The Revlon chairman’s ill-fated family fortune fight

CNN’s Fortune Magazine recently had a fascinating article about Ron Perelman’s efforts to drag his paralyzed, infirm, and elderly ex-father-in-law through one of the most vicious estate battles we’ve seen in a while. Perelman built most of his billion-dollar fortune through a hostile takeover of Revlon.  In the process, he married and divorced four women, one of whom was Claudia Cohen (actress Ellen Barkin was another).  Cohen came from a wealthy family herself.  Her father and brother own and control Hudson Media, a powerful magazine company that is a long-time partner of Time, Inc.  Sadly, Claudia died after a difficult fight with cancer in 2007.  Her will appointed Perelman as her executor.  She named Samantha Perelman, her teenage daughter from their marriage, as her primary beneficiary. Claudia’s will made her wishes very clear, including her strong desire to protect the relationship between Samantha and Claudia’s father, Robert, and brother, James. Instead of following this wish, Ron Perelman did just the opposite.  He filed several lawsuits against Robert and James, despite the fact that Robert was in his eighties and had been ravaged from a severe form of Parkinson’s disease that left him paralyzed and barely able to speak.  Why?  Ostensibly to protect his daughter.  But the Cohens say it was a hostile takeover attempt of their valuable Hudson Media enterprise. Perelman’s lawsuits claimed many things, but the primary allegation was that the Cohens were supposed to give money to Samantha.  A whole lot of money, in fact.  Perelman felt she was entitled to one-third of the Hudson Group and claimed Robert had even promised to give one-half of his entire fortune to Claudia (and therefore, it would have gone to Samantha when Claudia died, the claim went).  Perelman hired aggressive lawyers and battled as hard as he could — even subjecting Robert to two days of testimony, despite the fact he was in a very frail condition, all the while arguing that Robert was not mentally competent.  When the dust settled, Perelman lost on every claim.  The Judge over the primary case expressed her shock at the claims.  She expressed her outrage about Perelman stooping to sue a severely disabled and dying man so that his extremely wealthy daughter would receive the same amount of Robert Cohen’s fortune as Robert’s only living child. In the process, Perelman spent legal fees that reached into the millions.  And all of it was for nothing.  Despite his dramatic defeat, Perelman still isn’t ready to give in.  The CNN Fortune article says that Perelman is appealing, or preparing to appeal, each and every claim he lost.  You can read the whole article here .  And who paid for these millions of dollars in legal fees?  Not Perelman.  Rather, it was his ex-wife’s estate.  In other words, it came from the money that was left for Samantha. Along with the monetary cost, Perelman’s aggression seems to have fractured the very relationships that Claudia desperately wanted to protect, according to her will.  18-year-old Samantha filed affidavits and even testified against grandfather and uncle, fully supporting her father.  Not exactly fostering the family relationship, is it? It’s a sad story, all the way around.  But, as with all of these family fights over money, it shows just how important good estate planning is.  While it can’t stop every estate battle, the proper legal planning is the best prevention. Of course, when the person in charge of the estate or trust chooses to start a fight that should never be started, it doesn’t matter how good the planning was.  So, when you prepare your will or trust, make sure you choose your executor or trustee wisely.  Certainly, Claudia would wish she had. On the other hand, some have argued she didn’t really make this choice at all.  Interestingly, Perelman only became her estate executor when Claudia changed her will one month before she died, while she was in the hospital fighting a losing battle to cancer.  Posted by:  Andrew W. Mayoras & Danielle B. Mayoras, co-authors of Trial & Heirs :  Famous Fortune Fights! and co-founders and shareholders 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 & Danielle are husband and wife attorneys.

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The Revlon chairman’s ill-fated family fortune fight

The 6 Most Controversial Celebrity Wills: Michael Jackson, Leona Helmsley, Princess Diana and More

Who got the money? Who had the biggest family feuds? The mistakes that were made — and what we can learn from them. Two legal experts in estate planning and the authors of Trial & Heirs have the scoop. If the recent and sudden death of Michael Jackson taught us something – other than the side effects of too much prescription medication – it’s the importance of a will or trust. Wills and trusts are taboo topics. We’re usually far more inclined to talk about Botox injections or mammograms than how we plan to divide our assets. But (and sorry for speaking so morbidly) once you’re dead, it’ll be far too late to finally address it. That’s why regardless of your age and health (Jackson was 50 and about to go on tour), it’s important to have a proper will — not just for your peace of mind, but for your family’s peace of mind too. In addition to the King of Pop’s highly publicized estate battles, here’s a glimpse at more late celebrities, who cast a spotlight on the importance of pre-mortem planning. From Leona Helmsley (leaving $12 million to her dog) to former Senator Edward Kennedy (having a confidant as his administrator), here’s a look at how these celebrities divvied up their estates – plus the mistakes they made that you should want to avoid. 1. One of the more recent (and brutal) family fortune battles was started by billionaire Revlon Chairman Ronald Perelman . Who incurred Perelman’s wrath? Besides his ex-wife Ellen Barkin , his infirm, paralyzed and elderly ex-father-in-law, Robert Cohen. Perelman claimed Cohen had promised half his extensive fortune to Claudia Cohen, Perelman’s other ex-wife, who had passed away and whose estate Perelman controls. Despite clear instructions in Claudia’s will to preserve the relationship between their daughter and the Cohen family, Perelman launched a series of vicious lawsuits that pitted them against each other. Perelman has lost on every claim, but vows to appeal in spite of the millions in legal fees he has already spent from Claudia’s estate. *Tip: The only reason Perelman could cause so much trouble was because Claudia Cohen named him as executor of her estate. Choose wisely when naming your executor or trustee or your family may literally pay the price! (Photo © Getty Images/Ron Perelman with ex-wife Ellen Barkin) 2. Sen. Edward ( Ted) Kennedy’s will provided the world a peek behind the curtain of the famed Kennedy family. It revealed that he created a living trust and directed that all of his assets pass into his trust. Who did he pick to administer his estate? Instead of choosing his second wife or any of his children, he chose a trusted family friend and confidant, Paul G. Kirk Jr. This is a classic second-marriage situation. Kennedy may have chosen Kirk because he wanted someone outside of the family to administrator the estate to avoid family friction. *Tip: In second marriages or situations where there is likely to be family conflict, choosing a family friend or trusted adviser makes good sense. Proper estate planning involves taking precautions ahead of time to avoid a family fight down the road. (Photo © AP ) 3. While there was little he could do to surprise anyone given his past eccentricities, when Michael Jackson died suddenly, it caught the world off guard . The good news is that Jackson had a trust, the Michael Jackson Family Trust. A trust keeps affairs private and outside of the probate court — at least when it’s used properly. In Jackson’s case, however, he didn’t transfer his assets into the trust and as a result, his estate went through the very public court process. The general public learned about all of the fighting going on in Jackson’s estate as well as financial information, such as his mother’s monthly grooming expenses of $1,000 and his family’s monthly allowance of $86,000. *Tip: A trust, unlike a will, can avoid the probate court process when used properly. By not transferring assets into your trust, however, you undermine some of the key benefits of a trust — privacy, avoiding probate court and decreasing the chances of a family fight. (Photo © Getty Images) 4. Leona Helmsley chose to disinherit two of her grandchildren while leaving $12 million to Trouble , her well-named Maltese. Faced with these glaring inequities, Helmsley’s two excluded grandchildren filed a lawsuit claiming that she was not mentally fit or competent to create the will and trust. After battling i t out in the probate court for seven months, the two grandchildren received $6 million plus legal fees. Poor Trouble had his inheritance reduced to a paltry $2 million. Hopefully, this would be enough for a secured home, well-paid guardian, grooming and a lifetime supply of dog bones. *Tip: Family conflicts are not unusual when someone passes away, whether the estate is modest or grand. Good estate planning is the best prevention, but if you find yourself in the middle of a dispute, consider a settlement before the fight reaches absurd costs. (Photo © AP ) 5. Unfortunately, the estate of Princess Diana was not handled with the same grace, dignity and class that she exuded in life. Diana left a “letter of wishes” asking her executors to “divide, at [their] discretion,” her personal property and give one quarter to her godchildren. Each godchild would have received property worth 100,000 pounds ($162,700). But Diana’s executors never did so. In fact, the executors convinced the court to disregard the “letter of wishes,” without even notifying the godchildren. Instead of 100,000 pounds, each godchild received only a single memento, such as an incomplete tea set, commercially available watercolor painting or, according to one godchild’s parent, a “grubby trinket.” * Tip: Don’t undermine your will or trust by taking shortcuts. Ideally, your intent should be incorporated into your will or trust and not placed into a separate document. A separate personal property list can work, but giving the executors “discretion” to follow it means that your wishes may not be carried out. 6. Warren Burger wrote his own will consisting of a total of 176 words … for a $1.8 million estate. If you do the math, it’s $10,000 per wor d. The former Chief Justice of the United State Supreme Court could have used a few more words to avoid legal fees. His estate was forced to spend thousands of extra dollars in probate court because his will failed to give his co-executors the power they needed to sell real estate, pay taxes and otherwise manage the estate. *Tip: Even if you are the former Chief Justice of the United States Supreme Court and wish to write your own will, at least have it reviewed by a legal expert. A “homemade” will is usually better than no will at all, but can have important provisions missing. By using a good estate planning attorney to prepare your will, later your family can save thousands of dollars in court costs. (Courtesy photograph) By Danielle B. Mayoras and Andrew W. Mayoras. Originally published by The Women On The Web at WOWOWOW.COM

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The 6 Most Controversial Celebrity Wills: Michael Jackson, Leona Helmsley, Princess Diana and More

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