Farrah Fawcett trust in the midst of ugly lawsuit

Richard Francis is the trustee of The Fawcett Living Trust, Farrah Fawcett’s trust which details how she wanted her money to pass.  You can read the Probate Lawyer Blog’s prior article discussing this interesting trust here .  On behalf of the trust, Francis sued Hollywood producer Craig Nevius accusing him of embezzling hundreds of thousands of dollars from Fawcett’s company and botching production of a television documentary showing her struggles with cancer. Nevius is not taking the lawsuit lying down.  In fact, he says the entire case is a thinly-disguised attempt by Francis to use money from Fawcett’s trust to protect his own interests.  Nevius had already sued Nevius, as well as Ryan O’Neal (Fawcett’s longtime companion) and her friend Alana Stewart when Nevius felt they wrongly excluded him from producing the documentary, which aired on NBC in May of 2009.  In other words, Nevius says that this lawsuit by Francis is retaliation to get back at him for his lawsuit. But, that’s just the beginning of the fireworks.  Nevius claimed that he was a close friend of Fawcett and one of the first she told when she found out she had cancer in September, 2006.  He alleges that Stewart (whom he describes as “Ms. Fawcett’s self-proclaimed ‘best friend’”) only found out about her cancer from the internet, weeks later.  Nevius states that Stewart was absent from Fawcett’s life “when there were no video cameras present”.  Stewart, Nevius says, weaseled her way into the documentary so she could profit from it — and she published a book to make even more money off of Fawcett by divulging her private medical information. But that pales in comparison to what Nevius says Ryan O’Neal and Richard Francis did.  O’Neal, Nevius’ court papers say, actually threatened to kill Nevius to get him to surrender control of the documentary.  Francis, whom Nevius describes as O’Neal’s business manager, later told Nevius to stay away from Fawcett or “you’re gonna get your ass kicked in by Ryan!  And I mean it!”. Nevius says he only wanted to protect Fawcett and make sure her needs were being met.  But O’Neal and Francis conspired to wrest control of the documentary away from Nevius and lock him out of Fawcett’s life. Nevius also expresses his outrage that the documentary included footage of Fawcett on her death bed and being visited by her son in “a prison jumpsuit and chains”, which he claims Fawcett never wanted to be shown.  Nevius also objects to Stewart and O’Neal both using the documentary to make self-serving statements to benefit themselves. Nevius says the whole lawsuit is an excuse by Francis to line his pockets and those of his attorneys, at the expense of the trust beneficiaries, including Fawcett’s father, who have not received the money they’re supposed to from the trust. Courtesy of Radaronline, you can read Nevius’ court filing here .  The lawyer representing Francis, O’Neal and Stewart has already responded, calling Nevius’ allegations “spurious and outrageous”. So what can you make from all this?  Well, clearly, someone tried to exploit Farrah Fawcett while she was dying from cancer.  Was it Nevius, by allegedly embezzling hundreds of thousands of dollars from her?  Or was it the trio of Francis, O’Neal and Stewart?  We don’t know which side is telling the truth.  We do know that it’s obviously gotten very ugly. But the real tragedy is that cases of exploitation of the sick and the elderly is far more common that most people realize.  Many see those with cancer or other diseases, or mental deficits caused by dementia and/or Alzheimer’s, to be a golden opportunity to get close, cut out others, and end up with the money. It doesn’t just happen to the wealthy, either.  Think someone mentally limited with $100,000 in assets isn’t a target for someone desperate for “easy money?”  They are.  And lawsuits where two sides, both claiming to love someone, duke it out in court over his or her true wishes are a growing epidemic. So talk to your loved ones.  Do the proper planning ahead of time.  Protect them and be wary. Many of our clients  say they never could have imagined it happening to their family.  Fawcett’s loved ones are probably saying the same thing. 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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Farrah Fawcett trust in the midst of ugly lawsuit

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

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

Caregiving: Words of Wisdom

Meredith BromfieldI am joining Katana and the Designated Daughter team of caregiving and legacy experts.  Each week, I will be posting my Words of Wisdom column and hope you enjoy it.  Each post will focus on a quote, my words of inspiration and an action you may take.  Our theme the month of November is “Forgiveness”.  You are invited to sign up to receive these WOWs in your email box by signing up for our RSS feed.  Thank you!

QUOTE:

“Unease, anxiety, tension, stress, worry – all forms of fear – are cause by too much future, and not enough presence. Guilt, regret, resentment, grievances, sadness, bitterness, and all forms of nonforgiveness are caused by too much past, and not enough presence.”

-Eckhart Tolle 

INSPIRATION: 

When you live in the future you are strapped with the fear of the unknown and don’t live today. When you hang on to stuff from your past and don’t let go, you again are not living today. For each day that you choose to live in the future or in the past you lose the most precious gift of today.  Life is too short and too precious to not enjoy it and live it. You get only one shot at life – it has been said this is not a dress rehearsal and you don’t get a “do over” – all you have is today. Don’t lose it because you are stuck in the past or are living in tomorrow. Today is a gift, treasure it, savor it, enjoy it, and share it because quite frankly this is all you get!

ACTION:

Purpose to live today. When you get up in the morning focus only on what is needed for today. Take captive every thought that either drags you into the past or pushes you into the future. When these thoughts come ask yourself… Is this something I can do today?  The answer will either be yes or no.  If your answer is yes, then ask yourself what you can do and then do it. If your answer is no then write it down on a piece of paper and stick it into a file that says “God’s pile” - it is no longer mine to deal with.  If it is something that brings you into the future the same rules apply. By the way, I don’t mess with “God’s pile” — it’s not mine anymore. I get to live today and enjoy it free from the mess of the past or the fear of tomorrow. 

To learn more about my programs on creating a legacy, visit www.CrossingYourBridge.net  

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Caregiving: Words of Wisdom

Ethical Wills on Video

by Steve Pender, video biographer & personal historian, Family Legacy Video, Inc. We’ve seen the scene in movies countless times. Bereaved relatives gather in a lawyer’s office. An attorney picks up a sheet of paper and begins to read, “I (insert name here) being of sound mind, do hereby bequeath my estate to…” And so on and so forth. A last will and testament, the document that details how a person disposes of his or her physical property after death, is a pretty common concept. But there’s another kind of will gaining popularity, one that focuses on spiritual and moral values as opposed to physical assets. And this will is often passed along before the will’s writer passes on. It’s called an ethical will. Ethical wills have actually been around for three thousand years, but they’ve gained newfound popularity since 9/11. They can take the form of personal letters written to a child, grandchild, niece or nephew, an audio recording or a video. Ethical wills can incorporate anything a person believes is meaningful enough to pass on. The Web site www.ethicalwill.com lists some common themes: Important personal values and beliefs Important spiritual values Hopes and blessings for future generations Life’s lessons Expressions of love Forgiving others and asking for forgiveness   Why create an ethical will? According to www.ethicalwill.com, some reasons are: We all want to be remembered, and we all will leave something behind If we don’t tell our stories, no one else will and they will be lost forever It helps you identify what you value most and what you stand for By articulating what we value now, we can take steps to insure the continuation of those values for future generations You learn a lot about yourself in the process of writing an ethical will It helps us come to terms with our mortality by creating something of meaning that will live on after we are gone It provides a sense of completion in our lives Video can be a powerful medium for passing along your values to a loved one. The conviction in your words and the passion in your eyes will leave a profound impression on the person for whom you create your video ethical will, as well as the generations that follow. You don’t have to do anything fancy from a video standpoint. To ensure a good quality video, either hire a professional or do-it-yoursef employing some of the basic organization, lighting and sound techniques described in the Family Legacy Video™ Producer’s Guide . An ethical will can be a wonderful gift and a long lasting legacy, made all the more powerful by the use of video.

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Ethical Wills on Video

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