His Mom Will Not Be Happy

Wednesday, 27 November 2013 18:02
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Donte Whitner, safety for the SF 49ers, has filed an application to change his last name to Hitner.  The hearing in Cuyahoga Probate Court is set for Nov. 19.   His application for the change says it will be commercially favorable to him in various business ventures (and presumably in terms of increased jersey sales).

Two quick points:

1.  In a bit of irony, the 49ers play the Washington Redskins, a team under siege for not changing its name, in his first game after the name change.

2.  Unless the white supremacist market is larger than I believe, I doubt there is huge demand for a jersey with a name that could easily be mistaken for “Hitler.”

If You Have to Ask, . . .

Wednesday, 27 November 2013 17:59
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An individual who is a beneficiary of his uncle’s estate asked the Ethicist at the NYT if he should follow his uncle’s instructions to donate several thousand dollars to various charities.  The instructions were made in a letter accompanying the will.  The beneficiary perceived the groups to be “extremely right wing” and was offended by some of them.   The Ethicist instructed the beneficiary to make the donations or not take any money.

Several points:

1. Leaving money to someone with the expectation that he will share it with someone else or a charity is not legally binding nor a good idea (see the comment about not legally binding).

2.  Charitable bequests should be made in the will so they are carried out (and so charitable deductions are effective).

3.  Expecting anyone from California to donate money to a conservative cause is tilting at windmills.

Something’s Got To Give

Wednesday, 27 November 2013 17:57
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The estate of Herb Stern, the photographer famous for taking the Last Sitting photos of Marilyn Monroe 6 weeks prior to her death, is poised for a will contest. The 83 year old executed a will in 1997 which left half of his estate to his children from his first marriage with the other half establishing a foundation. He subsequently executed a will and a trust in 2010 which left his $10 million estate, save for a few cash bequests to his children, for the benefit of his 44 year old wife, whom he had secretly married in 2009.

Several points:

1.  It is perfectly logical for a man to alter his will to provide for his wife who was not in his life at the time of the will he signed 13 years prior.

2.  The new will has a no contest provision stating that anyone contesting the will will forfeit their inheritance.  If this clause is coupled with significant bequests to the children it could curtail a will contest by them.

3.  Secret marriage?  Perhaps Mr. Stern and his wife were channeling Marilyn Monroe  film titles.  Instead of “We’re Not Married” they decided to “Let’s Make it Legal” because Stern was only “As Young As You Feel” and followed the axiom that “Gentlemen Prefer Blondes.”  Once the facts are revealed, “Something’s Got to Give.” My apologies in advance.

Catching UP

Wednesday, 27 November 2013 17:55
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I had some technical difficulties (thanks spammers) with the blog which rendered it impossible for me to post in this forum for 2 months.  I was able to post in the other forums (Facebook, Google+, Tumblr, and Blogger) though. I will re-post the missing posts simultaneously.

If At First You Don’t Succeed, . . . . Forge? (No, Just Kidding).

Friday, 20 September 2013 01:32
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This is out of a horror movie.  A Kansas City attorney was recently charged with murder for killing her father’s girlfriend of 20 years.  Her father was shot and his girlfriend was repeatedly stabbed then shot at their vacation home in 2010.  Her father did not die from his wounds.  The woman then allegedly forged a health care power of attorney so she could withdraw his medical support 4 days later.  She was charged with his murder a year ago.  Apparently, she was concerned that her father would leave all of his assets to his soon to be wife.  In an odd but clarifying footnote, her mother (her father’s first wife), had spent 11 months in jail for stealing $100,000 from her own mother by forging a power of  attorney 10 years ago.

Points?

1.  If the father had wanted to preserve assets for his daughter he could have executed a pre-nuptial agreement to set forth which assets he would leave his soon to be wife (and what would be left for his daughter).

2.  Along the same lines, he could have executed a trust to provide for his new wife while leaving the remainder to his daughter after the wife’s death.

3.  Preparing a health care power of attorney to address medical needs is essential.   So is ensuring that the person with that responsibility has a copy of the document and is aware of the duties.

4.  When a daughter resents her father and his girlfriend, and her biological mother has already stolen from her own mother, an active alarm system  and a multitude of security cameras would be a worthy investment.  And perhaps a Kevlar jacket.