BlogRead the Latest News

 

COPY

Robert Indiana, the artist known for the iconic pop art image, LOVE, died in May at the age of 89. Mr. Indiana had moved to an island off the coast of Maine in 1978 where he continued to generate highly derivative images of his most famous piece, including HOPE for President Obama’s 2008 campaign.
For the last five years of his life, Mr. Indiana paid a caretaker $250K annually to assist him. He also gave the caretaker power of attorney. The caretaker withdrew over $600K from Mr. Indiana’s bank accounts supposedly at his direction.

The estate is supposed to turn Mr. Indiana’s dilapidated house into a museum to display his works. The estate is now embroiled in litigation over the withdrawn cash and whether Mr. Indiana was actually producing new art at the time of his death.

A few points:

1. Situations involving wealthy elderly individuals with no close family are always difficult because there is so much potential for financial exploitation.

2. Sometimes the caretaker is the best person to serve as attorney in fact if there are no relatives and the individual has outlived all of his friends.

3. Still, $600K of withdrawals for an individual living on an island off the coast of Maine with no place to spend the money seems excessive.

4. The last thing our country needs is another remotely situated vanity based museum dedicated to an artist of modest reknown.

5. AC/DC apparently copied Mr. Indiana’s playbook of recycling/copying prior work to earn great wealth.

Photo Credit:  Johnsonville Sausage 

License: Fair Use/Education (from linked article)

No Mayo, Please

Alyssa Gilderhus was 18 years old when she suffered a ruptured aneurysm. She was given a 2% chance of survival when she arrived at the Mayo Clinic. Miraculously, she survived and was transferred to the Mayo’s rehab section. Her mother soon became disenchanted with her care and requested that various personnel not attend to her daughter while voicing her displeasure on Facebook posts in all caps. She eventually asked for a transfer to a different hospital.

The Mayo Clinic refused the transfer request alleging that Alyssa could not make decisions for herself. The hospital also sought guardianship of the patient. Frustrated, Alyssa’s family engaged in a cloak and dagger move with Alyssa escaping the hospital and fleeing Minnesota so she could not be returned to the hospital.

A South Dakota hospital saw Alyssa and prescribed medication and sent her home. Alyssa graduated from high school this year after being named Prom Queen.

One point, one plug, and one comment.

1. When she turned 18, Alyssa should have executed a health care power of attorney and a HIPAA Release so her mom could access her health care records and legally make medical decisions for her during her incapacity.

2. I always advise my clients to have their children execute those documents when they turn 18 and definitely before leaving for college. My fee is $150.

3. I would tend to follow the advice of doctors at the Mayo Clinic over those at a rural South Dakota hospital. But if a mother who posts on Facebook in all caps with exclamation points wants to follow different advice for her daughter’s care, she, not a social worker, should have the right to make that decision.

Photo Credit:  Engebretson family

License:  Fair Use/Education

 

Chain of Fools

When Aretha Franklin died last week after a long battle with pancreatic cancer, she allegedly did not leave a will. She is survived by her four sons, one of whom has special needs, who will receive equal shares of her estate. Her niece asked to be appointed as representative of her $80 million estate. Aretha’s copyright attorney told reporters that when there is no will, “there will always end up being a fight.”

Some points of relevant interest:

1. No one wins a long battle with pancreatic cancer. See Jobs, Steve.  Prepare a will.

2. When a woman dies without a will, there should not be much to dispute because there are no illegitimate children to contest heirship.

3. The niece’s fee for serving as personal rep. could be $1.6 million.  One of the sons should have dibs on this role.

4. Surprisingly, Madonna did not ask to be appointed as personal representative.  

Photo Credit:  Jae C. Hong/AP

License:  Fair Use/Education (from linked article)

Close a Chapter

Janice and I dropped Jack at Ohio State on Saturday, closing the “married with children at home” chapter of our lives. He did not take the super hero lunch box.

Piece of Britney (Part 2)

Since her breakdown in 2007 and early 2008, Britney Spears’ finances have been controlled by her co-conservators – her father, Jamie Spears, and attorney, Andrew Wallett. The conservatorship was to assist Britney with managing her financial affairs after she shaved her head, performed poorly at the MTV Video Awards, and locked herself in her bathroom with her young son for 24 hours.

Recent court filings show that Britney earned $56 million last year and spent $385K. Predictably, her ex-husband, Kevin Federline, wants to triple the $20K/month child support he receives from Britney. The one time back up dancer has six kids – two with Britney, two with his first wife, and two with his current wife – but only earns $35K/year. Britney and her co-conservators oppose the increase request. The child support will end in any case when their youngest son turns 18 in 2024.

Several points:

1. If the conservatorship has limited Britney’s spending to $385K, it is clearly working so why end it?

2. $240K should be more than sufficient for K-Fed’s two sons with Britney. He likely needs the extra cash to support his other 4 children.

3. Some of Britney’s favorite stores per the filings are Target, TJ Maxx, Old Navy, Ralph’s, and McDonalds. You can take the girl out of Louisiana but apparently you cannot take Louisiana out of the girl.

Photo Credit:  Reuters/Mario Anzuoni – RC1AEDAB9420

License:  Fair Use/Education (from linked article)

Contact Me

All Posts By Jay Brinker

I am an attorney located in Cincinnati, Ohio who practices in the areas of estate planning, probate, asset protection, and small business advice. I make a difficult and bewildering process as simple as possible. Most importantly, I provide "more for less" for my clients.