Wills, Trusts & Estates Prof Blog

Judge facing indecent exposure charges "demoted" to probate cases

In April 2008, Tulsa County Oklahoma District Judge Jessie Harris was charged with two counts of indecent exposure.  See Judge Jessie Harris Busted, Bubbaworld, April 25, 2008.

While his charges are resolved, he has been "demoted" from the felony docket to the probate division where he will preside over cases involving wills, trusts, and other probate matters.  See Bill Braun, Judge facing sex charges in given new assignment, Tulsa World, April 29, 2008. 

Regardless of the guilt or innocence of Judge Harris, I am disturbed by the implication that probate cases are less "worthy" and that probate court is viewed as a good place to park potentially ethically- or morally-challenged judges while their cases are resolved.

Special thanks to David S. Luber (Attorney at law, Florida Probate Attorney Wills and Estates Law Firm) for bringing this situation to my attention.

The "Lottery Curse" Strikes Again

I have often reported on this blog about the difficulties lottery winners face after striking it big (see Jack Whittaker Update).  Persons who suddenly obtain large amounts of money, such as performers, professional athletes, lottery winners, or personal injury plaintiffs, tend to deplete these windfalls rapidly because they have never learned how to manage their money wisely.

The "lottery curse" has struck again!  In 2007, Doris Murray won $5 million in the Georgia lottery.  Doris was recently found stabbed to death in her home and her ex-boyfriend is being held in connection with her murder.  See AP, $5 million lottery winner found slain, signonsandiego.com, May 7, 2008.

Police report that the murder may have been a result of an argument stemming from the couple's breakup.  You can imagine how angry a boyfriend might get seeing the "gravy train" leaving the station.

It is interesting to note that it seems that Doris received good advice regarding her winnings.  She continued to live in approximately the same life style she had previously enjoyed.  She elected to take the winnings in 20 annual payments which would net her after taxes about $172,000 per year.  It is reported that she was going to use the money to create a trust fund for her grandchildren.

Cemeteries prevail over Kansas City Airport

An ongoing fight between the Kansas City International Airport and relatives of individuals buried in homestead cemeteries which are in the path of proposed airport expansion has recently been resolved.

According to Glenn E. Rice and John Shultz, Platte County judge halts city’s plan to relocate KCI grave sites, Kansas City Star, April 18, 2008:

A Platte County judge has ruled that four homestead cemeteries near Kansas City International Airport will remain intact and not be disturbed to make way for economic development.

Kansas City officials had sought a court order to move the graves from those cemeteries to a five-acre site near Tiffany Springs Park.

Circuit Court Judge Abe Shafer ruled Thursday that among other things, the city “failed to demonstrate good cause for the disinterment and movement of the individual remains.” The city also failed to provide evidence that the public would benefit from moving the graves. * * *

Kansas City Aviation Director Mark Van Loh said they were disappointed in the ruling because the city had planned to consolidate the cemeteries, which are often vandalized and used for illegal dumping. Van Loh said they would proceed with plans to build fences around the cemeteries.  * * *

The court appointed Platte City attorney Robert H. Shaw to represent any unknown dead. In his ruling signed Thursday, Shafer also blocked the city from disturbing or disinterring any remains located “in, around and in the vicinity of the cemeteries.”

Preservation of Probate Records

The Florence County South Carolina Probate Court has recently received a grant to "preserve on microfilm more of its crucial, aging estate papers, some of which are more than a century old." 

See Charles Tomlinson, Grant to help probate court preserve estate papers, Morning News Online, April 30, 2008, which also explains:

The $849 grant is the first the court has received from the S.C. State Historical Records Advisory Board, Florence County Probate Judge Kenneth Eaton said.

It will be supplemented by $5,000 in the court budget for hiring someone to transfer the documents to microfilm, Eaton said.

The grant will be used to preserve papers from 1917 to 1959. Estate documents from the county’s 1888 formation through 1916 are already on microfilm, Eaton said.

“They get a lot of wear and tear because they’re public documents — people can come and open them up,” he said of the original paper files.

Microfilm, with a potential life of 500 years, makes estate papers and other fragile records easier to view and duplicate, according to the probate court.

Special thanks to Neil E. Hendershot of the Harrisburg, Pennsylvania law firm of Goldberg Katzman, P.C., who also authors the PA Elder, Estate & Fiduciary Law Blog, for bringing this article to my attention.

Is Steve Fossett's Estate Liable for Search Costs?

The governor of Nevada, Jim Gibbons, intends to ask Steve Fossett's widow to help Nevada pay the $687,000 is spent searching for her husband, although the search was unsuccessful.

According to AP, Nevada wants Fossett widow to pay search cost, MSNBC, May 2, 2008:

Ben Kieckhefer, press secretary for [the governor], said any assistance from the Fossett family would be voluntary.

"We are going to request that they help offset some of these expenses, considering the scope of the search, the overall cost as well as our ongoing budget difficulties," Kieckhefer told The Associated Press.

It is an interesting question whether Nevada could file a successful claim as a creditor of the estate.

Happy Law Day!

Today, May 1, is Law Day.  Not only that, this is also the 50th Anniversary of the first Law Day.

Here is a description of Law Day from the ABA:

Fifty years ago President Eisenhower proclaimed the first Law Day a "day of national dedication to the principle of government under law." The ABA invites you to celebrate this enduring principle during the 50th anniversary of Law Day.

Law Day 2008 will explore the meaning of the rule of law, fostering public understanding of the rule of law through discussion of its role in a free society

Israel Acts to Increase Organ Donation

The Knesset has recently approved two laws aimed at increasing the number of organ donations made by the citizens of Israel.

The following is from Amnon Meranda, Knesset approves organ donation law, Ynetnews.com, March 25, 2008:

The first law on brain and respiratory death states that brain death would be defined as death with all its implications. * * *

The issue of defining the time of death was raised in an attempt to encourage the religious public to donate organs. Members of the Knesset's Labor, Welfare and Health Committee sought to reach an agreement with the Chief Rabbinate and rabbinical religious authorities on a definition of the donor's death.

MK Otniel Schneller * * * the bill's initiator, held negotiations over the past few months with different elements in the haredi world and among the religious public before reaching the historic agreement that led to the formation of a law defining brain death.

According to the law, the time of brain-respiratory death will be in a situation when the person is proclaimed dead by two certified doctors, according to fixed parameters (no blood pressure, failure to breathe without need for life support, no response from the pupils and an absence of other reflexes). * * *

The [second] new law states that a living person who donated his organs will receive the status of a chronic patient after the donation is made, and will not have to pay the self-participation fee for any medical service resulting from the donation, in addition to NIS 18,000 (about $5,100) in compensation from the State.

In addition, the donor will be entitled to a recovery of expenses for psychological treatment and a recovery leave, and will receive a merit certificate from the State. The donor will also be exempted from paying the entrance fee to nature reserves and national parks. * * *

The law includes an innovative clause giving preference to people who sign the donor card should they be in need of an organ transplant in the future.

Note that this latter provision matches the philosophy behind the LifeSharers organization in the United States.

Cohabiting Siblings Denied Same Rights as Married and Same-Sex Couples

Two sisters in England (Joyce and Sybil Burden) have lived together for most of their lives.  They never married and took care of their parents and other relatives.

Since 1976, they have attempted to be recognized as cohabiting couple for tax purposes.  Their requests have always been denied.

Recently, the Burden sisters appealed to the the European Court to obtain the same tax rights as married and same-sex couples.  By a 15-2 vote, the Human Rights judges denied their claim holding that they were not unfairly discriminated against.

Because of the ruling, when the first sister dies, the surviving sister will have to sell their home to raise the money to pay the estate tax which will be due on the home.

See Sisters lose European tax battle, BBC News, April 29, 2008.

Special thanks to Joel Debris (Professor of Law, CU Davis School of Law) for bringing this article to my attention.

Need an Organ? Don't Smoke Weed!!

Timothy Garon is suffering from hepatitis C and is in urgent need of a liver transplant.

Timothy was recently refused a spot on the transplant list because of his use of marijuana.  In fact, he was even arrested for growing marijuana in December 2007.

Here are some additional details from Gene Johnson, Medical marijuana patients denied a spot on transplant list, Seattle Times, April 26, 2008:

Because of the scarcity of donated organs, transplant committees such as the one at the University of Washington Medical Center have tough standards for deciding who should get them. Does a candidate have other serious health problems? Will he religiously take anti-rejection medicines? Is there good family support? Is the candidate likely to drink or do drugs? * * *

His case poses a new ethical consideration for those allocating organs, one that could become more common as a dozen states now have medical marijuana laws: When dying patients need a transplant, should it be held against them if they've used dope with a doctor's blessing?

Garon, who has been hospitalized or in hospice care for two months straight, said he turned to the university hospital after Seattle's Harborview Medical Center told him he needed six months of abstinence. The university also denied him, but said it would reconsider if he enrolled in a 60-day drug-treatment program.

This week, at the urging of Garon's lawyer, Douglas Hiatt, the university's transplant team reconsidered anyway, but it stuck to its decision.

Dr. Brad Roter, the Seattle physician who authorized Garon's pot use for nausea, abdominal pain and to stimulate his appetite, said he did not know it would be such a hurdle if Garon were to need a transplant.

James Brown Update

Earlier on this blog, I discussed the ongoing dispute over James Brown's estate.

Here is some additional information from Lynnley Browning, Stewards of James Brown Estate Sue Morgan Stanley, NYTimes.com, April 24, 2008:

A dispute over the estate of the legendary soul singer James Brown has reached a bitter new pitch — on Wall Street.

The estate’s guardians are accusing Morgan Stanley, the investment bank, of failing to prevent the estate’s previous manager, David G. Cannon, from draining millions of dollars held for Mr. Brown at the bank.

The money, which was to be used to finance Mr. Brown’s lavish personal lifestyle, came from the 1999 sale of $26 million of “Pullman bonds” that were tied to Mr. Brown’s future royalty income.***

In a statement Wednesday, Morgan Stanley said that the newest lawsuit “is without merit and we will contest it vigorously.” The bank said it had documentation authorizing Mr. Cannon to manage the funds in question.***

Special thanks to Joel Dobris (Professor of Law, UC Davis School of Law) for bringing this article to my attention.

Wife Vents on YouTube

According to Wife takes divorce drama online, vents scorn via YouTube, CNN.com, April 16, 2008:

Some prominent New York divorce lawyers couldn't think of another case where a spouse -- in this instance, the wife of a major Broadway theater operator -- had taken to YouTube to spill the secrets of a marriage in an apparent effort to gain leverage and humiliate the other side.***

In a tearful and furious YouTube video with close to 150,000 hits to date, former actress and playwright ("Bonkers") Tricia Walsh-Smith lashes out against her husband, Philip Smith, president of the Shubert Organization, the largest theater owner on Broadway.

She goes through their wedding album on camera, describing family members as "bad" or "evil" or "nasty," and talks about how her husband is allegedly trying to evict her from their luxury apartment. She also makes embarrassing claims regarding their intimate life[.]***

Felder explained that his client was "acting out of passion." He also called the prenuptial agreement she'd signed with her husband, who is a quarter-century older than her, "stupid.

Note: this YouTube video has been “removed by the user.”

Special thanks to David S. Luber (Attorney at law, Florida Probate Attorney Wills and Estates Law Firm) for bringing this article to my attention.

Man Declared Brain Dead Now Feeling "Pretty Good"

Zach Dunlap was in a serious automobile accident.

On November 19, 2007, Zach was declared brain dead at a hospital in Wichita Falls, Texas.

His family then authorized the donation of his organs.

According to AP, Man declared dead, says he feels 'pretty good,' CNN.com, March 24, 2008:

As family members were paying their last respects, he moved his foot and hand. He reacted to a pocketknife scraped across his foot and to pressure applied under a fingernail. After 48 days in the hospital, he was allowed to return home, where he continues to work on his recovery. * * *

Dunlap, 21, of Frederick, Oklahoma, said he has no recollection of the crash.

Dunlap said one thing he does remember is hearing the doctors pronounce him dead.  * * *

His father, Doug, said he saw the results of the brain scan.

"There was no activity at all, no blood flow at all."

Events like this are one of the reasons individuals are leery of consenting to organ donations.  One might wonder if someone was waiting in the wings for Zach's organs and whether the brain scan machine was properly connected.

Ray Charles' Estate Disputed

According to Michael A. Hiltzik, Ray Charles' children battle over his legacy, LATimes.com, April 20, 2008:

Shortly before Christmas 2002, Ray Charles called a meeting of his 12 children at a hotel near Los Angeles International Airport. Ten of them, ranging in age from 16 to 50 -- with 10 mothers among them -- listened as their father told them he was mortally ill and outlined what they could expect from his fortune.

Most of Charles' assets would be left to his charitable foundation. But $500,000 had been placed in trusts for each of the children to be paid out over the next five years, according to people at the meeting and a trust document.

Yet Charles' description left so much to the imagination that some of the children came away with the impression that he meant to leave them $1 million each. Charles also hinted that there would be more for them "down the line," which some interpreted to mean they would inherit the right to license his name and likeness for profit.***

Charles exercised iron control over his music and recordings, but his legacy is in disarray, knotted up in legal disputes between the estate's management and his family members[.]

Special thanks to Joel Dobris (Professor of Law, UC Davis School of Law) for bringing this article to my attention.

Hong Kong Pop Diva’s Estate Disputed

The following is from Mum disputes will, straitstimes.com, April 17, 2008:

Cantopop diva Anita Mui left behind assets worth HK$30 million (S$5.2 million) to HK$35 million when she died in 2003.

Her estate is now valued at HK$100 million.

Details of Mui's assets were revealed on Tuesday in a Hong Kong court hearing in which her mother Tam Mei Kam, 84, is battling to gain control of her estate.***

The will left two properties in Hong Kong and London to her close friend, fashion designer Eddie Lau, and up to HK$1.7 million for her four nephews and nieces' education.***

But Madam Tam wants the will to be declared invalid, which would entitle her to the entire estate.

She claims her daughter did not have the mental capacity to sign the will when she was under the influence of tranquillisers to treat her illness.***

Special thanks to Joel Dobris (Professor of Law, UC Davis School of Law) for bringing this article to my attention.

Siegel’s Heirs Receive a Share of Superman Copyright

According to Michael Cieply, Ruling Gives Heirs a Share of Superman Copyright, NYTimes.com, March 29, 2008:

A federal judge here on Wednesday ruled that the heirs of Jerome Siegel — who 70 years ago sold the rights to the action hero he created with Joseph Shuster to Detective Comics for $130 — were entitled to claim a share of the United States copyright to the character.***

[T]he ruling threatened to complicate Warner’s plans to make more films featuring Superman, including another sequel and a planned movie based on the DC Comics’ “Justice League of America,” in which he joins Batman, Wonder Woman and other superheroes to battle evildoers.***

[T]he judge’s 72-page order described how Mr. Siegel and Mr. Shuster, as teenagers*** worked together on a short story, “The Reign of the Superman,” in which their famous character first appeared not as hero, but villain.***

When Detective Comics bought 13 pages of work for its new Action Comics series the next year, the company sent Mr. Siegel a check for $130, and received in return a release from both creators granting the company rights to Superman “to have and hold forever,” the order noted.

Special thanks to Joel Dobris (Professor of Law, UC Davis School of Law) for bringing this article to my attention.

Attorney set to inherit £950,000 after killing his wife

According to Lawyer Who Killed His Wife Is Released after Just Two Years - And Inherits £950,000 From Her Estate, thisislondon.co.uk, April 9, 2008:

A wealthy lawyer who killed his wife after she had an affair is set to inherit nearly £1million from her will after being freed from jail.

Christopher Lumsden, 54, was said to have "snapped" after his wife Alison, 53, announced she was leaving him for a family friend.***

The jury heard that the father-of-two was suffering from a "depressive condition" at the time of the attack after being diagnosed with muscular dystrophy.

He was released on licence last September after serving around 18 months of his sentence and is now in line to receive £1million from her will, made five years before her death.

By law, a person convicted of manslaughter cannot inherit money from his victim.

But the courts can make an exception if the killer suffered from a mental disorder at the time of the crime.***

Rothko’s children seek to reunite their parents in death

The following is from Kathryn Shattuck, Rothko Kin Sue to Transfer His Remains, NYTimes.com, April 8, 2008:

For 38 years the body of the artist Mark Rothko has rested in an unassuming cemetery on the North Fork of Long Island, a quiet reminder of both the Abstract Expressionist legacy and one of the harshest legal battles ever to rock the art world.

Now, in a potential addendum to the history books that threatens to resurrect bitter memories of the long fight over Rothko’s estate, the artist’s daughter and son have petitioned a New York State judge to clear the way to have their father’s remains disinterred and reburied in a Jewish cemetery in Westchester County.***

Dr. Prizel and Dr. Rothko are also seeking to exhume the body of their mother, Mary Alice, who died six months after their father and was buried in Knollwood Cemetery and Mausoleum in Cleveland. Their goal is to reinter her remains with Rothko’s in Sharon Gardens in Kensico Cemetery in Valhalla, N.Y.

“Petitioners have long wished to reunite their parents in a final resting place consistent with their parents’ wishes and Mark Rothko’s Jewish faith,” their petition reads.***

Special thanks to Bruce S. Johnson (Associate Dean for Information Services, Thomas J. and Mary E. Heck and Leo H. Faust Memorial Designated Professor of Law, Moritz College of Law, the Ohio State University) for bringing this article to my attention.

Heirs Sell Celebrated Artwork to Cover Estate Taxes

The following is from Carol Vogel, A Colossal Private Sale by the Heirs of a Dealer, NYTimes.com, April 4, 2008:

In what experts described as the largest private sale of art ever, the heirs of the legendary dealer Ileana Sonnabend have parted with some $600 million worth of paintings and sculptures in two transactions to cover their estate taxes.***

Ms. Sonnabend’s art trove, which includes seminal works by artists like Andy Warhol, Jasper Johns, Robert Rauschenberg and Cy Twombly, is valued at more than $1 billion. Taxes on the estate amount to more than half the value of the assets, experts said.***

Known for a shrewd eye and sure taste, Ms. Sonnabend was among the world’s most powerful dealers in the 1960s and ’70s, as was her first husband, Leo Castelli.***

In addition to selling art Ms. Sonnabend enjoyed holding on to her favorites, and over the years she amassed hundreds of works of art and outstanding examples of 20th-century furniture. Much of it travels on loan to museums around the world, but a good deal has also been in storage for decades.***

Uncle says Heath Ledger may have more than one child

The following is from Even in Death, Rumors Plague Ledger, news.aol.com, March 31, 2008:

In the old days, the death of a celebrity meant the death of gossip-mongering around them. It was a level of respect afforded to the fallen star, their family and fans as a whole. But that was before Princess Diana, before the tabloid explosion and before the Internet.

Now, it appears, nobody -- dead or alive -- is too taboo for a headline, as Heath Ledger's uncle claims the actor may have fathered a child when he was 17.***

The "love child" report quotes Ledger's uncle, who claims that "there is a very real possibility that Heath" fathered a child when he was 17 and dating a 25 year old. The report contends that if it's proven to be Ledger's child, it could cause an estate battle for his ex-fiance Michelle Williams, with whom Ledger had their daughter Matilda.***

Special thanks to David S. Luber (Attorney at law, Florida Probate Attorney Wills and Estates Law Firm) for bringing this article to my attention.

French woman bequests all to her native village but with conditions attached

Helene Louart, who lived most of her life in Paris, retired in her native village in France’s Loire valley. She left all of her possessions amounting to 1,250,000 million euros to the village, but with controversial conditions attached.

For instance, Ms. Louart's house is to be sold only to a Parisian, all of her money must be used to build social housing, and the main street is to be renamed after her.

This interesting news video entitled Woman gives French village tricky choice from beyond the… is available online at cosmos.bcst.yahoo.com.

Heath Ledger’s Uncles Say Deceased Actor’s Father is a Poor Manager of the Estate’s Assets

The following is from Ledger Family Feuding Over Heath's Estate, omg.yahoo.com, March 19, 2008:

Heath Ledger's family is embroiled in the midst of a battle for control of the late actor's estate.

The actor's uncles are speaking out against Heath's father, Kim Ledger's, management of Heath's assets, according to People.***

Heath's uncles claim Kim's past estate management has been less than stellar, telling the magazine Kim was removed as the executor of their grandfather's estate 15 years ago.***

Heath's will, which was drafted before he met Michelle Williams and the birth of his daughter, Matilda, left his belongings to his parents and siblings.***

"When you are talking about large sums of money like this, it should be an independent executor, but Kim hasn't chosen that way," Mike Ledger added.***

Special thanks to Eric Pace (J.D. Candidate, Texas Tech University School of Law) for bringing this article to my attention.

French Woman Found Dead After Court Rejected Request for Assisted Suicide

According to Euthanasia debate woman found dead, CNN.com, March 20, 2008:

A French woman severely disfigured by facial tumors has been found dead just two days after a court rejected her request for an assisted suicide.***

It was not immediately clear how Sebire died.***

Assisted suicide is illegal in France, however. The law permits only passive euthanasia -- removing feeding and hydration tubes when a person is in a coma, or inducing a coma and then removing the tubes.

Sebire's lawyer had tried to convince a French court that it was "barbaric" to put her through the ordeal of dying slowly in an artificial coma, something that could take up to two weeks while her three children looked on in anguish.

The court turned down the appeal Monday.

At the same time, Sebire wrote a letter to French President Nicolas Sarkozy appealing for help, but he responded by suggesting top doctors should reexamine her for a second opinion.***

France's prime minister and health and justice ministers all made clear they did not believe changes in French law were needed.

Did a Hong Kong Tycoon Lack Capacity When She Executed Her Will?

According to Robin Kwong and Justine Lau, Hong Kong battle begins for tycoon’s billions, FT.com, Feb. 23, 2008:

The charitable foundation established by Nina Wang, the Hong Kong tycoon, fired its first shot in the battle for her $3.9bn (€2.6bn, £2bn) estate on Friday, taking aim at a reclusive businessman who also claims to be her heir.

The Chinachem Charitable Foundation filed court papers in Hong Kong arguing that Ms Wang, who died last April, might have been too ill in late 2006 to approve a will that bequeathed her estate to Tony Chan. Ms Wang was diagnosed with cancer in 2004.

The foundation is controlled by Ms Wang’s siblings and two executives at Chinachem, the property company once headed by the larger-than-life tycoon. It is the main beneficiary of an earlier 2002 will that mandates that the foundation use part of Ms Wang’s estate to fund a Chinese version of the Nobel prize.***

Special thanks to Joel Dobris (Professor of Law, UC Davis School of Law) for bringing this article to my attention.

Sisters Hide Inheritance in the Shed to Avoid Japanese Estate Tax

According to Matthew Firestone, Big in Japan: Sisters hide billions of yen in their tool shed, gadling.com, March 12, 2008:

Today in Japan, the tabloids are buzzing with the latest news of two sisters from the city of Osaka, who were arrested yesterday after hiding US$58 million from the tax man.***

[T]hey actually kept all of the money in cardboard boxes and paper bags that were stowed away in a shed attached to their house!***

According to prosecutors, the two sisters in question, Hatsue Shimizu and Yoshiko Ishii, inherited about 7.5 billion yen (or US$73 million) when their father, who owned a property and finance company, died in 2004.

In Japan, inheritance tax can take a serious chunk out of your assets, and this dastardly duo wasn't about to lose their hard-earned money to the government.

So, rather than losing an estimated 2.86 billion yen (or US$28 million) of their newfound fortune, the free-thinking pair simply declared a small amount and stashed the rest.***

Special thanks to David S. Luber (Attorney at law, Florida Probate Attorney Wills and Estates Law Firm) for bringing this article to my attention.

Possible Beneficiary of Jell-O Fortune Goes Home Empty-Handed

Elizabeth McNabb's biological great-grandfather started the Jell-O company.  However, Elizabeth was unaware of this fact until well into her adult years as she was adopted as child after having been born out of wedlock.

She learned that she could potentially take under two trusts.  The first, dated 1926 dividing Francis Woodward fortune among her mother's "descendants" and the second, providing for the property to pass to her mother's "living children."

According to Mark Fass, N.Y. High Court Finds Adopted-Out Child Has No Claim to Jell-O Fortune, NY L.J., March 14, 2008:

In December 2005, Monroe County Surrogate Judge Edmund A. Cavalruso decreed that McNabb did not constitute a "descendant" or "child" of her birth mother and therefore was not an intended beneficiary.

Last March, the 4th Department reversed, effectively granting McNabb an approximately $3.5 million share of the two trusts.

Thursday, the Court of Appeals again reversed, holding that McNabb is in fact not entitled to any part of the trusts intended to benefit her birth mother's children.

In Matter of the Accounting by Fleet Bank, the court reversed

finding that the law in effect at the time of the execution of the trusts, in 1926 and 1963, does not imply the right for an adopted-out child to share in a class gift.

The unanimous court also found that public policy precludes * * * McNabb from receiving shares of two trusts created to benefit her birth mother's "descendants" and "living children."

In the words of Chief Judge Judith S. Kaye:

[T]he finality of judicial decrees would be compromised if adopted-out children were included in such class gifts 'because there would always lurk the possibility, no matter how remote, that a secret out-of-wedlock child had been adopted out of the family by a biological parent or ancestor of a class of beneficiaries.'

Special thanks to Jeffrey A. Cooper (Associate Professor of Law, Quinnipiac University School of Law) for bringing this case to my attention.

Did Attorney Win a $5.15 Million Jackpot?

The following is from Guy Wins $5.15 Million Jackpot, Other Guy Unplugs Slot Machine, posted by Tim Stevens on switched.com, Feb. 29, 2008:

If you've ever been in a serious casino, then you've seen the gigantic slot machines off in the corners (the ones that only accept large-denomination bills).*** Such a machine was precisely the type that Illinois attorney Alvin Paulson put a $20-bill into while on vacation in the Virgin Islands. To his surprise, it lit up and started spitting out quarters -- that is, until a casino worker unplugged it and said it was a malfunction.

The machine was showing a $5.15-million jackpot when Paulson fed his $20 bill in there, an awfully big payout and an awful lot more than the $100 and a free meal that the casino offered him for the supposed malfunction. The casino has yet to offer any proof of said malfunction and Paulson is, naturally, suing the place for either said proof or the $5-million prize.***

Special thanks to David S. Luber (Attorney at law, Florida Probate Attorney Wills and Estates Law Firm) for bringing this article to my attention.

Famous Wills on Display in Washington

The following is from Eun Yang, Wills Of Famous Washingtonians On Display, nbc4.com, Feb. 28, 2008:

A special exhibit at the D.C. Superior Court showcases the wills of 13 famous Washingtonians.

The wills of Frederick Douglass, Alexander Graham Bell, Oliver Wendell Holmes and several presidents and first ladies are on display in the exhibit put together by Anne Meister, the register of wills at D.C. Superior Court.***

Douglass' will indicates things that mattered to him, such as taking care of his wife and the disposition of his writings and papers.

Douglass died with a large sum of money, which he earned himself. He left 15 acres of land and $20,000 to his wife. He also left $15,000 to each of his children, male and female, even though daughters rarely received money in wills during Douglass' era.***

The wills exhibit is on display at D.C. Superior Court's Building A, next to the law enforcement memorial. It is free and open to the public.***

Special thanks to Neil E. Hendershot, Esq. (Attorney at law, Goldberg Katzman, P.C., Adjunct Professor, Widener University School of Law) for bringing this article to my attention. You can read more on Neil's blog at PA Elder, Estate & Fiduciary Law Blog.

Heath Ledger's Will -- Interesting Issues May Arise

Australian actor Heath Ledger died on January 22, 2008 in New York City from an accidental drug overdose.  Heath was well-known for his role in the movie Brokeback Mountain and plays the role of "The Joker" in the upcoming Batman movie, The Dark Knight.

According to Jose Martinez, Heath Ledger assets go to parents, siblings, [New York] Daily News, March 8, 2008, Heath prepared a three page will in Australia in 2003 before becoming successful.  This will leaves his entire estate to his parents and siblings.  After executing this will, however, Heath's former partner gave birth to a child, Matilda Rose Ledger.

I wonder if Matilda will be entitled to a pretermitted child's share as computed under New York law or Australian law.

The Daily New also reported the following about Heath's estate:

[He] had less than $145,000 in New York assets at the time of his death, including $100,000 spread across various bank accounts, a $25,000 Toyota Prius and $20,000 in furniture and fixtures. * * *

There's also no hint of the real size of his wealth, including the fancy Brooklyn townhouse he and [Michelle] Williams shared, any property in Australia or cash stuffed in trust funds. * * *

The bulk of Ledger's estate will be handled in Australia.

Ledger's lawyer, Harvey Corn, has asked the judge to seal the file to protect the family's privacy.

Special thanks to Sara Hudman and Neda Jahansouz (both J.D. Candidates, Texas Tech University School of Law) for being the first individuals to bring this development to my attention.

Assisted Suicide -- An Australian Adventure

Don Flounders (78 years old) who is a resident of the state of Victoria in Australia suffers from mesothelioma.  He is very interested in assisted suicide but such is illegal here.  Thus, Don traveled to Mexico in early February to purchase Nebutal, a lethal drug which is considered a Class I drug just like heroin.  He also intended to purchase a dose for his dying friend, Angie Belecciu.  See Andrea Petrie, Dying man risks jail to by euthanasia drug, The Age, March 4, 2008, at 7.

Yesterday (March 5, 2008), Angie was in bed when the Australian Federal Police arrived to raid her house to located the Nebutal dose which Don had allegedly purchased for her.  Angie, however, is not upset at the police officers.  As four officers "opened draws, squeezed teddy bears and looked in her washing machine," another officer made her coffee and visited with her.  The officers did not locate the illegal drug.  See Dan Oakes, A different sort of death knock, The Age, March 6, 2008, at 11.

Court declares Dannielynn as Anna Nicole Smith's sole heir

Earlier on this blog, I provided an analysis of Anna Nicole Smith's will.

On Tuesday (March 4, 2008) a Los Angeles judge declared that Dannielynn is the sole heir to Anna's estate and set up a trust in the girl's name.  Her father, Larry Birkhead, and Anna's executor, Howard K. Stern, will serve as the co-trustees.

It is debatable whether this result is in accordance with the terms of her will.  It is reported that Stern's lawyer, Bruce S. Ross, said "We and Mr. Stern always believed that Anna Nicole never intended to disinherit her daughter. * * * I'm pleased to say this chapter in the saga is closed."

See AP, Judge: Baby is Anna Nicole Smith's sole heir, CNN.com, March 4, 2008.

Special thanks to Sara Hudman and Neda Jahansouz (both J.D. Candidates, Texas Tech University School of Law) for being the first individuals to bring this development to my attention.

Doctor accused of hastening patient’s death to retrieve organs faces criminal charges

The Following is from Jesse Mckinley, Surgeon Accused of Speeding a Death to Get Organs, NYTimes.com, Feb. 27, 2008:

On a winter night in 2006, a disabled and brain damaged man named Ruben Navarro was wheeled into an operating room at a hospital here. By most accounts, Mr. Navarro, 25, was near death, and doctors hoped that he might sustain other lives by donating his kidneys and liver.

But what happened to Mr. Navarro quickly went from the potentially life-saving to what law enforcement officials say was criminal. In what transplant experts believe is the first such case in the country, prosecutors have charged the surgeon, Dr. Hootan C. Roozrokh, with prescribing excessive and improper doses of drugs, apparently in an attempt to hasten Mr. Navarro’s death to retrieve his organs sooner.***

Dr. Roozrokh has pleaded not guilty, and his lawyer said the charges were the result of overzealous prosecutors. But the case has sent a shudder through the tight-knit field of transplant surgeons — if convicted on all counts, Dr. Roozrokh could face eight years in prison — while also worrying donation advocacy groups that organ donors could be frightened away.***

Terri Schiavo Analogue Recurs

According to Sean O'sullivan, Parents battle over life of brain-damaged daughter, delawareonline.com, Jan. 31, 2008:

In a case with parallels to the 2005 uproar over Terri Schiavo, a Newark father is fighting a court order that could allow the removal of a feeding tube and end the life of his brain-damaged daughter.***

According to court records, Lauren Marie Richardson, 23, is in a persistent vegetative state following a heroin overdose in August 2006. She was pregnant at the time and was kept alive at Christiana Hospital -- with feeding tubes and a breathing machine -- to allow her to give birth, which she successfully did in February 2007 to a healthy baby girl.

Late last week, a court awarded guardianship of Lauren Richardson to her mother, Edith Towers, who maintains her daughter did not wish to live this way and seeks to end artificial life support measures.***

Lauren Richardson, a Glasgow High School graduate, did not leave a "living will" stating her desires in such a situation, or use a mechanism in the Delaware law called an Advanced Health Care Directive, a simple form a person can fill out to make their end-of-life wishes clear.***

Special thanks to Alyssa A. DiRusso (Assistant Professor, Cumberland School of Law, Samford University) for bringing this article to my attention.

Ex-Microsoft Developer Leaves $65 Million to Benefit Same-Sex and AIDS Organizations

Ric Weiland, who was a high school classmate of Microsoft founder Bill Gates, committed suicide in 2006 at age 53.

Details have recently been released regarding his estate.  According to AP, Ex-Microsoft worker leaves $65 mil to gay rights, AIDS groups, CNN.com, Feb. 24, 2008:

[T]he Pride Foundation said Weiland's estate had established a fund at the foundation that would give $46 million over the next eight years to 10 national gay rights and HIV/AIDS groups, including Lambda Legal; the National Gay and Lesbian Task Force; Parents, Families and Friends of Lesbians and Gays; the Gay & Lesbian Alliance Against Defamation; and amfAR, the Foundation for AIDS Research.

His estate also bequeathed $19 million directly to the Pride Foundation for scholarships and grants supporting the gay, lesbian, bisexual and transgender community in the Pacific Northwest.

Leona Helmsley Estate Update

Here are some recent developments on Leona Helmsley’s estate from Christina S.N. Lewis, 'Queen of Mean' Lair To List for $125 Million, online.wsj.com, Feb. 1, 2008:

Representatives of the estate of Leona Helmsley have decided to list her Greenwich, Conn., mansion for $125 million, people close to the negotiations said.***

Known as Dunnellen Hall, the estate of more than 40 acres was at the center of Mrs. Helmsley's 1989 federal tax-evasion trial, when she was accused of illegally billing her company for more than $3 million of property renovations. The former model, dubbed the "queen of mean," served 18 months in federal prison. She died in August at age 87.***

The estate must be sold, according to terms of Mr