Dennis Hopper’s wife to continue fight into probate court

The recent legal battles between the ailing Dennis Hopper and his wife in divorce court have been well-documented. Here are the Probate Lawyer Blog’s articles covering the case, including the Top Ten most hurtful allegations lobbed back and forth (a serious must-read!). Now that Hopper has passed on due to his prostrate cancer, on May 29th, at age 74, TMZ.com is reporting that his widow is already gearing up to challenge his estate in probate court. Victoria Duffy-Hopper claimed that Hopper’s divorce filing was motivated by an effort to cut her out of his estate plan. Reportedly, the couple’s prenuptial agreement calls for her to get 25% of his estate and $250,000 in life insurance proceeds, as long as they were both married and living together. Because the divorce was not finalized when he died, they were still married (even though they were separated). But, were they living together? Duffy-Hopper (according to TMZ) is prepared to challenge the prenup in probate court and will argue they were “living together” because she lived in a house on his property (separate from his house though). This argument seems like a loser to us — lawyers representing Hopper and his wife fought over whether she could stay on the property (a fight that Duffy-Hopper won). Clearly, Hopper didn’t want her living with him (and in fact, argued that his doctors felt living near her was harmful to his frail health). So how could they be considered “living together” under the prenup? Rest assured that this battle, and many others, will keep some probate judge in California very busy in the months (and possibly years) to come. Based on past arguments in the case, we expect that Duffy-Hopper will also claim that Dennis Hopper never really intended to end the marriage, but was being controlled by his children who orchestrated the divorce as a way to cut her out of his estate. While this case certainly has some unusual elements, estate fights sparked by the death of a loved one in a second marriage situation (or fifth marriage in this case), are very common. Who gets to inherit between the adult children of the first marriage and the spouse who came later? It all depends on the will, trust, and how the various assets and investments are held. In these types of marriages, having an air-tight estate plan is extra important, or fighting will be the norm, not the exception. Don’t let this happen to your loved ones who are in multiple-marriage families. Urge them to get their affairs in order, with the help of a good estate planning lawyer who knows how to help prevent family feuds like this one. Posted by: Andrew W. Mayoras and Danielle B. Mayoras, co-authors of The Center for Probate Litigation and The Center for Elder Law in metro-Detroit, Michigan, which concentrate in probate litigation, estate planning, and elder law. Andrew and Danielle are husband and wife attorneys, professional speakers and consultants across the country.

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Dennis Hopper’s wife to continue fight into probate court

The crazy claims of the Michael Jackson Estate

Given MJ’s eccentricities in life, and the craziness that has surrounded his estate since he died, it is no surprise that Michael Jackson’s estate executors are busy denying wild claims left and right.  TMZ has a list of the wackiest ones: Jose Freddie Vallejos asked for $3.3 million to reimburse Los Angeles for the costs of the King of Pop’s memorial service. A homeschooler, Claire McMillan, is seeking $2 million. Michael, according to Nona Paris Lola Ankhesenamun Jackson (try saying that three times fast), was actually married to her, so Nona of course wants custody of the three kids. Richard Lapointe claimed he’s owed $5 million for a memorabilia auction that was wrongly canceled. And, best of all, a woman is convinced that Jackson wiretapped her telephone and had organized criminals watch her.  She wants a mere $50 million. You can read TMZ’s coverage of these claims , which were all formally denied last week by Howard Weitzman, the estate’s attorney.  This means the claimants now have to initial legal action to try to prove that their claims are valid, if they still want to pursue their demands for dough. Oh — let’s not forget the claim of the secret love child.  What celebrity estate mess, with fortune-seekers coming out of the woodwork, would be complete without the claim of a secret child?  25-year-old Prince Michael Malachi Jet Jackson is asking for a DNA sample so he can prove he’s really Michael’s eldest son.  Hey, as wacky as MJ was in life–who knows–maybe some of these claimants are actually telling the truth.  Stayed tuned to find out! But, bad news for Prince Michael Mala(etc.).  Michael, Sr.’s will ( which you can read here ) states that he had no other children and he intentionally did not leave anything for any other heirs (except for this three legitimate children and his mother, who are beneficiaries of his trust).  This means that even if this secret child is telling the truth, he won’t inherit anything (at least, it would be very unlikely because of the language of the will). That’s one of the reasons why it is important to work with a good estate planning attorney.  You never know what kind of crazy people will surface when someone dies, with hands extended looking for money.  If Michael Jackson had properly funded his trust, then his entire estate could have been handled in private, outside of court.  This would have made it much tougher for these crazy creditors to try to stake a claim in probate court . Of course, without crazy creditors, it just wouldn’t have felt right, would it? By Andrew W. Mayoras and Danielle B. Mayoras, co-authors of “Trial and Heirs: Famous Fortune Fights!” and husband-and-wife legacy expert attorneys. As educators across the United States through speaking engagements, print, broadcast, and social media, Danielle and Andrew consistently draw rave reviews and are in high demand. Email them at  contact@trialandheirs.com .

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The crazy claims of the Michael Jackson Estate

Steve McNair’s widow facing estate tax nightmare

The Steve McNair Estate has been relatively quiet lately, after a fast start with plenty of fireworks.  You can read the Probate Lawyer Blog’s prior articles about it here .  But despite the apparent calm, there are still lessons to be learned.  The lawyers for McNair’s widow, Mechelle McNair, recently had to file a petition with the Tennessee probate court asking for funds to be released from a frozen trust account to pay taxes.  Ho hum, right?  Not so fast. How much did she have to withdraw?  A cool $3.72 million — all for state and federal estate taxes that were due earlier this month.  And that’s just the estimated taxes that she has to pay now.  When the final determination of how much she, as the surviving spouse, will receive is calculated, that price tag may increase.  Her attorneys anticipate filing an amended tax return which may include even more money due to the IRS. Why should this matter to you?  If Steve McNair had done the proper estate planning, he could have avoided all of these estate taxes for his widow.  Through a properly-drafted revocable living trust, his widow would have have avoided the tax bill.  That’s right, she would have owed nothing!  (But the kids may still have owed a tax bill after she died in the future, depending on the tax laws in place then). In fact, if McNair even had a basic will, while the taxes still would have been due, his widow could have saved money in legal fees.  Without a will, she has to pay lawyers to take extra trips to court that result in higher legal fees … not to mention all the headaches that come with dividing an estate based on intestate law between the widow, her two children, and two other children from other relationships. But wait, you may be thinking, this doesn’t matter to me because I’m not a millionaire.  And didn’t Congress repeal the estate tax law this year?  Don’t think like that. While, for 2010 only, the estate tax had been repealed, that only applies to people who pass away this year.  Don’t plan on dying this year?  As of January 1, 2011, the estate tax comes roaring back, at a one million dollar level.  Everyone had expected Congress to “fix” the estate tax and set it at a higher level — possibly even retroactively to apply to those who already passed in 2010.  But, with the new health care laws, the government will be looking for ways to raise money.  Is keeping a low estate tax level one of their answers?  It could be. With a one-million dollar exemption, many Americans will be affected.  Life insurance, home values, and all other assets count towards the exemption.  So, yes, you would have to worry about it even you aren’t a millionaire. Learn from the mistakes of Steve McNair and go see a good estate planning attorney now.  Don’t wait until tragedy strikes and leave your family unprepared. By Andrew W. Mayoras and Danielle B. Mayoras, co-authors of “Trial and Heirs: Famous Fortune Fights!” and husband-and-wife legacy expert attorneys. As educators across the United States through speaking engagements, print, broadcast, and social media, Danielle and Andrew consistently draw rave reviews and are in high demand. Email them at  contact@trialandheirs.com .

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Steve McNair’s widow facing estate tax nightmare

The Elvis Presley Conspiracy (Part III): Eliza’s journey

I know, this all sounds crazy.

LA Times article about estate planning

The business section of Sunday’s Los Angeles Times featured an article called “Time to prepare your will”.  Discussing the importance of estate planning, the article included quotes from both of us.  Here’s a few selections from the article: If you’re rich, the best estate planning advice would be to die quickly. If you’re not, the best advice is to either review or rewrite your estate planning documents to make sure your heirs aren’t left high and dry if you die. FOR THE RECORD: The Personal Finance column about estate planning in Sunday’s Business section misidentified the book “Trial & Heirs: Famous Fortune Fights!” by Andrew W. Mayoras and Danielle B. Mayoras as “Trial & Errors: Famous Fortune Fights.” That’s because estate taxes that could allow Uncle Sam to nab up to 45% of your bequeathed assets are currently — and very temporarily — kaput. A decade-long phase-out of the estate tax eliminated the tax completely as of January. The catch: If nothing’s done, estate taxes will boomerang back to historic levels in 2011. That means any bequest of more than $1 million would be hit with a heavy levy on any amount above that limit after December. But estate planning isn’t just about taxes, and it’s not just for the rich. The legal vacuum that was created by the temporary elimination of the estate tax has created potential pitfalls even for people with modest estates. For example, if you were to die this year and had an old “by-pass” trust, the elimination of the estate tax could cause you to accidentally disinherit your spouse, said Clay Stevens, director of strategic planning for Aspiriant, a wealth management firm in Los Angeles. These trusts, aimed at reducing estate taxes, often have boilerplate provisions for bequeathing children an amount equivalent to the estate tax “exclusion.” This year, that exclusion is unlimited, so everything goes to your kids and unintentionally there would be nothing left for a spouse, he said. Then, too, as long as the estate tax is phased out, so is something called the “step-up” that reduced capital gains taxes on your appreciated assets after you died. You can still get that break if you make a few strategic fixes to your estate plan this year, Stevens said. But, if you do nothing, your heirs could face capital gains taxes on all but a pittance of your appreciated property. * * * What if you have no documents? Then get cracking. Studies indicate that the vast majority of Americans don’t have wills, trusts or powers of attorney. That can leave heirs in a rough spot, said Danielle Mayoras, coauthor with her husband, Andy, of “Trial & [Heirs]: Famous Fortune Fights.” Act now, avoid trouble later Ignoring your estate plan can land your children with ill-suited guardians or give them a pile of cash that they’re too young to handle, she said. If you become incapacitated before you die, it can mean that your care could be dictated by a stranger — or even an enemy. And, doing nothing can cause your heirs to bicker and battle in court — sometimes for decades. “People never think their family is going to end up fighting,” Andy Mayoras said. “But, especially in this economy, families are fighting over money more and more.” * * * Both Nass and the Mayorases wrote books about what celebrities have done wrong with estate planning. They say they did so to give parents and their children a way of bringing up the topic to explore how they could do it better. “It’s a way to get the dialogue started,” Andy Mayoras said. Danielle Mayoras adds that entertainer Ray Charles’ estate plan provides a blueprint of how to do it right. He got his 12 children and their nine respective mothers in a room to talk about what he was planning, which was to give most of his money to charity. But everyone was provided for in some way, she said. “The beauty of doing that is that everything is out in the open,” she said. “It gives the family some comfort and the ability to talk about it.” Here’s the link to the full LA Times article .  (It’s too bad they got the name of our book wrong, but at least they issued a correction.) By Andrew W. Mayoras and Danielle B. Mayoras, co-authors of “Trial & Heirs: Famous Fortune Fights!” and husband-and-wife legacy expert attorneys.  As educators across the United States through speaking engagements, print, broadcast, and social media, Danielle and Andrew consistently draw rave reviews and are in high demand.   Email them at contact@trialandheirs.com .

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LA Times article about estate planning

The Elvis Presley Conspiracy (Part II): The Background

After Eliza Presley shared her DNA evidence with me, as well as the story about how she got it, I spent some time digging around to see what else was out there to corroborate or contradict her story.  Eliza’s claim is that she’s the daughter of Vernon Presley, the father of Elvis.  But she bases her claim, in part, on evidence from a man who Eliza believes actually IS Elvis Presley, still alive.  Eliza says she never suspected Elvis might be alive when she began her journey. Rather, according to Eliza, she only wanted to find out who her father was.  Eliza was 13 when she learned that she was adopted as a baby.  Several years later, Eliza met her birth mother, who gave Eliza the name of a man who was supposedly her father.  But when Eliza contacted him, he was adamant he wasn’t her father and didn’t even know her mother in 1961.  Eliza had to look elsewhere.  Later in life, she and her husband at the time had been shocked, when seeing pictures of Elvis as a young child, how much he looked like their three-year-old son, Andrew.  Eliza knew that her birth mother had lived across the street from Elvis at Graceland when he bought it in 1957-58 and had been friends with his family [see picture of Elvis and Eliza's birth mother and aunt].  Eliza’s husband even suggested that Elvis may have been the father, because she shared a family resemblance … not to mention the fact that Eliza was the only one of four children given up for adoption.  So Eliza had wondered for some time if she could be the daughter of Elvis.  But she never bought into the whole “Elvis is alive” movement when she started her search. People who believe that Elvis did not die on August 16, 1977 like to point to a book published in 2001 and written by a board-certified psychiatrist named Dr. Donald Hinton.  He wrote it with a mysterious co-author named “Jesse.”  Dr. Hinton claimed Jesse was actually Elvis, having faked his death with the help of his manger, Colonel Tom Parker.  Jesse, by the way, was the name of Elvis’ identical twin brother who was stillborn. According to Dr. Hinton, Jesse had to get away from the life of Elvis for several reasons, primarily because of his poor health and due to threats against him and his family.  Col. Parker agreed to help because he could earn lots of money from doing so, Dr. Hinton said.  Indeed, Elvis has been at or near the top of Forbes’ list of the highest earning dead celebrities for years. Dr. Hinton said he treated Jesse for nearly six years for pain management due to his arthritic condition and other medical problems.  He claimed that Jesse opened up to him and told him of his true identity.  His book included many handwritten letters by Jesse and said it was Jesse’s way of re-introducing himself to the world. There were a few problems with Dr. Hinton’s story.  One was that he promised in the book that Elvis/Jesse would reveal himself to the world in 2002.  Obviously, that never happened.  Another was that the book led to an investigations of Dr. Hinton for mail fraud, by the Missouri Attorney General’s office, as well as by the DEA and Missouri Healing Arts Board for illegally prescribing medications to Jesse.  Dr. Hinton actually lost his ability to prescribe medicine and was placed on 5 months probation by the medical board. But the Dr. Hinton investigation did lead to an interesting place.  When Dr. Hinton came under attack, his patient, Jesse, wrote a letter to the Attorney General supporting Dr. Hinton and refuting the mail fraud claims.  He included the following in his letter:  Sir, I don’t know if you believe in my continued existence or not, but if I continue to expose myself like I did in the book, I will be eliminated very easily.  Pure and simple as that. The Attorney General’s office had the letter analyzed by a special type of handwriting expert, Shirley Mason, who was a certified graphologist.  Graphology is commonly used by the FBI and throughout Europe, but is not universally accepted.  Mason worked for the Kansas City Bureau of Investigations for many years, successfully using graphology as evidence in criminal court cases.  Shirley Mason reported that she compared the Jesse letter to past letters written by Elvis.  So what did she have to say about it? Not only did they match, Mason wrote, but she would testify in court, under oath, that Elvis “ has to be ALIVE.”  She felt the handwriting was “UNMISTAKABLE”.  The attorney general’s office cleared Dr. Hinton of all charges. Here’s a website by Linda Hood-Sigmon , who is a friend of Jesse, showing copies of the Jesse letter and the Mason report.  Hood-Sigmon is one of the biggest proponents of the “Elvis is alive” theory and has a great deal of evidence on her website.  She points to this picture of Jesse and says it was taken on a visit to Lisa Marie Presley so he could see his grandchildren.  She states that the controversial photograph marks the first time Jesse met his grandson, Benjamin Storm, in 1994.  But Hood-Sigmon and others who say Elvis is alive do have many vocal critics.  Here’s an example of a recent article written by one who tries to debunk some of the evidence that Elvis didn’t really die.  But, he doesn’t address any DNA evidence in his article or the Mason report.  Instead, he summarily concludes that “one side has no facts and no evidence” and as such, there shouldn’t even be a debate. Others see it differently.  In fact, because of Dr. Hinton’s book, a  television reporter in Cleveland, Suzanne Stratford, began investigating. She interviewed Dr. Hinton on camera and analyzed the evidence, including the Mason report, a picture taken 6 months after the funeral of what looked like Elvis peering through a screen door (and certified by Kodak), and the fact Elvis’ tombstone lists his middle name as “Aaron” when official records show his true middle name to be “Aron”.  [See the pictures below on this point].  Stratford also reported that Dr. Hinton had passed a lie detector test they had administered. And there’s more.  Stratford reported she was contacted by Jesse.  She asked for, and received, a sample of Jesse’s DNA, in 2002, so it could be tested.  FOX 8 News did in fact test the DNA sample against known “control” samples of Elvis, including a 1975 liver biopsy sample and tissue from his autopsy.  The problem was that they didn’t match. But again, another interesting turn.  Not only did the “Jesse” sample not match the other two samples, but they didn’t match each other.  In other words, Elvis’ autopsy tissue did not match the liver tissue from 1975.  So where did the autopsy sample come from?  Does this mean that Elvis’ autopsy was faked?  Maybe.  Stratford also interviewed cousins of Elvis who said that the body at the funeral looked like it was made out of wax, rather than being real. But, of course, there’s only one person alive (other than Jesse, of course) who can definitively prove or disprove that Jesse is Elvis … Elvis’ daughter.  FOX 8 News contacted Lisa Marie Presley’s representatives and asked for a sample of her DNA to find out the truth.  She declined. The FOX 8 News video stories are available on YouTube.  Here’s the one  from 2008 that summarizes all of Stratford’s investigation up until the Eliza Presley case.  Her previous investigation stalled in 2004, until Eliza Presley contacted her 2008.  Apparently, an Elvis collector, David Collins, repeatedly told Eliza to get in touch with Stratford when Eliza had contacted him as part of her search to learn if Elvis was her father. At first, Eliza didn’t contact Stratford, still thinking that Elvis couldn’t actually be alive.  But, then she did reach out to Stratford, hoping to test her DNA against other Elvis sample
s FOX 8 News had. In 2008 S
tratford interviewed Eliza Presley as part of her ongoing investigation.  FOX 8 News sent the 2002 sample it had received from Jesse to a lab so that it could be tested against Eliza’s DNA evidence. And the results were . . .  (To be continued . . . ) [This is the second of a four-part series covering the Eliza Presley case.] By Andrew W. Mayoras and Danielle B. Mayoras, co-authors of “Trial & Heirs: Famous Fortune Fights!” and husband-and-wife legacy expert attorneys. As educators across the United States through speaking engagements, print, broadcast, and social media, Danielle and Andrew consistently draw rave reviews and are in high demand. Email them at contact @ trialandheirs.com.

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The Elvis Presley Conspiracy (Part II): The Background

Dennis Hopper battling his wife; says she’s after his will

Dennis Hopper was already fighting against advanced prostrate cancer.  Now the 73-year-old actor is turning up the heat in his battle against his wife, 41-year-old Victoria.  He filed for divorce in January, and according to published reports, the key factor is his will. Victoria is a 25% beneficiary under Hopper’s will.  But, in the case of divorce, the couple’s prenuptial agreement says that she gets nothing.  And that’s the sole motivating factor behind the divorce, according to Victoria.  She blames his three children from a prior marriage and says that Dennis is not making rational decisions, due in large part to the medication he’s taking. In other words, she says it’s all about the estate planning.  And it’s hard to argue with that point.  Dennis Hopper’s lawyer was in court last week, seeking a restraining order against Victoria to keep her away from him.  His attorney filed a doctor’s report saying that his estranged wife is hampering his recovery.  The doctor feels that the less he sees of her, the better. Why?  According to papers filed in the divorce proceeding, Dennis says that she’s after his will.  Dennis claims that in November, Victoria’s mother told him he should change the will and leave everything to Victoria, because he was going to die soon.  Dennis also says his wife and mother-in-law would wake him in the middle of the night and badger him about his will. So, yes, it seems the divorce is all about the estate planning. But who is the bad guy here?  Is it Victoria, a scheming gold-digger after his money?  Dennis says so.  He feels he gave her every luxury he could, which of course only made her want more. Or are Dennis’ children the bad actors?  Are they taking advantage of their father in a weakened state to cut his wife out, so they can get more? Or is it Dennis himself?  Victoria says he threatened to kill her, and she found a loaded handgun and shotgun in her bedroom, despite the fact they were living with their six-year-old daughter. According to Dennis Hopper’s doctor, he’s perfectly capable of making his own decisions and is in fine mental health.  It seems like the Judge agrees, because the divorce is going full-steam ahead.  Dennis got his restraining order a few days ago. So, it looks like Dennis and his children will get their wish, and Victoria will get cut out of the will.  Unless he succumbs to his battle with cancer first, that is. The really sad part of this saga isn’t that it’s happening to the Hopper family.  Rather, to me, the really tragic part is that this type of family drama is far too common.  Families often place aging or disabled seniors in the middle of a tug-of-war over money, especially in second marriage situations.  Do you think people stoop to this level only when millions of dollars are involved? No!  In this economy especially, I see families act just as ruthlessly over $100,000, or even less.  Too many people see sickness and death as a financial opportunity.  And that’s the real tragedy. There is some hope.  A well-crafted estate plan, from an experienced estate planning attorney , is a good start.  And a vigilant family who protects aging or dying loved ones from unsavory sorts is a must. The problem is that spotting the true gold-digger isn’t always easy.  Sometimes it’s a new spouse or girlfriend.  Sometimes, it’s the children from a prior marriage. Either way, anyone who thinks that this only happens in Hollywood–and that it can’t happen to their family–needs to think again. Posted by:  Author and probate attorney Andrew W. Mayoras, co-author of Trial & Heirs :  Famous Fortune Fights! and co-founder and shareholder of  The Center for Probate Litigation and  The Center for Elder Law   in metro-Detroit, Michigan, which concentrate in probate litigation, estate planning, and elder law.  You can email him at blog @ trialandheirs.com.

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Dennis Hopper battling his wife; says she’s after his will

The wars over the final wishes of Bill Davidson & Mel Simon

William Davidson and Melvin Simon had a lot in common.  Both were billionaires and both were Jewish.  Simon built his fortune through the country’s biggest shopping mall company, Simon Property Group, and Forbes estimated his net worth at $1.3 billion.  Davidson led Guardian Industries Corp., one of the world’s largest glass suppliers, and had a fortune recently tabbed at $4.5 billion. They also each owned NBA franchises in the midwest.  Davidson owned the Detroit Pistons (yeah!), while Simon co-owned the rival Indiana Pacers (boo!) with his brother, Herbert Simon. Both men died last year, with Davidson passing away at age 86 in March and Simon passing in October, at age 82.  And both were survived by spouses as well as children from prior marriages. And, in both instances, the spouse and the children from the prior marriage did not see eye to eye.  Because of that, both the Davidson Estate and Simon Estate are mired in lawsuits about the true wishes of the beloved billionaires. In Davidson’s case, there are actually multiple lawsuits that have recently been filed.  An Israeli company and a Jewish charity started the legal actions claiming that Davidson (a renowned philanthropist who generously supported many charitable causes, especially Jewish and Israeli ones) had promised them sums totaling $20 million.  The problem was that Davidson’s revised will, signed only one week before he died, did not include money for these Jewish and Israeli causes. Karen Davidson, Bill’s wife, supports the company and charity, and she has actually joined in the request for funds, even though, as Bill’s wife and a primary beneficiary of her estate, Karen stands to lose millions if the money is taken from the estate to pay these claims. Opposing Karen and these claimants are the two co-executors of the Davidson estate, which includes the husband of Karen’s step-daughter.  The son-in-law pointed to a dispute amongst the beneficiaries as a reason for refusing to provide the money. Yet these $20 million disagreements pale in comparison to the family feud surrounding Mel Simon’s Estate.  He signed a new will and trust seven months before he died that drastically reduced the inheritance to his three children, to the benefit of his wife of 37 years, Bren Simon.  In fact, reportedly, Bren will receive one-half of the fortune, instead of one-third, with the children being cut out. Deborah Simon, Mel’s daughter, filed the lawsuit a few weeks ago.  She claimed that Mel was ill from pancreatic cancer, dementia and neurological disorders which impaired his understanding and his ability to sign the new documents.   In fact, she says, he wasn’t even able to hold the pen or the documents to sign his name, and someone else had to move his hand for him. Mel’s wife, Bren, counters that the documents were valid.  Mel fully understood and desired to make the changes, she says, to protect his wife from his children, and because he wanted to compensate her for loss in value of company stock.  Bren admits that Mel needed help signing the estate planning documents, because he suffered from symptoms of Parkinson’s disease. Mel’s wife, Bren, counters that the documents were valid.  Mel fully understood and desired to make the changes, she says, to protect his wife from his children, and because he wanted to compensate her for loss in value of company stock.  Bren admits that Mel needed help signing the estate planning documents, because he suffered from symptoms of Parkinson’s disease. As a probate litigation attorney who regularly handles will disputes and trust contests like these cases, I see these types of family fights affect people on a daily basis.  While millionaires and billionaires do seem to attract these legal battles more often (as covered in Trial & Heirs:  Famous Fortune Fights !), the reality is that they are also far more common than people realize, even for middle-class families. The exact same type of legal fights surface over estates worth hundreds of thousands, or even tens of thousands.  When a will or trust is changed and family members are cut out, or someone is convinced that a promise was made and not fulfilled, estate disputes are usually just around the corner. The best prevention remains a good estate plan with an experienced estate planning lawyer.  Despite this, two-thirds of adults in this country don’t even have wills. Don’t let this happen to your family!  Work with a good attorney and plan ahead.  And if you do suspect a loved one has been a victim of undue influence, or has been coerced to sign new documents when not mentally competent, learn your legal rights by working with an experienced probate litigation attorney. As the Davidson and Simon estate battles will demonstrate, these court proceedings are long, expensive and emotionally-draining for everyone involved. Posted by:  Author and probate attorney Andrew W. Mayoras, co-author of Trial & Heirs :  Famous Fortune Fights! and co-founder and shareholder of The Center for Probate Litigation and The Center for Elder Law in metro-Detroit, Michigan, which concentrate in probate litigation, estate planning, and elder law.  You can email him at awmayoras @ trialandheirs.com.

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The wars over the final wishes of Bill Davidson & Mel Simon

California Court Throws Out Octomom Guardianship Case

It’s the Octomom vs. celebrity attorney Gloria Allred!  Battling in the California Court of Appeals over the rights of a stranger to intercede to protect children whom he’s never met, just because they’re on TV.  Well, and because there are 8 babies, plus 6 other kids, and a mom with no husband and no job. While Octomom Nadya Suleman has captured the interest of the nation for the mind-blowing number of children she’s given birth to in the last few years, her court case has peaked the interest of guardianship attorneys across the country.  Why?  Because it addresses a unique question:  To what lengths should the law allow court intervention to protect children . . . should a complete stranger be able to haul a parent into court?  A few months after Suleman gave birth to her now famous (or infamous) octuplets in January, 2009, a self-proclaimed champion of celebrity children filed a guardianship proceeding seeking to protect the kids.  He asked for an independent guardian to be appointed to oversee the children’s finances.  He wanted to make sure they received their fair share of any profits Suleman earns from reality shows and other money from footage and photographs of the family that redefines the phrase “Eight Is Enough!”. Paul Petersen, represented by celebrity California attorney Gloria Allred, filed the legal proceeding under California’s law allowing even non-family members to seek protection for the estates of children.  Specifically, the law permits a guardianship filing by “a relative or other person on behalf of the minor” to protect the financial interests of the kids.  So what does “other person on behalf of the minor” (or in this case, eight little minors) mean?  Does this include a total stranger, who’s never met the kids?  We’re not talking about a government employee whose job it is to protect kids.  This is just a guy who feels like be helpful . . . or nosy (depending on whom you ask). The first court that heard the case sided with Petersen and ruled that he could challenge Suleman’s fitness to manage her kids’ money.  The judge denied Suleman’s request to dismiss the case and instead appointed a guardian at litem to investigate and report back to the court. Suleman filed an appeal.  Her attorneys argued to the Court of Appeals that a stranger shouldn’t be permitted to bring a legal proceeding like this one.  Octomom’s legal counsel also argued that it was especially improper when the stranger had no evidence of wrongdoing, but instead relied on TV reports and internet articles. The California Court of Appeals agreed with Suleman, in a published opinion released a few days ago.  You can read the opinion by downloading it here:   Download Suleman Ct of Appeals Opinion .  But, it wasn’t a total loss for Petersen and others who want to protect celebrity children.  The Court ruled that strangers could legally start a guardianship proceeding like this one, but only when they had supporting facts showing financial misconduct or other information to warrant court intervention. So what facts are strong enough to allow a case like this to proceed?  The court opinion stated that a mere belief or concern that something bad may happen is not enough.  Parents have a constitutional right to raise their children and California law assumes a parent is competent to raise his or her children unless proven otherwise. So a stranger, like Petersen, can try to interfere, but only with actual evidence to support the case.  In other words, Peterson needs to show some documents or testimony that The Octomom Extraordinaire did something wrong with her kids’ money before the court can entertain a guardianship case.  Until then, Suleman and her numerous offspring are on their own. At least, that’s where the law is, in California, as of today.  Gloria Allred said Petersen is considering appealing the case to the California Supreme Court.  So the legal ruling could change. What do you think?  Is Suleman’s decision to undergo IVF, leading to octuplets, after already having 6 young ones at home, and then electing to profit from them through a reality TV show and selling footage and images of the children enough to justify the involvement of a court?  Or should she be free to raise all those kids without a complete stranger trying to butt in and question her actions without any proof of financial misconduct? Don’t be surprised if Petersen does try to appeal.  This case will have far-reaching implications, especially in California, for children who earn money, on television or otherwise.  If Petersen succeeds, all parents of those children may find themselves in court one day answering questions raised by a complete stranger. Of course, some would argue that any parent who wants to profit by putting their kids on reality TV should have to answer questions to make sure the kids are protected. Posted by:  Author and probate attorney Andrew W. Mayoras, co-author of Trial & Heirs :  Famous Fortune Fights! and co-founder and shareholder of  The Center for Probate Litigation and  The Center for Elder Law   in metro-Detroit, Michigan, which concentrate in probate litigation, estate planning, and elder law.  You can email him at blog @ trialandheirs.com.

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California Court Throws Out Octomom Guardianship Case

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