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Khloe and Lamar (Update)

khloe-kardashian-lamar-odom-divorce-relationship-news-update-2014At the risk of turning this blog into TMZ-lite or another gossip site, Khloe Kardashian and Lamar Odom have called off their pending divorce. Lamar has recovered enough from his cocaine and Viagra induced coma that he is now in physical therapy.

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Coma and Lamar

Lamar_KhloeLamar Odom remains in a coma in Las Vegas after being found unconscious in a Nevada brothel after going on a weekend bender with cocaine and herbal viagra. His estranged wife, Khloe Kardashian, is reportedly making his medical decisions for him even though they separated two years ago and signed their divorce papers in July.  Los Angeles divorce courts have a four month backlog of divorce cases.

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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.

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No More Scooby Snacks. Or Water.

The bizarre and emotional battle over the medical care of Casey Kasem is nearing an end.  An LA County judge has authorized his daughter to have doctors withdraw his feeding tubes.   The ruling follows Kasem’s wishes as expressed in his 2007 living will.  The ruling also adheres to his health care power of attorney which gave his daughter authority over his medical decisions (and not his wife).  Jean Kasem, an actress known for  playing dumb blonde roles, maintains that the daughter is sentencing him to death because she wants his money.

Several points:

1.  Usually a living will and health care power of attorney will avoid this acrimonious situation.

2.  It is too bad that the public has had to view the reason Kasem trusted his daughter with his medical decisions and not his wife.

3.  Like Kasem, I would not want someone who throws meat at others when angry in charge of my medical decisions.

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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.