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Trouble Don’t Set Up Like Rain

Marcelle Harrison’s mother and step-father, both of whom were Barbadian immigrants, purchased a house in Boston in 1970 for $23K. Her mom died in 2009. Her step-father died without a will two years later.
 
Now, Harrison and her multi-generation family are being forced to leave the $1 million home because they are not the legal owners. Because her step-father died without a will, his closest living relatives, nieces and nephews who live in Barbados, will inherit his estate. A state representative who lives across the street said “It shocks the conscience to think that this low-income, Barbadian family could be displaced, really out of the blue.”
 
A few points, some of which I have made before:
 
1. The legal outcome is correct – under the statute of intestate succession, which applies when there is no will, Harrison has no claim on her step-father’s estate no matter how long he was married to her mother.
 
2. Thoughtful estate planning is important for everyone, but even more so for second marriages and blended families.
 
3. The local politician might find this outcome shocking, but I am not shocked that a Massachusetts politician would use identity politics to describe the problem while being ignorant of the law.
 
Photo Credit:  Jessica Rinaldi/Boston Globe
License:  Fair Use/Education (from linked article)

(Not) Gentle on His Mind (Part 2)

I previously noted that Glen Campbell’s 3 children from his second marriage were contesting his will which he signed in 2006. The will omitted them, likely due to their supporting their mother during her divorce from Campbell and later suing him over the publishing rights she received in the settlement. His 2001 will also omitted them. The children recently dropped their lawsuit.

A few points:

1. The lawsuit would have been difficult to win because Campbell made both wills long before he went public with his Alzheimer’s diagnosis.

2. Campbell’s estate was recently valued at $1.2 million which is way less than the original estimate of $50 million.

3. If the omitted children were successful in challenging Campbell’s estate plan, they would have inherited $100K each tops.

4. The money for recording artists is in the writing and publishing not the performing. Campbell generally performed songs written by others.

5. Three divorces, 8 children, and years of cocaine use are never conducive to accumulating wealth.

Photo credit:  Larry McCormack/The Tennessean

License:  Fair Use/Education (from linked article)

Gronk Would Not Do This

 
Aaron Hernandez is the former New England Patriot who committed suicide last month while imprisoned for murdering a friend.  He had only recently been acquitted of the murder of two other individuals and was still appealing his prior murder conviction.  Since his suicide, the Commonwealth of Massachusetts has vacated his murder conviction because his appeals were still in process.  Within hours after his arrest in 2013, the Patriots terminated his contract and did not pay the remaining guaranteed money owed to him.  
 
In his suicide note addressed to his fiancé, Hernandez wrote “you’re rich.” Many reporters have interpreted that to mean that he was thinking not only of what money he still owned but also that she would collect $6 million owed to him by the Patriots under his last contract.  Some think that the Patriots would be on the hook if they terminated Hernandez’s contract because he was convicted of murder but was later exonerated due to this peculiarity of Massachusetts law.  
 
A few points on the intersection of two of my favorite topics – probate law and the NFL:
 
1.  Hernandez and the Patriots actually settled his grievance for unpaid guaranteed money under his last contract for $1 million in 2014 likely meaning there is no further money to collect from the Pats.
 
2.  The victims of Hernandez have filed lawsuits against him.  Any judgments against him would be paid from his estate probably rendering it insolvent.  
 
3.  Unless Hernandez signed a will, his fiancé will not receive any portion of his estate because fiancés are not statutory heirs.  His daughter would inherit his estate if he did not leave a will.
 
4.  Drafting a will and thinking about the application of an obscure Massachusetts law involve long term planning and thinking which seem beyond the acuity of a guy seemingly lacking impulse control. 
Photo Credit:  AP/Elise Amendola
License:  Fair Use/Education

Between a Rock and Hard Place

greenwich village new

Bill Cornwell lived in a Greenwich Village brownstone with his same sex partner for 50 years. When he died two years ago, his will left the building and all of his possessions to his partner. However, the will was only witnessed by one individual while NY law requires two witnesses. Without a valid will, his estate will pass to his closest living relatives who are his nieces and nephews who recently sold the building for $7 million. The partner has since filed suit trying to prove that he and Mr. Cornwell were actually married, although they were not, so he can be considered the closest heir.

So many points and such short attention spans:

1. All wills require two witnesses not related to the individual and who will not receive any assets under the will.

2. Using a DIY will kit could lead to problems with properly executing wills (among other issues)

3. The legal arguments made by the partner verge on stupid. One of them is that even though they lived in NY, which does not recognize common law marriage, they bought a dog in Pennsylvania in 1991 as a symbol of their commitment to each other and because Pennsylvania used to recognize common law marriage they should be considered as married.

4. The 85 year old partner would be better off dropping the law suit and accepting the offer of the nieces and nephews to live in the apartment for 5 years at a monthly rental of $10 and receive $250,000 upon the sale of the building.

5. The entire problem could have been avoided if they had simply married each other once gay marriage became legal.

6. One niece claimed, apparently with a straight face, that her uncle did not want his partner to inherit or he would have properly executed the will. She also suggested that perhaps the men were just friends or great companions. The address of the rock under which she lives is unknown.

Purple Reign?

prince son
The Santa Monica Observer, a weekly newspaper, is reporting that a DNA test shows that a Washington man in his 30’s is the illegitimate son of Prince. The man’s mother reportedly played in the same clubs as Prince in the 1980’s. He and his mother are reportedly estranged due to her contacting him after Prince’s death by a Facebook message imploring him to call her by saying “Prince might be your, father call me.”
 
Several pithy points:
 
1. If the story is true, the man would be Prince’s closest living relative and in position to inherit his entire estate.
 
2. However, if the man had been adopted by another man, his right to inherit from Prince would be closed off because Prince would not be considered his father.
 
3. Odd that this story is reported only by the Santa Monica equivalent of City Beat which is known for concert listings, hating all Republicans and the local and state government, and for classified ads of men seeking men and women seeking women.
 
4. Perhaps the national media is too busy asking about Hillary’s missing e-mails, her health, and her refusal to hold a press conference in 2016 to bother themselves with updating the search for Prince’s heirs

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.