Greg Plitt’s Final Run
- Tuesday, 24 February 2015 21:43
Greg Plitt, the “star” of Bravo’s “Work Out” show, was struck and killed by a train last month while allegedly filming a commercial for an energy drink which involved him trying to outrun a train. Sources indicate that his will was not witnessed so TMZ has reported that his father has applied to be the administrator of his $800K estate.
Three quick points:
1. TMZ is not the bastion of legal accuracy so they are incorrect in stating that Plitt’s father will determine which creditors get paid and “how the remaining money gets divvied up.” The intestacy statute of California requires that his parents will share his estate.
2. Any 37 year old should have a will. It is part of being a grown up even if adolescence is prolonged while being a fitness model.
3. While we know that Plitt fatefully disregarded his parents’ advice about not playing on train tracks, it remains uncertain if he disregarded his parents’ admonitions about not running with sharp objects in his hand, playing with matches, and looking both ways before crossing the street. 
Eggs On Ice
- Sunday, 22 February 2015 20:17
Before a young British woman died of cancer 4 years ago, she froze her ovarian eggs. Her 59 year old mother now wishes to have the eggs fertilized by a sperm donor in an attempt to give birth to her daughter’s child. A NYC fertility clinic has agreed to assist the woman for $90,000. Britain ‘s Human Fertility and Embryology Authority (HFEA) has denied the woman’s application to receive the eggs and send them to NY because there is no clear evidence of the deceased’s wishes.
Several points:
1. I have addressed this issue twice in my practice. When actual embryos are involved, I specify in the will who will receive the embryos. With respect to gametic material, the Hamilton County Probate Court allows it to be given to a will beneficiary without it being specifically mentioned.
2. As a U.S. citizen, I am thankful we do not have a know it all organization like the HFEA interfering with an individual’s decisions and wishes.
3. I suspect the legal issues in a case involving frozen sperm would be stickier.
“If I Die Young”
- Tuesday, 03 February 2015 21:49
When Cory Monteith, of “Glee” fame, died in 2013 he did not leave a will. By law, his $810,000 estate is to be distributed to his divorced parents as his closest living relatives. However, because his father did not pay child support to his mother nor see Cory for almost 20 years, he is prohibited from inheriting from his son, which leaves all of the estate to his mother.
Two small points:
1. When one dies without a will, state law dictates who will receive one’s assets. In Ohio, spouses are first in line, followed by children, then parents.
2. It is unusual for young, single people to have wills, but those with $800K estates and a history of substance abuse should definitely have one.
Stuck Between Worlds?
- Sunday, 07 December 2014 21:40
In the non-story of the year, Patrick Swayze died in 2009 at which time he owned real estate in New Mexico. His widow, Lisa Niemi, recently filed a will to transfer the real estate to their joint trust. Swayze’s family members believe that the will was possibly forged because they did not receive any of his $40 million estate. They contend that the signature does not look like his and that he was admitted to the hospital that day before dying two months later.
Several points:
1. It is rare for someone to include parents and siblings in a will when one has a spouse (and children). It is also possible that the trust provided for his family members.
2. It would not be far fetched for his handwriting to become unrecognizable after suffering from pancreatic cancer for 18 months.
3. Who knew “Ghost” could be real? In a turn of events, even without the help of Oda Mae Brown (Whoopi Goldberg), Swayze’s family is channeling the greed of Sam Wheat’s frenemy, Carl Bruner.
Contact Info
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