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 Elvis Presley Conspiracy (Part IV): What does it all mean?

Many people have contacted me wondering about the final installment in The Probate Lawyer Blog’s coverage of Eliza Presley and her efforts to prove she’s telling the truth about The Elvis Presley Conspiracy.  Here are the prior installments to refresh your memory.  I promised I would share my personal thoughts about Eliza’s DNA and other evidence.  Now I am able to report that I have read all of Eliza’s reports from the Paleo-DNA Laboratory in Ontario, Canada, which analyzed the DNA.  In fact, it’s only one of many labs that have examined the DNA at different times.  But it’s the only lab to have issued reports about all the various samples. This Paleo-DNA lab reports show: Eliza and “Jesse” are “1.6 x 10 [to the fifth power] times more likely to be half-siblings as compared to an untested, unrelated person of the general population.  These statistics indicate that these two individuals are likely to be biologically related as half-siblings sharing one parent.”  The report shows a match of 9 out of the 13 “loci” tested. The likelihood of Jesse being Eliza’s father is zero (apparently 11 out of 13 matching “loci” is needed for that). Jesse and Brenda Smith [the recognized maternal first cousin of Elvis] are 418 times more likely to be related than someone from the general population, suggesting they are biologically related.  6 out of 13 “loci” match. Jesse and Donna Presley [the recognized paternal first cousin of Elvis] are 45.7 times more likely to be related than the general public, again indicating they are likely to be biologically related.  5 out of 9 “loci” match. Eliza and Donna Presley are 31.95 times more likely to be related, so once again, they are likely to be related.  5 out of 9 “loci” match. The 2002 FOX TV Jesse sample was a 100% match with the 2008 Jesse sample (the pink envelope sent to Eliza).  All 13 out of 13 “loci” match. The matching number of “loci” determines if there is a genetic match of kinship.  The closer the relationship between people tested means more “loci” will match.  Each person would match himself or herself 100%, and no one else (unless there was an identical twin). With these reports, there are way too many matching “loci” for all of this to be a coincidence. These reports show that Eliza and the person now referred to by many as “Jesse” are half-siblings, and Jesse in turn is biologically related to the known cousins on both sides of the family tree to Elvis Presley.  Because Elvis never had any full siblings (other than a twin, Jessie, who was stillborn), no one else could match cousins on both sides but Elvis himself.  Think about it — who else is related that close to your cousins on both sides of your family?  Only you and your siblings.  Even your children and parents wouldn’t match as close because they only share half of your DNA.  And I’m not the only one who read the reports and came to this conclusion.  Suzanne Stratford did another report for FOX 8 TV News about Eliza’s DNA evidence, which you can watch here .  This report concludes that the samples do match. Eliza also sent the results to another independent DNA company to verify the results.  The lab owner, Dr. Donald Yates, said publicly that the DNA supported Eliza’s claim and that Jesse had to be Elvis.  And yes, he said, this means that Elvis is alive.  Here’s a Memphis newspaper article about it. Does this mean the world is ready to believe Eliza? Not quite yet.  Elvis’ death is a ”truth” that has been accepted for more than 30 years.  Eliza is literally trying to rewrite history.  She’s going to need absolute, undeniable proof before she can garner widespread acceptance.  But, she’s spent too many years of her life battling those who don’t want the truth to come out to stop now. While the evidence I’ve seen is strong and compelling, I believe the public will need to see something more direct and concrete to prove a conspiracy this strong.  Relying on blind samples provided by cousins, outside of the court process, is not enough to change the history books. There are only two ways to do so. One would be for Lisa Marie Presley to come forward and provide a little saliva for a DNA test.  The attorney for Elvis Presley Enterprises said in the past that Lisa Marie won’t, because once she does it for one person, then she’ll have to do it for everyone claiming to be related to Elvis. The problem with that excuse is that Eliza is the only one who has ever presented enough evidence to convince a judge to reopen a Presley Estate.  No one else has gotten that far. Second, if Lisa Marie provides her DNA once, there would be a record of it and she wouldn’t have to ever submit it again.  The one sample could be tested against anyone claiming to be related to Elvis.  So why not do it? So far, she refused to cooperate when asked by the FOX TV News team in Cleveland, even though it would have quickly ended this entire debate.  In fact, Lisa Marie moved to London shortly after Eliza Presley’s lawsuit was refiled last August.  Eliza tells me that she will try to compel Lisa Marie to provide her DNA through the ongoing court case, but if Lisa Marie remains in Europe, that’s not going to happen. Which means there is only one other option to conclusively expose the conspiracy to the world.  Vernon’s grave would have to be exhumed and his body tested.  And while they’re at it, Elvis’ grave should be opened as well. I know, it sounds very distasteful, and I’ve asked Eliza about doing that very thing.  She doesn’t want to do it, unless she absolutely has to.  When I first asked her about that possibility, she said it was “unthinkable”.  I for one believe there is no choice if Eliza wants to prove she’s telling the truth … unless Lisa Marie Presley changes her mind and donates a little saliva. Exhuming bodies of famous people for DNA testing has been done before.  Here’s an article I wrote about famed football player George “The Gipp” Gipper .  His body was exhumed for testing because of people claiming to be heirs. In the book I co-wrote with Danielle Mayoras, Trial & Heirs:  Famous Fortune Fights !, we include the story of Sonny Bono.  A sample was taken from his body for paternity testing, based on a claim of someone who said he was Bono’s secret love-child.  Will Eliza’s journey come to this?  We’ll have to see.  Eliza Presley’s court case is back on track and scheduled to come to a head this summer.  Hopefully, Lisa Marie will reconsider her position and not force Eliza to do what she really doesn’t want to do — seek court permission to exhume Vernon’s body. Until that moment comes, we have to examine the evidence that’s there.  Is the DNA evidence foolproof?  No.  While Dr. Yates and others are prepared to say, under oath, that it’s definitive, there is the issue of proof in terms where the samples came from.   Eliza can establish the chain of custody showing how she obtained the samples.  But for people to accept it, they have to believe her tale about how she got the DNA. In other words, what if she’s making the whole thing up?  That’s something I’ve thought about at length (I am a lawyer, after all).  If Eliza invented all of this, and the DNA isn’t from Presley relatives but is really from her own cousins, and none of them are Elvis relations, then all of the following would have to be true: Jesse would have to be ”in on it,” because his DNA matches Eliza’s — so they really are half-siblings. That would mean either she or Jesse would have had to track the other down, despite their age difference, because Eliza was adopted as a baby and didn’t know
she had a brother. They would
have also had to track down cousins from both sides of Jesse’s family, which again would have been tough because Eliza was adopted. The would-be-scam would have been started back in at least 2001, because that’s when the Dr. Hinton book about Elvis being alive was published. The scammers would have had to fool Suzanne Stratford and her bosses at FOX 8 TV News (unless they’re in on it, of course), because they never would have done the stories if they thought Eliza and Jesse were committing fraud. They would had to have fooled Dr. Yates and his DNA company, as well as Shirley Mason (the graphologist), among many others — not to mention the Missouri Attorney General. Plus, they would have had to plan to submit the Jesse DNA to FOX 8 TV News back in 2002 and then wait to spring their master plan into action in 2008, because Eliza’s 2008 sample from the pink Elvis envelope and the 2002 Jesse sample that FOX 8 TV News had tested match each other.  Why begin a scam in 2001 only to wait until 2008 to see it through? Not to mention the fact that if this was all a master scheme to defraud the public, through a court proceeding, why would they have done it knowing that it would be so easy for their plan to fall apart?  Elvis Presley Enterprises simply has to march into court with the DNA of Lisa Marie, or either one of the two cousins tested for that matter, and they could prove in a snap that it’s not true … unless, of course, it  IS true.  In other words, if this was a fraud, it would be so easy for the “Presley” camp to disprove it that no one would think they could get away with it   Yet no one has come forward in the court case to stop Eliza. I’m sorry, but I just don’t buy how they could have pulled all this off if it was a giant scam.  As hard as it was for me to believe, as an attorney, that Elvis may actually be alive, I find it much more believable that all this evidence is legitimate than Eliza and several others having engineered this entire scam years ago, knowing that it would involve testing of DNA.  But again, no one will believe it for certain unless Lisa Marie Presley cooperates or Vernon’s body is exhumed.  That will silence all the doubters.  There would be no way to fake that DNA. Stay tuned until this summer.  That’s when the real fun begins. [This is the fourth article in a four-part series covering the Eliza Presley case.  You can read Part I here ,  Part II here and Part III here ] 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 @ brmmlaw.com.

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The Elvis Presley Conspiracy (Part IV): What does it all mean?

Announcing the homecoming celebration of "Trial & Heirs"

Please join Andrew Mayoras and Danielle Mayoras at the homecoming celebration and book signing for the nationally acclaimed “Trial & Heirs:  Famous Fortune Fights!”, the new book that actually makes estate planning fun and interesting!  The event will take place at the Barnes & Noble in Troy, Michigan, on April 23, 2010, from 7 to 9 p.m. and is open to the public.   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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Announcing the homecoming celebration of "Trial & Heirs"

Michael Jackson Estate’s record deal raises questions

The Probate Lawyer Blog featured this article about the Michael Jackson Estate several weeks ago, posing the question of whether it is ethical for estate executors to seek a 10% fee for certain business deals they reach for such a high-profile estate.  It’s especially problematic when you factor in that one of the executors was Michael Jackson’s attorney. Well, this attorney, John Branca, and his co-executor, John McClain (a music executive), just hit the mother-load.  It was widely reported yesterday that they brokered a deal worth up to $250 million dollars (that’s right — one quarter of a billion dollars!).   What was the deal for?  Sony announced a seven-year distribution agreement for unreleased music recorded by the late King of Pop (as well as related video footage).  Yes that means that Branca and McClain earned $12.5 million each for one deal. Why do we question this?  For several reasons, actually.  First, it’s the job of executors to bring in as much money as possible for an estate that has earning potential like this estate has.  They shouldn’t need a 10% incentive to do the job they’re required by law to do. Second, Branca, reportedly, is the attorney who prepared the will and trust that named him as the co-executor and co-trustee.  Because of these documents that he created, he just made $12.5 million — in addition to the other fees he’s already earned (and will continue to earn). Would it be ethical for an attorney to create a will for a client to sign that leaves $12.5 million to that attorney as a direct beneficiary?  In most cases, no, it wouldn’t.  So why is this attorney allowed to earn that much as an executor fee? Finally, there’s the issue which we discuss in our book, “ Trial & Heirs:  Famous Fortune Fights !”, that Michael Jackson’s Trust wasn’t funded properly.  If it had been, then his estate would have been kept out of court and handled in private.  It’s also entirely possible that his trust document (which hasn’t been released to the public) may have specified what compensation the trustees would have received.  IF that’s the case (just speculating here), then Branca and McClain wouldn’t necessarily have been able to receive this percentage fee.  But, because Jackson’s Trust wasn’t properly funded, thereby requiring it to pass through the probate court process, it opened the door to allow this type of fee to be approved by the judge (again, if the trust document addressed their compensation, which isn’t unusual).  And the judge did approve the executors’ 10% fee in this case. A properly-used estate plan would have bypassed court entirely.  Jackson’s estate plan didn’t do that.  The attorney who prepared that estate plan now just earned tens of millions of dollars because of that estate plan.  And it’s all legal.  But is it ethical? Some feel it is.  After all, Branca is a respected entertainment lawyer and McClain is an experienced music executive.  They have the expertise to broker deals like this.  And clearly, judging by the amount of money they’ve brought into the estate, they’re good at what they do.  And Michael Jackson’s heirs are benefiting from their expertise. If it’s standard to compensate entertainment industry experts with this type of fee, why shouldn’t Branca and McClain earn what may be considered fair compensation in that line of business?  There is some merit to this position.  After all, Michael’s mother, Katherine Jackson, spent months battling McClain and Branca in court over this estate (until she hired a new attorney, at which time she changed her position).  Yet she didn’t object to their 10% fee.  If a primary beneficiary of Michael’s estate didn’t object to this generous fee, why should anyone else? What do you think? Posted by:  Andrew W. Mayoras & Danielle B. Mayoras, co-authors of Trial & Heirs :  Famous Fortune Fights! and co-founders 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, professional speakers and consultants across the country.

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Michael Jackson Estate’s record deal raises questions

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

I know, this all sounds crazy.

Brittany Murphy did update her estate plan, after all

Actress

The Elvis Presley Conspiracy (Part I): Is Elvis Alive?

One of my favorite lines from the movie Men in Black was: Agent Jay (Will Smith):  You do know that Elvis is dead, right?   Agent Kay (Tommie Lee Jones):  No, Elvis is not dead.  He just went home. That line has been running through my mind an awful lot lately. It all began in the early days of the Probate Lawyer Blog, when I came across a Memphis newspaper story about a woman claiming that she was the secret half-sister of Elvis and that she had the DNA to prove it.  How did she get the DNA?  From Elvis, because he was alive.  She had sued to re-open the Estate of Vernon Presley (Elvis’ father) to prove that Vernon was her father. And, of course, in  my first article about the case, I didn’t take her very seriously.  Elvis is alive?  Yeah, right.  Like almost everyone who heard about it, I scoffed.  I snickered.  I went about my day. Fast forward a few months … I received an email from the alleged half-sister, Eliza Presley.  She directed me to a website that had a lot of information explaining her DNA evidence.  I emailed back and asked Eliza for a copy of the DNA reports, so I could see them for myself.  Eliza politely said she was unable to send them to me because of the ongoing court case. But, I had seen enough that I thought I may as well keep an open mind.  Hey, stranger things have happened, right?  Here’s my second article about the case, where I said I was rooting for Eliza.  I mean, how cool would it be if she was right, and Elvis really was alive? The feedback I received from that article was surprising.  Many people contacted me because of it.  Most of them were very supportive of Eliza and proclaimed that the truth would come out … and it would shock the world.  I also received a few anti-Eliza emails, as well as a couple of phone calls, from people who vehemently (and quite aggressively) swore that Eliza was a big fraud and destined to land in jail.  In the meantime, Eliza Presley contacted me again.  I’ve interviewed her by phone, at length, along with her forensic investigator that helped her track down evidence for her case, as well as her attorney.  Her lawsuit is indeed proceeding, although slower than they’d like it to for a number of reasons.  Getting the Estate of Vernon Presley reopened was the first step.  That alone was a big accomplishment, because no Presley Estate had ever been reopened, despite the number of people claiming to be related to Elvis.  And it now appears that the court case will be coming to a head in the near future. Throughout these interviews, I’ve found Eliza to be very open and honest with me.  And yes, she even agreed to share a copy of the DNA reports with me.   She said that she chose to share them with me because, as an independent attorney experienced in estate disputes, as well as being an author and blogger in this legal area, I could write about the reports in an objective fashion.  I agreed to do so, but only on the condition that whatever opinions I wrote about the reports would be my own, whether Eliza agreed with them or not.  Eliza was comfortable with that. And so, she sent me the DNA reports.  I have read and analyzed the DNA reports and other evidence she sent me, as well as a lot of other information about the great ”Elvis Conspiracy” that I found on-line. And, I have to say, the information has been nothing short of fascinating.  So, do I believe Eliza?  Do I really think that Elvis is alive?  Is he really her half-brother? To be continued . . . [This is the first of a three-part series covering the Eliza Presley case.] Posted by:  Author and probate attorney Andrew W. Mayoras, co-author of Trial & Heir s :  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 @ brmmlaw.com.

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The Elvis Presley Conspiracy (Part I): Is Elvis Alive?

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

Kiplinger’s article: Cut the Lawyer out of your Will?

Kiplinger’s Personal Finance Magazine has an interesting article that’s coming out in the March 2010 issue, about do-it-yourself estate planning.  It was written by Jane Bennett Clark, Senior Associate Editor: You’ve been dragging your feet for ages on writing a will and drawing up other estate-planning documents. Now, to avoid the hassle and expense of hiring a lawyer, you’re considering using online forms to get the job done. Companies such as Nolo, LegalZoom and Rocket Lawyer allow you to do just that. Not only do they provide do-it-yourself estate-planning documents, but they also offer guidance on filling them out and general information on estate-planning issues. The cost for such off-the-rack estate planning? As little as $50 for a simple will to $220 or so for a package that includes a will and a living trust. That’s cheap compared with the $300 a lawyer might charge for a simple will or the $1,000 or more that a comprehensive estate plan might run you. Still, you get what you pay for, says Danielle Mayoras, an estate-planning attorney and coauthor, with Andrew Mayoras, of Trial & Heirs (Wise Circle; $20 at Amazon.com). Although the products themselves may be sound, one size doesn’t fit all, says Mayoras. “They don’t address as many what-ifs as if you had an attorney with you.” Last will and testament. Using an online will makes sense if your finances and circumstances are uncomplicated, says Joanna Grossman, a professor at Hofstra University School of Law, but “people don’t know whether they do, in fact, have a simple situation.” If you go the do-it-yourself route, be sure to have the will properly witnessed, says Betsy Simmons, an estate-planning attorney at Nolo. “You’re not done until you do all the things that make it official.” If your situation is, in fact, more complex — you want to disinherit a family member, say, or provide for a child with special needs, or shield a large estate from estate taxes — consult a lawyer. (The federal estate tax was repealed for 2010, but Congress is expected to reinstate it retroactively.) Revocable living trust. Often used for large or complex estates, this vehicle lets you transfer ownership of your assets to a trust that you control and avoid the public process of probate when you die. If you decide you need a living trust, hire a lawyer. Trusts are, by nature, tailored to particular situations, and they have a lot of complicated rules, warns Grossman. A lawyer will also have you fund the trust properly, which involves transferring the title on everything — from the deed on your house to bank and brokerage accounts — from your name to the trust. Failure to do so (a common rookie mistake) renders the trust inoperable, says David Shulman, an estate-planning attorney in Fort Lauderdale, Fla. Durable power of attorney. This document lets you appoint a representative to manage your financial affairs should you become incapacitated. Depending on your intentions — and state law — it goes into effect either as soon as the document is executed or if you become mentally incompetent. In contrast, a regular power of attorney ceases to exist if you become incapacitated. It pays to work with a lawyer to make sure you use the right documents and choose the right person for this important job. Advance directives. You need two state-specific documents: a living will, in which you specify the treatment you want to receive if you cannot speak for yourself, and a durable health-care power of attorney, in which you appoint someone to make health-care decisions on your behalf when you cannot. They are available free through hospitals and state medical societies. You don’t need a lawyer to fill them out, but you should discuss the provisions with a doctor and your health-care proxy before signing the documents. [ click here to see the article on Kiplinger.com ] The article has some good advice.  We always advocate working with an experienced estate planning attorney .  People who try to use a preprinted form, or trust or will kit, usually end up costing their families much more than they save in legal fees.  Don’t take shortcuts with your legacy! 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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Kiplinger’s article: Cut the Lawyer out of your Will?

Heritage book review of Trial & Heirs

There was a great book review of Trial & Heirs:  Famous Fortune Fights! that came out Friday.  Here’s a portion of it: “If you do nothing else of consequence for your life in 2010, make a will.” According to University of Michigan graduates Andrew and Danielle Mayoras, both attorneys, two-thirds of Americans don’t have one. I do, and my editor has a trust, but an informal poll in the Heritage newsroom at an editorial meeting proved that of the nine people sitting there, two of us had a will. And, truth be told, mine seriously needs updating. Reading this book has compelled me to do something about it in a smarter way than I had done in the past. The Detroit couple’s book, “Trial and Heirs,” will jump start you in the right direction, too. Not only is a fun read, but also an important one — one that should become the basis of family meetings everywhere. You’ll learn why it’s important for everyone to do estate planning. According to the authors, it protects families from fighting. They say the consequences of waiting to take care of it “someday” can be devastating. The authors take what is a very dry subject and make it not only educational, but also interesting. What’s nice is there’s not a lot of fine print to bog down readers in the process. By taking estate cases of famous people and boiling them down to situations to which readers can relate, this book belongs in the library of every American over the age of 18. You can read the entire review from Heritage Newspapers here . 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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Heritage book review of Trial & Heirs

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