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Pistons, Lightning, Shock, and Fury

William Davidson was the owner of the Detroit Pistons, Tampa Bay Lightning, and Detroit Shock (WNBA). When he died in 2009, he was listed as the 62nd richest man in the U.S. His estate recently settled litigation with the IRS over the amount of estate taxes owed. The IRS claimed that the estate owed an additional $2.8 billion (yes, with a B) in estate taxes. The dispute involved the value of closely held stock transferred to various trusts. The estate settled for $388 million.

Points, if I must:

1. I would call this a victory for the estate given that the IRS was seeking 7X more than the settlement amount.

2. Of course, it is never a victory for the family when they had already presumably paid more than $1 billion in estate taxes and were fighting over the incremental taxes.

3. All of this begs the question about how much estate tax is enough from one individual. If Democratic candidate nee Socialist Bernie Sanders were president, Davidson’s tax bill would have been $1 billion more.

4. Last, if one owns a professional sports team, or three, good estate planning advice is essential.

WNBA Finals Game 1: Sacramento Monarchs v Detroit Shock

Back In Town

Just returned from two weeks in Ireland and Iceland.  Post to follow soon. Meanwhile, here is a picture of Blair and Jack from Kinsale, Ireland.

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Father’s Day, Fashion, and Football

On Father’s Day, let’s briefly recap the will of fashion designer, Oscar De La Renta, who died last Fall.  It was recently reported that he snubbed his adopted son, Moises, in his will because he was upset that his then 20 year old son had tried to compete with him in the fashion design business by producing five or six pieces under his own name 10 years ago.  De La Renta left $18 million of real estate to his second wife of 25 years, then put the rest in trust for her, her children, and his son.  That amount likely was $5.34 million.

Several points:

1.  Funds left to his wife will not be subject to estate taxation until her death while leaving anything in excess of $5.34 million in trust or to his son will be taxed at a rate of 40%.

2.  Context is everything.   I doubt De La Renta was so insecure as to have been threatened or annoyed by his son’s attempt to follow him into the business.  Reporting that the son was disinherited for that reason makes for a nice narrative, albeit false.

3.  After 25 years of marriage, it is not unusual to leave a significant portion of an estate to a spouse, even if there are children from a prior marriage.  Leaving a football team worth $1 billion to a third wife of 10 years is questionable, though, Tom Benson.

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Fixed Fees Are Preferable

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Cheat His Mom Then Cheat His Son

Anthony Marshall was the son of socialite Brooke Astor.  He was convicted of elder abuse of his mother and served two months in jail for stealing $14 million from her.  In his will, which was recently admitted to probate court, he left all of his assets to his second wife and her children.  He specifically excluded his son, Philip Marshall, who was the individual who notified authorities of his father’s treatment of Ms. Astor.  The younger Marshall will not contest his father’s will.

Three quick points:

1.  The will would be difficult to challenge unless the younger Marshall could prove that his father lacked mental capacity to execute the will.

2.  The purposeful omission of the younger Marshall for ratting out his father is evidence that the father was mentally competent.

3.  If a man steals from his mom, it is not beneath him to vengefully disinherit his son.

brooke-astor

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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.