On Behalf of Zigray Law Office, LLC | May 23, 2013 | Probate Litigation

Many Americans have likely seen the recent headlines related to the odd behavior and inappropriate antics of former child Nickelodian star Amanda Bynes. While previously best-known for her roles on several kids shows, Bynes has gained recent fame for her erratic behavior and bizzare antics. 

The 27-year-old former child star recently gained access to a large portion of the millions of dollars previously held in a trust. Since this time, the actress has been arrested for drunk driving as well as two hit-and-run accidents. What’s more, Bynes has engaged in a very public and self destructive Twitter campaign in which the starlet has posed naked photographs and disturbing comments. 

While some in the media are quick to speculate that such rants are part of a publicity scheme, many of Bynes’ friends and former colleagues are concerned for the young actress’s life. It’s been widely reported she has a drinking problem as well as a drug problem and her erratic behavior has definitely endangered both her life and those of others.

While Bynes’ family has been shy to comment on their loved one’s recent behavior, many believe they should take steps to establish a conservatorship. Through the process of establishing a conservatorship, a trustee would be appointed to manage the young actresses’ financial affairs. In order to have an involuntary conservatorship established, Bynes’ family would need to prove that she is unable to manage her wealth and that she is a threat to herself.

While it’s unclear whether Bynes’ family will pursue an involuntary conservatorship through the probate court, such a move may be an effective means to essentially protecting Bynes from her self-destructive ways while she obtains help. Ohio families who are struggling with a similar situation related to alcoholism, drug abuse or mental health issues would be wise to discuss their legal options with an attorney.

Source: Forbes, “Amanda Bynes’ Comeback Could Begin With a Guardianship,” Danielle and Andy Mayoras, May 2, 3013

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On Behalf of Zigray Law Office, LLC | May 9, 2013 | Probate Litigation

Antique furniture, fine china, photographs, coin collection. This list of possessions is one that many baby boomers stand to inherit as their parents die or are forced to move into nursing homes. While the belongings of many in their 80s and 90s are indeed old and historic, they hold little financial or sentimental value for the generations that stand to inherit such possessions.

As the parents of baby boomers die, an estimated $8.4 trillion in assets will be transferred to younger generations. Many of those who pass were born and grew up during the Great Depression, at a time when any and every possession was precious. As such, individuals of this generation often held on to everything which may become a burden for younger generations.

Many baby boomers simply don’t have the space to hang on to their parents’ possessions. Baby boomers in their 60s often already have a house full of possessions they’ve amassed over the years. Attempts to give away grandma or great-grandma’s fine china to younger generations also typically prove fruitless. Those in their 20s and 30s often don’t have the space for or interest in keeping such possessions despite their perceived value.

As homeless collections of fine china and doll collections continue to flood the marketplace, the value of such once-prized possession is also likely to diminish. Younger generations seem to value experience over possessions so for these individuals money and the opportunities it affords to travel and “experience” life often trump any worldly possession.

While some may think it sad that the significance of historical artifacts and belongings seem lost on younger generations, it may be a matter of perspective. In an attempt to ensure some family heirlooms stay in the family, older generations would be wise to share stories related to such belongings with those of younger generations.

Source: Source:  Star Tribune, “No longer saved for generations, family heirlooms are being shed,” Kim Palmer, April 22, 2013

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On Behalf of Zigray Law Office, LLC | Apr 26, 2013 | Probate Litigation

Family dynamics can be interesting. Even families in Ohio who tend to get along can encounter problems from time to time. However, there are situations that can drastically affect a parent’s feelings about their adult children and their spouses.

People who are fearful that their child’s spouse will one day inherit their property shouldn’t be too concerned because only blood relatives are entitled to property. In some instances, though, people may wish to purposefully name an in-law in a will if they have a special bond with that person.

With that being said, an in-law is likely to be a recipient of an inheritance by default if they remain married to someone’s adult child. People who have strong feelings against that may want to consider keeping their child out of their will entirely.

People may also consider setting up a trust specifically for the adult child. People can even determine ahead of time how the money from a trust should be used. For instance, some people outline that a trust should only be used for educational purposes.

Estate planning can be complex. After all, there are sometimes many factors to consider. It is important that people take the time to determine what should happen to their valuable assets so that the property is distributed appropriately after death. Estate planning is especially important for people with very specific wishes.

Fortunately, legal professionals can be extremely helping during the estate planning process as well when issues come up after a person has died. In some instances, probate litigation may be necessary.

Source: nwi.com, “Estate Planning: Planning around a child’s spouse,” Christopher W. Yugo, April 13, 2013

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On Behalf of Zigray Law Office, LLC | Apr 15, 2013 | Probate Litigation

In March, we discussed estate planning for digital assets. Ohio readers may recall us writing that 600,000 people will die this year with active Facebook accounts. However, few people have taken the time to determine what will happen to their online accounts.

Google just announced that they have created a tool that allows people to dictate what should happen to their Google accounts when they die. The Inactive Account Manager lets people decide if their accounts should be shared with family or friends or simply deleted.

The service is triggered after an account has been inactive for a certain period of time. That time period is previously determined by the account user.

“Not many of us like thinking about death – especially our own. But making plans for what happens after you’re gone is really important for the people you leave behind,” a Google spokesperson said.

With Google’s launch of the Inactive Account Manager, other companies might put similar systems in place. Because so much important information lives online, it may become necessary for all companies to have systems in place that allow users to determine what should happen to their accounts when they die.

People may not realize how important it is to make advanced plans for important accounts and assets. However, surviving family members are the ones who benefit the most when a loved one has taken the time to make their wishes known.

Families who do face issues after a loved one has died do not have to deal with them alone. An attorney experienced in probate litigation may prove to be highly beneficial.

Source: Fox Business, “Google Lets You Decide What Happens to Your Data After Death,” Kate Rogers, April 12, 2013

· Our firm works with people who are facing probate issues. Please visit our website to learn more.

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On Behalf of Zigray Law Office, LLC | Apr 1, 2013 | Probate Litigation

Saying goodbye to a loved one can be difficult. However, learning that you have been disinherited can be equally as painful. People in Ohio who have been excluded from a will or trust may attempt to solve a dispute of this nature through probate litigation.

One man may be considering his legal options after being excluded from his father’s will. Famed hairstylist Vidal Sassoon died last year. He left behind around $150 million. His estate will be split between his children. However, his 41-year-old adopted son will receive nothing.

A 2010 autobiography by the hairstylist revealed that he and his adopted son had a troubled relationship. Sassoon even wrote that he hadn’t spoken to his son for some time.

Sassoon’s adopted son may wish to pursue litigation in order to receive a portion of the hairstylist’s immense fortune. However, it may prove to be quite difficult. Sassoon wrote in his will that his son was disinherited and “shall be deemed to have predeceased me.”

In addition to his adopted son, Sassoon also excluded three of his ex-wives from his estate.

Although it is unclear if any of Sassoon’s ex-wives or his adopted son will pursue legal action, there may be times when it is necessary. For instance, people who question how an executor or trustee is handling their responsibilities may find it best to resolve their issues in probate court.

Because probate issues can create tension between family members, it is usually best to work with an experienced attorney. An attorney can help people resolve their differences while minimizing emotional turmoil between family members.

Source: Examiner.com, “Vidal Sassoon disinherited son and ex-wives, will not share in $150M estate,” Rachel Monaco, March 25, 2013

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On Behalf of Zigray Law Office, LLC | Mar 18, 2013 | Probate Litigation

Estate planning is a very personal thing for an individual to do. After all, it puts in writing what should happen to an individual’s most prized possessions after that person has died. Estate planning can be overwhelming to some. However, avoiding it may only create tension between family members, especially if plans aren’t in place when an individual passes away.

Ohio residents may mistakenly think it is easiest to leave behind everything to one individual. However, that is likely to create big problems for that person. In addition to large tax liabilities, an individual in charge of distributing valuable assets will no doubt face conflict with other family members who feel they are entitled to certain assets.

To avoid problems between family members, people would be wise to create estate plans with an experienced legal professional by themselves. Bringing along an adult child may make others suspicious. In addition, an individual that completes estate plans alone can be sure potential problems are discussed in private and in entirety.

People in Ohio and beyond often put off creating estate plans. People may not realize how important estate planning is. Others may find it strange to be making plans for their death. In any case, everyone would benefit from proper estate planning.

Most parents hate the idea of their family members fighting with each other. To avoid heated arguments between adult children or other family members, Ohio residents would be wise to create estate plans well in advance of their death. That way they can live out their final years with peace of mind knowing that family members will be cared for after they have passed on.

Source: nwitimes.com, “Estate Plan: Plan for a fight,” Christopher W. Yugo, March 2, 2013

•· Our firm works with people when probate litigation is necessary. To learn more about our practice, please visit our Toledo probate litigation page.

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

People in Ohio and others living elsewhere log onto their Facebook accounts on a daily basis. Use of social networks has grown tremendously in recent years. However, what happens to our online accounts when we die?

Close to 600,000 people with Facebook accounts will die this year. Because this technology is still relatively new, this situation brings up some interesting legal questions.

Family members and friends can memorialize a deceased individual’s Facebook page. However, questions remain as to whether or not that is what the deceased individual wanted. In addition, who should be allowed to make decisions regarding an individual’s online account? Also, how long should the account remain as a memorial to the individual who passed away?

As the world continues to change, people’s estate plans may need to evolve. For instance, it would be wise for people to make clear what they would like to have happen to their online accounts. If advanced plans aren’t made, these kinds of issues may need to be settled through probate litigation.

However, social media companies may also need to adapt their policies to prevent drawn out legal battles. For instance, just like people indicate whether or not they are willing to be an organ donor on their driver’s licenses, people may need to indicate how their accounts should be handled after death on the sites themselves.

As this story indicates, estate planning can be complex. There are many things for people to think about. In order to avoid issues in the future, people would be wise to make detailed estate plans and update them as changes occur.

Source: Forbes, “After Death Your Facebook Account May Become the Subject of a Lawsuit,” Greg McNeal, Feb. 28, 2013

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On Behalf of Zigray Law Office, LLC | Feb 22, 2013 | Probate Litigation

It can be strange for people in Ohio and beyond to make plans for their death. However, having plans in place can be extremely beneficial. After all, we don’t know when the end will come.

In addition to creating estate plans, it is important to update them as big life events happen or as a family’s situation changes. However, getting people to sit down and talk about estate plans can be difficult.

For one, people may be hesitant to enter into a situation where they don’t know the kinds of questions they will be asked. People might feel embarrassed if they don’t know the answers to those questions.

Estate planning can be complex, especially for families with vast amounts of assets. People may be reluctant to make plans if they don’t feel that they completely understand the process.

In these kinds of instances, it is best to work with someone who has experience in the estate planning process. An estate planning attorney can help families determine what will happen to their valuable assets when they are gone. They can also explain the various options available to people based on their specific situation.

In addition to working with an experienced legal professional during the estate planning process, people who encounter problems after someone has died would be wise to reach out to an attorney. Certain issues may need to be resolved through probate litigation. Someone with a broad understanding of probate may be able to help families resolve their differences and avoid years of turmoil.

Source: Farm and Ranch Guide, “Women: Take charge getting the ball rolling on estate planning,” Michael Baron, Feb. 20, 2013

•· There may be times when probate litigation is necessary. Our firm works with people throughout that process. To learn more, please visit our Toledo probate litigation page.

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Trustees overseeing tobacco fortune acting cautiously

On Behalf of Zigray Law Office, LLC | Feb 8, 2013 | Probate Litigation

Ohio residents would probably agree that handing over thousands of dollars to teenagers is a recipe for disaster. It appears the trustees overseeing Doris Duke’s estate, the daughter of tobacco tycoon James Duke, are keeping this in mind.

Two 15-year-old twins, who are the children of Doris Duke’s nephew, will reportedly be worth around $500 million by the time they are 21. However, in the meantime, trustees are being careful not to hand over too much money to the twins and their mother.

While the trustees are being cautious, some would argue that they may have gone too far. Recently, the twins were kicked out of school after trustees failed to pay their tuition. The issue appears to be resolved. However, it may not be the last dispute between the estate’s trustees and the young heirs’ mother.

The twins’ mother reportedly asked for $55,000 to pay for a Halloween party and Christmas gifts for her children. Trustees, however, only handed over $7,500.

“If the trustees simply funded all requests it received, the children’s trusts could be drained of assets long before the children ever reach the age of 21 years,” officials with JPMorgan, the bank that administers the estate, said in court documents.

As we mentioned in our last post, executors and trustees have an important job, especially if they are responsible for a large estate. Trustees have a responsibility to act with the best interests of the beneficiaries in mind. When questions arise as to the conduct of a trustee, an experienced estate planning attorney may be able to offer assistance.

Source: New York Post, “Teenage heirs to Doris Duke fortune can’t pay for tuition as they wait for millions,” Julia Marsh and Leonard Green, Feb. 7, 2013

•· Our firm handles a variety of cases related to will contests and trust contests. To learn more, please visit our Ohio probate litigation page.

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On Behalf of Zigray Law Office, LLC | Jan 17, 2013 | Probate Litigation

Making advanced plans is important for people in Ohio and beyond. When estate plans are made, people are often given peace of mind knowing that their loved ones will be provided for even after they are gone.

Choosing an executor or trustee is one part of the estate planning process that is particularly important. That’s because a lot is required of an executor or trustee.

Many parents in Lucas County, and others living elsewhere, appoint an adult child to oversee their estate. In families with multiple children, choosing just one may be difficult.

In order to make the best decision, parents should keep emotions out of their decision. They should know that an executor or trustee should be someone that will be fair. In addition, they should have experience handling complex finances. Depending on the size of the estate, an executor or trustee’s responsibilities may be quite vast.

As parents try to determine who to appoint, they should also consider which child is the most practical and organized. After all, they may have to endure pressure from other beneficiaries in the future.

Even when a parent feels that they have made the right choice, issues may come up in the future after a parent has died. There may be times when the conduct of an executor or trustee is called into question. Disputes of that nature are usually settled through probate litigation.

Probate disputes can create emotional turmoil between family members. Because of that, people in Lucas County and others elsewhere are often best served working with an attorney who has experience handling probate litigation cases.

Source: Townhall.com, “Estate Planning: Who Makes the Best Executor or Trustee?” Carrie Schwab Pomerantz, Jan. 17, 2013

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