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

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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

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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

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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

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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

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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

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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

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On Behalf of Zigray Law Office, LLC | Dec 6, 2013 | Probate Litigation

In the face of a health crisis, many families pull together to rally around an ailing family member. For members of one famous family, however, a health crisis involving one family member has served to ignite a major legal dispute related to a multi-million dollar estate.

The late Walt Disney is best known for founding and creating what’s commonly referred to as “the happiest place on Earth”. Sadly, an estate dispute among the late Disney’s adult twin grandchildren has marred the family’s legacy as both sides continue to make nasty allegations and accusations against one another.

The bitter estate dispute started during 2009 after one of the twins, Michelle, suffered a brain aneurysm. While lying incapacitated in a hospital in California, her twin brother, Brad, attempted to move his sister to be closer to him in Arizona. At that time, the trustees to the family’s $400 million dollar estate filed a lawsuit to stop him.

Since that time, Michelle has recovered and sided with the trustees who have taken legal action to withhold Brad’s estate disbursements. The trustees cite both Brad’s alleged mental disability along with undue influence from the twins’ father, Bill, as justification for their actions. In response, attorneys for Brad and Bill have accused the trustees of manipulating

Michelle who they contend suffered permanent brain damage since suffering the aneurysm.
While this case may be unique in its players and the amount of assets at stake, many families face disputes over estate matters. Ohio residents who have questions or concerns over a will, inheritance or trust of a loved one would be wise to seek legal advice.

Source: NBC News, “The Disneys: Not the happiest family on Earth,” Mike Taibbi and Andrew Blankstein, Nov. 23, 2013

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On Behalf of Zigray Law Office, LLC | Nov 21, 2013 | Probate Litigation

Many Ohio residents are likely familiar with the name, or voice of, Casey Kasem. A DJ and voiceover actor for decades, Kasem is best known for both hosting the popular radio show “American Top 40” and for providing the voice of the beloved Scooby Doo character, Shaggy. In more recent months, the 81-year-old has been better known for being at the center of a bitter family and estate dispute.

Kasem has suffered from the ill-effects of Parkinson’s disease for years, which recently left the man who was famous for his voice, unable to speak. In 2007, Kasem signed legal documents giving one of his daughters and her husband power of attorney to make decisions related to his health should he become incapacitated.

However, despite being named to carry out this important task, to date, Kasem’s daughter and son-in-law have not been allowed to even see their ailing loved one. At the center of the dispute over the popular DJ’s health is his wife of 30 years, Jean Kasem. According to Kasem’s grown children, Jean has not allowed them to see their father to determine his mental and physical state.

In response, Kasem’s children recently filed a petition requesting that a conservator be temporarily appointed to report on and provide for their father’s mental and physical health. A judge, however, denied the request citing that a court-appointed representative was able to confirm that Casey Kasem was being well cared for and looked after by his wife Jean.

Currently, Kasem’s children have expressed no plans to take further legal action. This case proves, however, how complex and contentious matters related to end of life and health care decisions can become. Kasem’s children contend their father informed them long ago that they were not in his will and that the most-recent legal action was out of pure love and concern for their father.

Source: Fox2 Now, “Judge rejects conservatorship for Casey Kasem,” Alan Duke, Nov. 20, 2013

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On Behalf of Zigray Law Office, LLC | Nov 7, 2013 | Probate Litigation

Regardless of age or circumstances, losing a loved one is often difficult for family members and friends. When that loss is accompanied by questions and suspicions about the descendant’s will or estate, things can quickly escalate to the point where legal action is necessary.

The estate of a woman who died in 2012 at the age of 93 is currently at the center of a dispute that could result in criminal charges being brought against a public official. The estate dispute revolves around the actions of a police officer who befriended the elderly woman prior to her death. He subsequently introduced her to an attorney who then drafted a new will that named the officer as the primary beneficiary to a trust worth $1.8 million dollars.

The woman had a previous will that was drafted in 2009 which left money to her grandson and only living heir as well as at least two hospitals. Those parties named in the 2009 have filed a lawsuit in which they accuse the police officer of using undue influence to coerce the elderly woman into leaving the bulk of her fortune to him.

The police officer recently requested that the woman’s medical records and health information be sealed from public record. A judge, however, ruled to allow the documents to remain public believing members of the public should have access to the information as the case involves public officials. The plaintiffs in the case contend the 93-year-old suffered from dementia prior to her death and was therefore not of sound and body at the time she signed the new will.

Family members or close friends who have concerns over how a loved one’s assets were distributed may choose to take legal action and formally contest a will or dispute an estate matter. In cases where an individual lacked the mental capacity to make decisions related to their estate, undue influence and coercion may have been employed.

Source: SeaCoastonline.com, “Judge: Officer’s inheritance dispute must be heard in public,” Elizabeth Dinan, Oct. 31, 2013

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