action to prevent Kasem’s three children from his first marriage from talking to or seeing their father.

Kasem’s net worth is reported to be around $80 million and the details of his will and estate plan have not been made public. According to Jean Kasem, Kasem’s three oldest children wanted little to do with their father until learning about his failing health. In an effort to protect her husband, Jean claims she removed him from a hospital and drove him to another state without informing his three oldest children of her plans or their father’s whereabouts.

In 2007, Kasem was diagnosed with Parkinson’s disease. At that time, he signed a living will or health care directive that gave his three oldest children power of attorney to ensure his wishes with regard to end-of-life medical care were carried out. Recently, when it became obvious that Kasem’s health was rapidly deteriorating, his 41-year-old daughter carried out her father’s wishes and ordered doctors to cease providing her father nutritional supplementation.

In the wake of Kasem’s death, both sides have momentarily set aside their differences to honor their loved one. It’s extremely likely, however, that a new chapter in this epic estate dispute will soon begin as decisions related to Kasem’s $80 million estate are decided.

Source: Daily Mail, “EXCLUSIVE: Casey Kasem’s widow Jean ‘cheated on radio legend with 40-something toyboy for years’ as her 82-year-old husband’s condition worsened, claims investigator hired by daughter,” Ryan Parry and Neil Blincow, June 17, 2014 

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On Behalf of Zigray Law Office, LLC | Jun 6, 2014 | Probate Litigation

Disputes and feuds between family members may arise for a number of reasons. Long-standing feuds between siblings may have spawned from jealousy and competition experienced during childhood. In some cases, siblings are never able to mend the wounds of these childhood disputes. Feelings of animosity may only grow and intensify when a parent dies and siblings are left to sort our estate and probate matters.

Parents in Ohio are likely familiar with the baby product brand Nuby which manufactures and sells bottles, sippy cups and numerous other baby products. The Nuby brand is a subsidiary of a company known as Luv N Care which is owned and operated by two wealthy brothers. These two brothers, also have an older brother who is not part of the company.

More than five years ago, the brothers’ mother passed away. One of the well-off brothers, who is also a principle at Luv N Care, was named the executor of his mother’s estate. As executor, it was the brother’s responsibility to essentially manage the estate to ensure existing debts and estate taxes were paid. Once outstanding financial matters related to an estate are resolved, an executor is responsible for distributing any remaining property and belongings.

The eldest brother recently filed a lawsuit against the two younger brothers along with an auctioneer who he contends worked together to ensure he would not receive his share of the inheritance. The defendants are accused of price-rigging the estate auction and subsequently paying pennies on the dollar for their mother’s valuable personal possessions.

Additionally, the lawsuit contends the brother named as the estate’s executor breached his fiduciary duty by engaging in deceptive practices and intentionally prolonging the succession of his mother’s estate which is still pending.

This case illustrates some of the types of the problems and issues that may arise in the wake of a parent’s death. In cases where one sibling believes one or more other siblings took steps to interfere with an inheritance, it’s wise to discuss the case with an attorney who handles estate disputes and probate litigation.

Source: thenewsstar.com, “Hakim family dispute headed to court,” Greg Hilburn, May 29, 20

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On Behalf of Zigray Law Office, LLC | May 23, 2014 | Probate Litigation

Most Ohio residents can likely recall the famous lines from the movie the Wizard of Oz advising Dorothy and her companions to “follow the yellow brick road”. The man who was reportedly the voice delivering that message was Mickey Carroll who was also one of the so-called munchkins that celebrated Dorothy’s arrival in the land of Oz. The 4 ft. 9 inch 89-year-old actor died five years ago after suffering complications associated with Alzheimer’s disease. His estate was recently the subject of a lawsuit in which his family accused Carroll’s former caregiver of undue influence.

In the estate dispute, Carroll’s family members accused his female friend and caretaker of taking advantage of their loved one’s diminished mental and physical condition prior to his death. As a result of the woman’s actions, the plaintiffs asserted Carroll transferred hundreds of thousands of dollars to her prior to his death. The plaintiffs also argued the defendant took actions to ensure they weren’t able to communicate with Carroll prior to his death.

The case recently went before a jury who, after less than two hours of deliberation, sided with the defendant. While the plaintiffs sought monetary damages of “up to $249,000”, asserting the defendant used undue influence and manipulation to exhort money from the deceased, members of the jury weren’t convinced.

The defendant and several witnesses painted a picture of Carroll as a generous man who spent and gave money away freely. In her defense, the defendant chronicled the history of her long friendship with Carroll whom she eventually moved into her home and cared for. The defense further contended the very family members who filed the lawsuit had long ago abandoned Carroll.

In the wake of a loved one’s death, estate disputes may arise for a number of reasons. While a jury decided undue influence was not a factor in this case, individuals with failing mental and physical health are often targets of such schemes. Individuals who believe a vulnerable loved one is being or was taken advantage of would be wise to discuss the situation with an attorney.

Source: Riverfront Times, “Lawsuit Over Estate of Deceased Munchkin, Mickey Carroll, Slated for Trial Next Week,” Chad Garrison, May 9, 2014

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On Behalf of Zigray Law Office, LLC | May 9, 2014 | Probate Litigation

For individuals who have aging parents or grandparents, many believe an inheritance to be in their future. There are, however, a number of factors that may influence a parent’s or grandparent’s decision of whether or not to leave a child or grandchild a sizable inheritance, many of which center around financial responsibility and life choices.

Throughout the course of one’s life, mistakes will be made. It’s from these mistakes that we learn and, hopefully, grow wiser. As a parent or grandparent, it can be difficult to see a child or grandchild flounder and struggle. This is often especially true when it comes to financial mishaps that may adversely impact a loved one’s life in numerous ways. However, even relatives that have the means may decide it’s best to allow a younger relative to figure things out on their own.

Parents obviously want what’s best for their children and, in some cases; parents may reason that leaving a child a large inheritance would do more harm than good. This is often especially the case when a child has demonstrated a lack of financial responsibility in the past. For example, a parent may worry about a child who accrues thousands of dollars in credit card debt related to lavish purchases he or she simply cannot afford.

In some cases, a grown child may continue making poor financial decisions and eventually be driven into bankruptcy. In other cases, however, a grown child may take steps to regain control of their finances and make sacrifices to pay off debt. In both scenarios, a parent is likely to take notice.

In cases where a parent or grandparent communicated their intentions to leave a child or grandchild an inheritance, yet failed to do so, the validity of a will or a loved one’s state of mind may be in question. Inheritance disputes may also arise in cases where a loved one ends up leaving the bulk of their estate to an individual who is not a relative or makes sudden changes to a will.

Source: Chicago Tribune, “Why you may not get an inheritance (and what to do about it),” Robert Pagliarini, May 6, 2014

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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

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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

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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

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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

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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 

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