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Comic License:  Nick Galifianakis/Washington Post

License:  Fair Use/Education

What Is It With Sacramento?

Rosalie Achiu is a recently widowed Sacramento woman. Her neighbors described her as suffering from dementia. Shortly after she called the Sacramento sheriff for assistance in January, one of the responding deputies obtained her power of attorney, drilled a safe deposit box, moved her out of her house, and placed her on a plane to the Phillippines ostensibly to visit relatives there. The deputy claims that she did all of this at the behest of the woman. The deputy is now under investigation by her department.
A few points:
1. Color me skeptical that a woman would instantly give financial control of her assets to a law enforcement officer she recently met and that the officer would accept such power for benevolent purposes when social services and the probate court could assist the woman.
2. Mrs. Achiu should have executed a power of attorney prior to her husband’s death, or shortly thereafter, designating a trusted friend or relative as her attorney in fact for both financial and medical decisions.
3. In true 2018 fashion, the deputy claims that she is being investigated because she filed a harassment claim against her now current supervisor in 2007. This does not explain why her partner is also being investigated.
 
 
Photo Credit:  Unknown (AP?)
License:  Fair Use/Education (from linked article)

We Rebelled Against Monarchy for a Reason

Times are slow in the estate planning news area. I have been awaiting the resolution of a court hearing in Hawaii about the estate of their last living “Princess” for the past month. Alas, nothing has been reported.

Abigail Kinoiki Kekaulike Kawananakoa is considered the last living Hawaiian princess. Her great-aunt was the last Queen of Hawaii. Her great-grandfather was a pineapple magnate who left her a fortune. The 91 year old survived a stroke last summer. Her long time attorney was granted control of her $250 million estate. Her long time 64 year old girl friend married her last Fall after initially breaking up with her because she wanted more than the $700K annual allowance she was receiving.

A few points of some pithiness:

1. Planning wise, Abigail should have had a financial power of attorney designating someone to handle her finances if she were incapacitated.

2. She also should have a medical power of attorney allowing someone to assist her with her medical decisions when necessary.

3. Hawaiians revere their royalty no matter how tenuously connected to the throne from 125 years ago.

4. Some (including me) might call a woman who marries an incapacitated wealthy woman 27 years older than her an opportunist rather than a wife.

Photo Credit:  AP

License:  Fair Use/Eduction

She Didn’t Know (Updated)

Now that Bobbi Kristina Brown has died after six months in a coma, let’s revisit what will happen to her estate and her mother’s estate, while also covering what she should have done differently.  To recap, Bobbi Kristina was a month shy of 19 years old when Whitney died.  Whitney’s 1993 will created a trust solely for the benefit of Bobbi Kristina.  The trust distributed 10% of Whitney’s estate to Bobbi Kristina when she was 21 with the remainder to be distributed at the ages of 25 and 30.  Bobbi Kristina received approximately $2 million on her 21st birthday.  After Bobbi Kristina was found unconscious, her father (Bobby Brown) and grandmother (Cissy Houston) made her medical decisions for her somewhat contentiously.

What should have happened?

1.  Whitney should have provided that her estate be distributed to her daughter at an age later than 21.  I never draft trusts with such a young age for principal distribution.

2.  When Bobbi Kristina received her first distribution from her trust, she should have created a will of her own which would have enabled her to leave her $2 million to her “husband”/adopted “brother”, Nick Gordon.

3.  Upon turning 18, Bobbi Kristina should have executed a health care power of attorney, living will, HIPAA release, and financial power of attorney designating a specific family member to handle her affairs if she were disabled.  I always recommend this for my clients whose children are heading off to college.

4. None of this was done.  Of course, I doubt that basic estate planning was a priority for a family prone to alcohol and drug use while bathing.

bobbi-Kristina-Brown

Rick Dees’ Family Would Not Act This Way

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.

 

 

 

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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.