BlogRead the Latest News

 

To Have and Have Not (a Trust)

Sunday, 24 August 2014 18:46

The executors of Lauren Bacall’s estate filed her will in probate court on Friday.  Her will, which she executed last fall, left her $27 million estate in equal shares to her 3 children save for a few small five figure bequests to household staff and to her son to care for her dog.    She also left $250K to each of her grandsons to be used for college with them receiving the remainder at the age of 30.

Several points:

1.  A funded trust would have provided her privacy so the public would not know about her intentions.

2.  A trust would also be a more efficient means of managing the funds for her grandsons.

3.  With college tuition increases not grounded in economic reality, I hope the $250K is enough to fully cover college expenses for her grandsons.     lauren Bacall-Lauren_15

Tarnished Sterling

Thursday, 03 July 2014 21:04

The trial deciding whether Shelly Sterling can sell the Los Angeles Clippers as trustee of her husband’s trust will start on Monday, July 7.  Her husband, Donald Sterling, was banned from the NBA for life and fined $2.5 million after his “girlfriend” recorded him making racist statements.  After he was declared mentally incapacitated by 2 physicians, he was removed as trustee of his trust which enabled his wife to sell the team to Steve Ballmer for $2 billion.  The purchase price is the second highest for a sports franchise and is 2x the second highest American purchase.   Sterling only  paid $13.5 million in 1981.  The trial will focus on the trust terms.

Several points:

1.  The trusts I draft for my clients have similar provisions for removing a mentally incapacitated trustee.

2.  That Sterling is not accepting of the incredible $2 billion offer for a franchise known as the most inept in all of sports during his ownership tenure is evidence that he might be mentally incapacitated.

3.  His argument will be that he is not incompetent but simply racist and making a bad business decision.  He might wish to re-think that.

sterling 29906170001_3541842657001_Screen-Shot-2014-05-06-at-3-16-04-PM

Tragic Kingdom

Friday, 23 May 2014 08:31

Walt Disney’s youngest daughter died in 1993 survived by her 3 children.  She left her fortune in trust for them with a provision that they would receive their inheritance in $20+ million installments at the ages of 35, 40, and 45 if they showed “maturity and the financial ability” to manage the money.  Her son, Brad,is embroiled in litigation with the trustees over their refusal to give him his installment on his 40th birthday even though they gave installments to his older sister who was allegedly addicted to heroin and died a year after receiving her first installment and to his twin sister who had suffered a brain aneurysm and never held a job.  Brad does receive $1 million annually but his step-mother allegedly wants him to receive the large distribution so the funds will be available to her children.  The attorney who drafted the trust said the provision about maturity was his mother’s way to never give Brad control of the funds but to still treat him the same as her daughters.

Several points:

1.   When children have different needs and abilities, parents should treat them differently in their trusts to protect the children.

2.  The trust should have had a no substance abuse clause which would have allowed the trustees to pay for treatment for the oldest daughter and not give her funds to pay for a lifestyle that led to her death.

3.  Any similarity between the step-mother and Maleficent is purely coincidental.

 

walt-disney-world

Shooting an Airball

Sunday, 06 April 2014 15:33

Lorenzen Wright played in the NBA for 13 years and earned $55 million.  Shortly after his retirement, he was the victim of an unsolved murder in a suspected drug deal.  He was survived by his ex-wife, Sherra Wright,  and their 6 children.  After his death, his ex-wife received $1 million in insurance proceeds in trust for the children.  Within 10 months of receiving the proceeds, she was accused of having spent nearly all of them on housing, furniture, cars, and travel.  She is now subject to probate court action to remove her as trustee.

Several points:

1.  It is never a good idea to have a former spouse serve as trustee for the children.  A financially savvy third party is a much better choice.  Newly divorced individuals should quickly revise their wills and trusts to remove the former spouse and to keep him/her away from assets for the children.

2.  In some defense of Sherra Wright, purchasing real estate with trust assets is not spending them, it is re-allocating the type of investment.

3.  I suspect that Mr. Wright is not the only former NBA player to have significant career earnings and to die with less than 2% of them remaining.  Annual child support and alimony payments of $330,000 tend to rapidly diminish one’s net worth.

 

 

Fake Tan, Fake Debts, Short Marriage

Sunday, 05 January 2014 20:17

An NYC heiress has accused her estranged husband of duping her into giving him $750K of her trust funds which he allegedly spent on his mistress.  The 39 year old woman met her 30 year old husband at a tanning salon in 2010, married him in 2011, and soon ended up withdrawing funds to pay his alleged “gambling debts.”  At one time she withdrew $150K cash from a bank and placed it in a duffel bag.  She alleges that her husband used the funds to take his mistress to  Vegas and the Dominican Republic and to purchase gifts from Bloomingdales, Louis Vuitton, and Cartier.

Three quick points:

1.  A trust fund that allows a beneficiary to withdraw $150K and place it in a duffel bag is not very effective.

2.  A trust beneficiary capable of being duped to the tune of $750K in 2 years needs more restrictive trust terms.

3.  In ranking questionable locales for meeting prospective spouses, a tanning salon ranks below AA but only slightly above a rehab facility.

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.