BlogRead the Latest News

 

Rick Dees’ Family Would Not Act This Way

Sunday, 22 December 2013 21:20

The family of long time American Top 40 host, Casey Kasem, settled their dispute over his health care on Friday.  The children from his first marriage had requested a conservatorship because they alleged that their step-mother was not permitting them to see him.  A court appointed doctor had opined that Kasem, who is bed ridden and hospitalized with Parkinson’s disease, would want to see his children.   Details of the settlement are undisclosed.

Several points:

1.  These types of disputes are fairly common with second marriages and children from a prior marriage.  They are also common among siblings when one child lives out of town.

2.  To reduce the risk of conflict, an individual should execute a durable power of attorney for health care and a financial power of attorney.   Further, the attorney in fact under both documents should communicate with other family members.

3.  Because terms of the settlement are undisclosed, it remains unknown if the Kasem children are permitted to visit their father, or if they have to send him long distance dedications.

 

 

 

Who Wants to Make (or Receive) This Phone Call?

Monday, 16 December 2013 21:06

From today’s Dear Prudence column on Slate:

Q. Death Around the Holidays: A man I work with and with whom I’ve had an affair the last two months died suddenly over the weekend. I am pregnant with his child. He didn’t know. His current wife, now widow, doesn’t either. How do I broach this subject? His estate is rather large.

A: I’d say I’m sorry for your loss, but since apparently you aren’t, I won’t bother. For your financial interests, contact a lawyer specializing in family law. I don’t have any advice on where you go to get help for your lack of morals—or heart.

Several points:

1.  If the man left all of his assets to his wife, I do not think that there will be much available for the child other than Social Security because the widow is not obligated to leave assets to the child.

2.  If the man did not have a will, in Ohio the child would essentially share in 2/3 of the probate assets with the other children.

3.  If  the man left assets in a trust for his wife and children, which ultimately are to be distributed to his children, the child from the affair will likely inherit the same share as his other children because children are usually defined generically in wills and trusts not as “children from my relationship with my wife.”

4.  I doubt Ann Landers and Dear Abby would have answered as tersely as Prudie did.

5.  Giving the woman the benefit of the doubt, which Prudie did not, the writer might have adapted her writing style to the 21st century blog post/Internet style and left out all perceived unnecessary adjectives (and emotion).  Or, she could be a Hemingway fan.

It’s All About Francesca

Wednesday, 04 December 2013 21:32

Julie Harris, the 5 time Emmy Award winning actress, died in August.  Her will named a minor soap opera actress, Francesca Rubino, as the co-executor of her estate.  Her will also contained a codicil stating that if her son, who lived on her property and who is to receive the bulk of his estate, threatened to harm the co-executor, he would be disinherited.  The son was unable to see his mother the last 3 years of her life.  Friends of Ms. Harris claim that Ms. Rubino wormed her way into Ms. Harris’ life and fired all of her long time employees including the gardener, housekeeper, and attorney. The new attorney, who presumably would earn $100,000 as co-executor, maintains that they are merely disgruntled former employees.

Several points:

1.  Wills can generally be challenged on the grounds of lack of mental capacity or undue influence.  An indicia of undue influence is where a non-relative receives money to the exclusion of children or one child receives a disproportionate amount.

2.  The son has standing to contest the validity of the will, but if he still receives most of the estate and the only issue is who will serve as executor, he might not be inclined to contest the will and lose money in legal fees.

3.  I have never seen a codicil threatening to disinherit someone, much less a child, for threatening anyone.  Codicils usually change the amounts to be received by a beneficiary.

4.  Who can blame the son for making a threatening gesture to someone described as “very alluring but very manipulative” and “who had a saintly look that was overboard”?

Road Kill Leads to Will Contest

Wednesday, 27 November 2013 18:12

Close to home, the four daughters of the founder of Griffin Industries, an animal rendering and food recycling company located in Greater Cincinnati, are suing 3 of their brothers for allegedly cheating them out of their inheritance.  They are also suing the law firm that advised the company and several family members.  To make their claim, they are relying on the federal RICO statute which was crafted to combat organized crime in the 1970s and alleging that their brothers were part of a racketeering enterprise.  Their mother died in 1985 and their father died in 1995.  The father had executed a trust in 1967.  Griffin Industries was sold for $840 million in 2010.

Many points:

1. In the interest of full disclosure, I used to work for the law firm being sued in the case.  I have no knowledge of the matter other than what is in the linked article.

2.  In the small world category, my law school professor, Robert Blakey, crafted the RICO statute when he was a Senate staffer and the issue of civil RICO actions was a frequent law review topic in the mid-80s.

3.  At some time between 1967 and 1995, the father should have revised his will and trust to reflect the current status of the business, his current finances, and the differing contributions of the family members to the business.

4.  The case is being litigated in federal court under a RICO theory presumably because the statute of limitations for litigating a will and trust contest has long since expired.

5.  With $840 million to be divided among family members, one would think that there were enough spoils for everyone to get along especially those not involved in the business operations and its success.

6.  $840 million is an incredible number for a business that started with collecting road kill.  Rendering seems to be the ultimate recycling business.  And most profitable, too.

No Signature, No Witnesses, No Worries

Wednesday, 27 November 2013 18:08

An Australian court recently ruled that a will typed in the notes section of an iPhone is valid.  The will was prepared by a man who committed suicide shortly thereafter.  The will was not witnessed nor was it signed.  Nonetheless, the court deemed it valid.

Several points:

1.  Thanks to Charlie Young, the attorney who represented the estate of the deceased, for sending me this news.

2.  Such a will in Ohio would not be valid because it did not meet the requirements of being witnessed by 2 individuals and signed by the deceased.  Presumably, if 2 witnesses and the deceased had signed their names electronically, it would have a chance of being valid in Ohio.  I would not want to represent the test case, though.

3.  If the will had been written on a Microsoft tablet, it would most likely not have been found valid because no one would have figured out how to use the tiles in Windows 8.

Contact Info

image

Address

Law Office Of Jay Brinker
1 E. Fourth Street - Suite 900
Cincinnati, OH 45202

Email

[email protected]

Phone

(513) 665-4888

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.