On Behalf of Zigray Law Office, LLC | Oct 25, 2013 | Probate Litigation

The year 1968 was an uncertain and unsettling time in U.S. history. During this year, the U.S. was still embroiled in the Vietnam War as the civil rights movement grew increasingly violent at home. Many belive a critical turning point in our nation’s history occurred on the evening of April 4, when Dr. Martin Luther King Jr. was assassinated.

Since that dark day, King’s moving speeches and peaceful protests are often credited with helping bring about much-needed changes in American society. Today, Martin Luther King Jr. is regarded by many as an American hero, making anything associated with the late civil rights leader valuable.

Singer and entertainer Harry Belafonte was a close friend and supporter of the late King. As such, some of King’s personal documents came into Belafonte’s possession. The ownership of these documents, however, is at the center of an estate dispute between Belafonte and King’s estate.

Belafonte recently filed a lawsuit against King’s estate in which he is seeking to recover and retain several documents which he asserts were given to him by the late civil rights leader. In question are documents including two of King’s speeches and a condolence letter related to King’s untimely death from then President Lyndon Johnson.

King’s estate and youngest daughter became aware that the documents were in Belafonte’s possession after the singer attempted to auction off the documents in 2008. At that time, King’s daughter and his estate asserted that Belafonte had “wrongfully acquired” the documents. Since that time, the documents have remained in possession of the auction house.

Belafonte recently filed an estate lawsuit against the King estate in which he seeks to recover the documents and claim rightful ownership.

Source: Reuters, “Belafonte sues King estate, daughter over ownership of documents,” Oct. 17, 2013

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On Behalf of Zigray Law Office, LLC | Oct 11, 2013 | Probate Litigation

We’ve previously written about estate disputes over personal assets held in a trust or investment account. In some cases, however, estate disputes revolve around ownership right to family heirlooms or historical artifacts that have been passed down through generations.

One such dispute is currently being heard in probate court. At issue are numerous artifacts that previously belonged to the late Gideon Welles. During the Civil War, Welles served as the Secretary of the Navy and therefore had a personal relationship with then President Abraham Lincoln.

Many of the historical artifacts owned by Welles were eventually passed down to his grandson whose wife, Ruth Trost Welles, inherited them upon her husband’s death. When Ruth Welles died, she left the remaining artifacts to her children. The descendants of Ruth Welles’s children are now in probate court, alleging her estate was mishandled upon her death in 1955.

At the center of the case are several artifacts of historical significance that some of the heirs believe were either kept or sold by relatives who likely split the profits. Included in the list of disputed items is a cane given to the late Welles by President Lincoln, a rifle known to have been shot by Lincoln and a box of Civil War era swords.

Many of those items described by some of Rose Trost Welles’s heirs were not, however, included in the list of items from her estate. Other heirs seeking to put an end to the probate dispute argue these items were among those that were previously sold. A judge overseeing the case has agreed to effectively redo the probate case.

Source: The Hartford Courant, “Public Family Feud Over Lincoln-Era Artifacts Begins In Court,” Christine Dempsey, Oct. 8, 2013

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On Behalf of Zigray Law Office, LLC | Sep 27, 2013 | Probate Litigation

While difficult to fathom, there are those individuals among us who prey upon the elderly. In some cases, these individuals seek to exhort money and assets from unsuspecting older men and women who are made easy targets due to loneliness, dementia or failing health. In other cases, these unscrupulous individuals use undue influence and seek to coerce an elderly man or woman to name them as a beneficiary on a life insurance policy or write them into a will.

A 53-year-old health care provider and 61-year-old former lawyer recently pled guilty to criminal charges related to activities they carried out in an attempt to steal money from an elderly woman.

According to court documents, the 53-year-old worked for a home health care company and was entrusted to provide care for the elderly woman. While doing so, he and his 61-year-old accomplice convinced both the elderly woman and her daughter to invest more than $2 million dollars in a fake business entity which the two had established.

As the elderly woman’s health declined, the 53-year-old health care provider also convinced her to make him a beneficiary to a trust which her late husband had set up to provide for her care. As a result, the woman’s money quickly ran out and she and her daughter were forced out of their home which fell into foreclosure.

Sadly, the elderly woman died a year later. Her family filed an estate lawsuit on the woman’s behalf against the two men and were subsequently awarded a settlement in the amount of $7 million dollars. In addition, criminal charges related to fraud and tax evasion were filed against the men who now face a future behind bars.

Source: Alaska Dispatch, “Duo pleads guilty to duping elderly Alaskan out of entire nest egg,” Casey Grove, Sep. 24, 2013

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On Behalf of Zigray Law Office, LLC | Sep 27, 2013 | Probate Litigation

While difficult to fathom, there are those individuals among us who prey upon the elderly. In some cases, these individuals seek to exhort money and assets from unsuspecting older men and women who are made easy targets due to loneliness, dementia or failing health. In other cases, these unscrupulous individuals use undue influence and seek to coerce an elderly man or woman to name them as a beneficiary on a life insurance policy or write them into a will.

A 53-year-old health care provider and 61-year-old former lawyer recently pled guilty to criminal charges related to activities they carried out in an attempt to steal money from an elderly woman.

According to court documents, the 53-year-old worked for a home health care company and was entrusted to provide care for the elderly woman. While doing so, he and his 61-year-old accomplice convinced both the elderly woman and her daughter to invest more than $2 million dollars in a fake business entity which the two had established.

As the elderly woman’s health declined, the 53-year-old health care provider also convinced her to make him a beneficiary to a trust which her late husband had set up to provide for her care. As a result, the woman’s money quickly ran out and she and her daughter were forced out of their home which fell into foreclosure.

Sadly, the elderly woman died a year later. Her family filed an estate lawsuit on the woman’s behalf against the two men and were subsequently awarded a settlement in the amount of $7 million dollars. In addition, criminal charges related to fraud and tax evasion were filed against the men who now face a future behind bars.

Source: Alaska Dispatch, “Duo pleads guilty to duping elderly Alaskan out of entire nest egg,” Casey Grove, Sep. 24, 2013

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On Behalf of Zigray Law Office, LLC | Sep 13, 2013 | Probate Litigation

Some of the most contentious and heated lawsuits are those involving estate disputes and will contests. In many cases, these lawsuits pit family members against one another as accusations are hurled and grievances aired. One particularly contentious estate dispute involves the estate of the late business mogul Robert Cohen.

Cohen’s daughter Claudia was previously married to billionaire Ronald Perelman. While the couple divorced in 1996, they remained close friends and successfully co-parented their daughter Samantha. In 2007, Claudia died after battling cancer for years. Shortly thereafter, her ex-husband who had been named executor of her estate filed a lawsuit against his ex-father-in-law, who was still living at the time.

At the center of the lawsuit, were claims by Perelman that Robert Cohen had promised his late daughter half of his estate. Cohen believed the lawsuit brought by Perelman was merely an attempt to take over his successful airport chain the Hudson News. The lawsuit was ultimately dismissed, but the rift was never healed between Perelman and Cohen, who subsequently died.

The most recent lawsuit between the Perelmans and Cohens now centers on Robert Cohen’s son James who controls Hudson News along with the rest of his late father’s business ventures. In the lawsuit, Robert Cohen’s granddaughter Samantha Perelman contends her uncle took advantage of her late grandfather and forced him to change his will prior to his death despite not being of sound mind.

As a result, Perelman asserts James Cohen was able to convince his elderly father to leave him the bulk of his estate. Additionally, Perelman contends a $5 million trust in her name was eliminated as were several million dollar payments which were previously bequeathed to her.

This case is likely far from over as both sides have much at stake and have already spent millions of dollars litigating. We’ll continue to discuss this monumental estate dispute as new issues arise.

Source: North Jersey, “Billionaire Perelamn-Cohen family feud returns to N.J. court,” Kibret Markos, Sep. 8, 2013

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On Behalf of Zigray Law Office, LLC | Aug 30, 2013 | Probate Litigation

In years past, matters related to estate planning and the succession of assets were fairly simple and straightforward. Using an estate planning tool such as a will or trust, individuals could clearly instruct how personal assets and belongings were to be divided amongst heirs. In most cases, the bulk of such assets passed to a surviving spouse, children or grandchildren without question.

Today, economic changes and those to the family structure have resulted in much more complex estate planning situations. In families which include current and ex-spouses, children, step-children and half siblings, the passing of a loved one may give rise to suspicion over the distribution of assets and, in some cases, spur legal action.

When a loved one passes, family members and friends are often overcome with grief and struggle to make sense of the situation. Adding to the hurt and pain often associated with a loved one’s passing may be questions and suspicions over the distribution of personal belongings and assets as dictated by a will or trust.

There are a number of reasons as to why a family member may choose to contest a will or trust. Questions related to a loved one’s mental state prior to their death may be a factor as well as potential ulterior motives of other relatives or associates. Whatever the reason, when the validity of a will is in question, many family members may choose to take legal steps to contest the will.

In such situations, an attorney who has experience handling probate litigation matters is an important resource and advocate. Such a legal professional can help determine the validity of a will as well as whether mental capacity or undue influence is a factor.

Source: nhmagazine.com, “Wills, Trusts and Estate Planning,” Jeff Woodburn, July. 2013

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On Behalf of Zigray Law Office, LLC | Aug 14, 2013 | Probate Litigation

Death is something that all individuals, regardless of wealth and status, must one day face. When preparing for death and dealing with matters related to estate planning, some individuals unwisely take matters into their own hands or opt for shortcuts. Many specifics related to a will or trust, however, are complex which increases the likelihood that an error will occur that could result in unwanted and unforseen consequences.

In cases where a family member believes the will of a deceased love one does not express their loved one’s true wishes, a will contest may be a good option. Individuals planning a will contest may choose to do so for a variety of reasons including suspicions of undue influence over an ailing loved one, questionable last-minute changes to a will and when there are questions related to inheritance matters.

Many attorneys who deal with probate litigation note an increase in will contests within recent years. This increase is likely due in part to the fact that many baby boomers are aging and thereby dying and leaving large amounts of wealth and property to heirs. An aging population coupled with the recent economic challenges many Americans experienced make inheritance matters that much more relevant and potentially contentious.

Additionally, many individuals seeking to save money may have turned to the Internet and so-called do-it-yourself estate planning websites when drafting a will. Trusting that a website can provide the advice and guidance required when sorting out matters as important as a will, however, is never a good idea. When relatives question whether a will truly expresses the wishes of a deceased love one, it’s wise to consult with an attorney.

A legal professional who is well-versed in probate litigation matters may be able to help prove that a will is invalid. Common reasons for contesting a will include fraud, undue influence and questions related to a decedent’s mental capacity.

Source: The Huffington Post Canada, “Contesting the Will: Why Are Inheritance Disputes on the Rise?” Ian M. Hull, July 24, 2013

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On Behalf of Zigray Law Office, LLC | Jul 10, 2013 | Probate Litigation

We hear a lot about actors and musicians who die without a will or make poor estate planning choices. It’s refreshing then to learn of an actor who seemingly had a comprehensive estate plan which accounted for his family, friends and heirs.

Fans of the HBO hit show “Sopranos” were recently saddened to learn of the death of the actor who so keenly portrayed the show’s main character Tony Soprano. In real life, family members and friends remember James Gandolfini as a kind and generous man and loving father. At the time of his death from a sudden heart attack, the 51-year-old actor was also extremely wealther and worth an estimated $70 million.

Prior to his death, it appears as though Gandolfini took the appropriate steps to set up an estate plan. The actor had two children, a 13-year-old son and an 8-month-old daughter, to whom he left the majority of his assets. The assets, which include a sprawling Italian estate and Greenwich Village condo, will be held in a trust until his children reach adulthood.

In addition to the assets bequeathed to his children, Gandolfini also left considerable amounts of money to his current wife as well as his two sisters. Also mentioned in the actor’s will are a godson, two nieces, a secretary and several friends. The actor also made sure to clearly state that custody of his two children should go to his sisters in the event the children’s’ mothers also die or become incapacitated.

By all appearances it seems as though Gandolfini was one actor who sought and received solid estate planning advice and guidance. Even with a valid will, however, family members, business associates and friends could potentially contest the will. In the coming months, executors of the will, will comb over documents to determine all of the late actor’s assets. This process could be lengthy and may allow time for individuals to contest the will or attempt to dispute how the will is interpreted.

Source: New York Post, “James Gandolfini leaves bulk of $70M estate to his two children,” Julia Marsh, Jeane Macintosh and Kate Sheehy, July 3, 2013

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On Behalf of Zigray Law Office, LLC | Jun 30, 2013 | Probate Litigation

When you lose a loved one, there are likely a number of things on your mind. One of them probably is not identity theft – but maybe it should be.

According to ID Analytics, which is a fraud prevention company, criminals acquire the identities of almost two and a half million deceased Americans every year. What good is the identity of someone who has passed away? These fraudsters use the information they have obtained to take out loans, apply for credit cards and file for tax refunds, all in the name of the person who has passed away.

There are some things you can do to prevent your family from being victimized. For one thing, you should be careful about how you word any obituary. With a home address, date of birth and mother’s maiden name, identity thieves may be able to acquire your loved one’s Social Security number. Therefore, you should not list these things in the obituary (as an alternative to birth date, just list your loved one’s age).

You should report the death to each of the three main credit reporting bureaus by sending in a copy of the death certificate. The Social Security Administration should also be notified, and you should request that banks, insurers, investment companies, etc. mark your loved one’s accounts as closed due to death. Cancel your loved one’s driver’s license as well.

When a loved one dies, you will have enough on your plate handling probate disputes and other matters. You should take steps to ensure your job is not complicated by having to straighten out an identity theft as well.

Source: The Sun Prairie Star, Protecting deceased from identity theft, Rachel Wittrock, June 28, 2013

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On Behalf of Zigray Law Office, LLC | Jun 19, 2013 | Probate Litigation

Some families are more prone to conflict than others. Even the most close-knit family, however, can expierence conflict when a loved one dies. In some cases sentimental reasons are behind will contests and estate disputes, in other cases, financial gain drives close relatives to battle it out in court. Regardless of motive, every year thousands of deaths result in estate diputes being waged. 

One such recent and notable estate dispute involves the estate of the late Hauguette Clark. The last surviving daughter of the multi-millionare copper king William A. Clark, Mrs. Clark died in 2011 at the age of 104. Upon her death, she had no close surviving heirs, but a total fo 21 distant relatives many of whom she did not know by name. 

When Mrs. Clark was 98-years-old she apparently drafted and signed two separate wills, one month apart. In the first, the majority of her estimated $300 million estate was bequeathed to the 21 distant relatives. Additionally, in the first will, a painting worth $25 million was gifted to an art gallery. However, one month later, Mrs. Clark drafted and signed another will which left nothing to the 21 relatives. Rather, the second will left the bulk of the estate to the hospital where Mrs. Clark lived for the last 20 years of her life. Also included in the second will, were directions to set up a foundation at mansion owned by Clark in which her vast collections of art and dolls were to be housed and displayed.

Since Clark’s death in 2011 when the existence and contents of the two wills became public, millions of dollars have been spent by interested parties to contest the wills. While this case is extreme in its details and potential financial gain, it provides important lessons on steps individuals can take to avoid estate disputes after their death.

When a will is drafted and signed, it’s important to ensure all interested parties are aware of the will’s existence and of the terms contained therein. It’s also wise, when possible, to draft such documents well in advance of old age. If an individual fears their will may still be subject to a will contest by surviving heirs or interested parties, establishing a trust may be a better option.

Source: The New York Times, “How to Avoid an Estate Battle After You Die,” Paul Sullivan, June 14, 2013

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