Wills, Trusts & Estates Prof Blog

Family Keeps Mother's Corpse in House for Months

A woman in Wilmington, North Carolina, has been charged with concealment of death, a low-level felony, for failing to report the death of her mother.  The woman reportedly knew that her mother was dead but failed to report the death for months.  Possible motives are unreported. 

For more information and a video, see Kevin Maurer & Alysia Patterson, Woman Lay Dead for Months, Relative Charged, AP, Dec. 16, 2009.

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

Disney Family Member Passes Away

Roy Disney, the nephew of Walt Disney, recently passed away at the age of 79.  Roy Disney's father co-founded the Disney empire with Walt Disney.  Roy worked with the Disney Company for 59 years, helping to guides successes like Aladdin and The Lion King.  

Details on the distribution of Roy Disney's estate have remained private so far; however, he reportedly will be cremated, and his ashes will be spread at sea.  

See Alan Duke, Roy Disney dies at 79 after cancer bout, CNN, Dec. 2009; see also ABC News, Roy Disney Dead at 79, Dec. 16, 2009.

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

Football Player Chris Henry's Untimely Death

Chris Henry, football player for the Cincinnati Bengals, recently died after he fell from the back of a moving pick-up truck while fighting with his fiancee. The football player reportedly experienced a number of problems, including arrests and NFL suspensions, before getting his life back on track shortly before his untimely death.

Details on a will are unknown at this time.  Without a will, however, it is unlikely that Henry's fiancee will inherit anything from his estate.

See CNN, Bengals coach: Henry 'beacon of hope' before death, Dec. 17, 2009.

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

Marshall and Morrissey Sentenced to One to Three Years

Anthony Marshall and Francis Morrissey were sentenced to one to three years in prison for defrauding Brooke Astor of millions of dollars.  This was the minimum sentence possible.

When asked if he had anything to say at the sentencing, Marshall stated, "I have nothing to add to what my attorneys have said." 

Marshall will be allowed to stay out of prison on bail during any possible appeals to the conviction.  Due to Marshall's age, 85, a lengthy appeals process could save Marshall from actually serving the prison sentence imposed. 

See James Barron, Brooke Astor's Son is Sentenced to Prison, NY Times, Dec. 21. 2009. 

Anthony Marshall's Friends Petition the Court for Shortest Possible Prison Sentence

Anthony Marshall, convicted of grand larceny and fraud, could be sentenced to as little as one year and as much as 25 years in prison.  The prosecution has portrayed Marshall as a criminal deserving of punishment.  Close friends and celebrities, however, have sent letters to the court describing Marshall as a frail, humiliated, churchgoing man.  

Marshall is 85 years old. Marshall's friends told the court that the maximum possible sentence would be a death sentence for Marshall and that the humiliation of the trial was punishment enough.

Mallory Simon and Beth Karas, Celebrities plead for Brooke Astor's son to be spared prison term, CNN, Dec. 18, 2009.

UK Taxes Banker Bonuses While Goldman Sachs Execs Completely Forego

The United Kingdom will impose a 50% tax on banker bonuses exceeding $40,000 this year.  The tax will be imposed on the banks giving the bonus.  France reportedly plans to follow suit.  In the U.S., such a tax would be more difficult to enact given the power held by bankers.  

Goldman Sachs reportedly announced that its top 30 executives will forego their annual bonus this year, proving that some banks don't need legislation to curb large bonuses in this economic climate.

See Colin Barr, Is a Bonus Tax in our Future, CNN, Dec. 10, 2009. 

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

Family of Author Stieg Larsson Make an Offer to Larsson's Longtime Girlfriend

Before his death in 2004, author Stieg Larsson wrote a successful trilogy of books, but he did not write a will.  Although Swedish intestacy laws dictate that his million dollar estate pass to his family, his girlfriend of 32 years is fighting for a share of the estate.  

According to Henry Chu, The plot thickens in battle over author's estate, L.A. Times, Dec. 10, 2009, "Last month, Larsson's father and brother made a new offer to Gabrielsson [Larsson's girlfriend]: 20 million Swedish kronor, or nearly $3 million." 

See also my prior post.

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

The fate of the federal estate tax

It appears that Congress will not act to reinstate the federal estate tax before the end of 2009.  Accordingly, it may seem that from an estate tax perspective, 2010 would be a good year for the wealthy to die.  Remember, survival until 2011 would mean a tremendous tax increase which cannot even be placed in percentage terms because any tax is infinitely higher than none at all.

But, will the wealthy dead of 2010 actually get the benefit of the zero tax?

According to Carl Hulse, Estate Tax Is Expiring, but Death Won’t Last, NY Times, Dec. 17, 2009: 

Democrats are vowing to resurrect it as soon as Congress returns in 2010. Even its most ardent foes acknowledge that some accommodation will have to be reached because the tax is now scheduled to rise from the grave, zombielike, with even more reach in 2011. * * *

There is yet another wrinkle. When they scheduled the demise of the estate tax for 2009, the authors of the 2001 tax measure replaced it with a capital gains tax of 15 percent on inherited property that is later sold.

The threshold for being subject to those taxes is set lower, with the first $1.3 million in capital gains exempted for general heirs and $3 million for spouses. Democrats argue that thousands of estates that would not have been subject to taxes under the current law could get hit in 2010 even as those at the higher end of inheritance scale escape the 45 percent tax bite. * * *

Democrats hope to make the situation moot by restoring the current tax and making it retroactive to Jan. 1. Republicans would like to negotiate a new tax structure, perhaps taxing eligible estates at the 15 percent capital gains rate.

Special thanks to Matthew Bogin (D.C. & Maryland) for being the first of many readers to bring this article to my attention. 

Courtney Love will not be daughter's guardian

The following information is based on Courtney Love Loses Legal Control of Daughter, TMZ.com, Dec. 14, 2009:

• Courtney Love has lost legal control over her and Kurt Cobain's daughter, Frances Bean Cobain.
• The guardians for Frances will be Wendy O'Connor (Kurt Cobain's mother) and Kimberly Dawn Cobain (Kurt Cobain's sister).
• Courtney did not show up for the court hearing.
• The guardians will not have control over the trust established after Kurt's death.

Is Scientology exploiting Michael Jackson?

According to Roger Friedman, Michael Jackson Exploited by Scientology, Showbiz411, Dec. 11, 2009, "Jackson’s likeness and music are being exploited by Scientology."

Or, on the other hand, is the Scientology event just one of the many events "people and organizations * * * have organized [in] tribute[] to Michael Jackson"?  Comment by Angela.

Same-Sex Marriage in Nation's Capital One Step Closer

On Tuesday (December 15, 2009), the City Council of Washington, D.C. voted to authorize same-sex marriage.  The D.C. mayor, Adrain Fenty, claims that he will sign the bill.

However, Mayor Fenty's signature is insufficient for the bill to become law.  The United States Congress must first allow 30 working days to elapse without overturning the bill. Stand4Marriage members, led by pastor Bishop Harry Jackson, are meeting with members of Congress in hopes of getting them to oppose the bill.

If the bill takes effect, same-sex marriages are likely to be permissible around mid-March 2010.

See Jessica Gresko, DC City Council votes to legalize gay marriage, Yahoo! News, Dec. 15, 2009.

Should freezing be delayed for autopsy?

In what may be the first case of its kind, a decedent's wishes to be frozen are in conflict with the government's right to perform an autopsy to determine the cause of death.

Here are some details from Colleen Jenkins, Tampa man's wish to be frozen after death prompts fight over autopsy, St. Petersburg Times, Dec. 11, 2009:

When authorities found Michael Ned Miller dead in his apartment last week, the 48-year-old man wore a medical bracelet with explicit instructions: no autopsy, no embalming.

Deeming Miller's death suspicious, the Hillsborough County Medical Examiner's Office decided to perform an autopsy anyway.

But just as a doctor began to cut open Miller's chest, a cryonics company called and asked him to stop. The reason: Miller wanted his body preserved at ultra-cold temperatures in the same Arizona facility where baseball legend Ted Williams' remains are housed.

An autopsy would dash his hopes of one day being revived and restored to good health. The medical examiner's office wouldn't release Miller's body. So Thursday, the two sides went to court to sort out the legal, religious and emotional complications in a case that may be the first of its kind in Florida. * * *

An emergency hearing took place [December 10, 2009]. Wolff, an Alcor attorney based in Fort Lauderdale, said a full autopsy on Miller served no public interest. He noted that one of the people pushing for the autopsy was Miller's estranged wife who lives in Pennsylvania, someone he had not seen in eight years. * * * 

Hillsborough Circuit Judge Martha Cook ruled against the cryonics company, saying she would not interfere with Adams' [the medical examiner] legal duty. * * *

But after the hearing, he met with Alcor attorneys and agreed to try to minimize the dissection of Miller's body.

Special thanks to Ken Coughlin (www.elderlawanswers.com) for bringing this development to my attention.

 

Never too old to kill?

At 100 years old, Elizabeth Barrow (shown at left) thought she was living a good life and had more time to come.  Unfortunately, her 98 year old roommate, Laura Lundquist, had other ideas.

According to Jason Kessler, Woman, 98, indicted in death of 100-year-old nursing home roommate, CNN Justice, Dec. 11, 2009:

A Massachusetts grand jury has indicted a 98-year-old woman, accused of strangling her 100-year-old nursing home roommate, on a second-degree murder charge.

Prosecutors say Laura Lundquist killed centenarian Elizabeth Barrow, a resident of Brandon Woods Nursing Home in Dartmouth, after the two women had an argument over a table Lundquist had placed at the foot of Barrow's bed. * * *

Barrow complained that the table obstructed her path to the bathroom, authorities said. When a nurse's aide moved it, Lundquist punched the aide and grumbled that her roommate "might as well have the whole room," prosecutors said. * * *

A nursing home spokesman said the facility twice presented Barrow with the chance to change either rooms or roommates, but she declined each time. He compared the pair to "sisters," saying they took "daily walks together ... ate lunch together every day, and were heard at night saying, 'Good night, I love you,' to each other."

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

A Michael Jackson Theme Park?

Robert L. Moshman, Esq.,, (attorney & writer) has written a new article entitled The Estate Analyst: Celebrity Estate Theme Parks.

Here is the introduction to the the article:

How successful will Michael Jackson's estate be in maintaining future revenues? Will it develop a tourist destination such as Graceland? Could it even create an entertainment theme park?

How will H.R. 4154 fare in the Senate?

Earlier on this blog, I reported that on December 3, 2009, the House of Representatives voted today 225 to 200 to retain the 2009 estate tax exemption ($3.5 million) and rates (top rate of 45%) for deaths in 2010 and thereafter.

The question now becomes, "What will happen in the Senate?"

Here are some thoughts from Estate Tax Reform Bill Passes House, Moves to Senate, OMB Watch, Dec. 8, 2009:

Passage of the Pomeroy bill in the Senate is unlikely because several important senators have misgivings about certain provisions. Sens. Max Baucus (D-MT) and Kent Conrad (D-ND), chairs of the Senate Finance and Budget Committees, respectively, argue that Congress should index the tax for inflation, something the Pomeroy bill does not do. Moreover, the Pomeroy bill includes the Statutory Pay-As-You-Go Act of 2009 (H.R. 2920) that would give PAYGO budget rules the force of law in Congress. * * *

Estate tax legislation is therefore likely to go down one of two paths in the Senate. One alternative is for the Senate to bring up legislation similar to the Pomeroy bill, debate it, and pass it. The other option is for the Democratic leadership to tack a one-year estate tax extension onto a likely omnibus appropriations bill that insiders say Congress will pass before the end of 2009. Depending on how congressional events play out, either option is possible.

Some members of Congress have suggested that passing an estate tax bill in 2010 could be a possibility. However, passing legislation then means the government would retroactively apply the estate tax, an extremely rare occurrence * * *. There are also questions about the legality of such a measure, something Congress would like to avoid.

Special thanks to Karen Meckstroth (attorney and author of the Bay Area Wills, Trusts & Probate Report) for bringing this article to my attention.

More on Tiger Woods' new marital agreement

Yesterday, I reported that Tiger Woods is allegedly entering into a new marital agreement with better terms for his wife, Elin Nordegren, in his attempt to keep her married to him.

Here are some additional details from Peter Cohan, Tiger Woods said to pay his wife millions to stick by him, Daily Finance, Dec. 3, 2009:

Getting that grand sum of $80 million (the $5 million she's getting upfront, plus the $75 million in the new prenup), however, will require Nordegren to stay with Tiger for another seven years, show up with him at social events and in public as if they were still the perfect couple, and sign a nondisclosure form that will prevent her from ever telling her story.

From Tiger's perspective, this is probably a good deal. After all, $80 million is a mere 8% of his $1 billion in career earnings as calculated by Forbes.

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

Price for Cheating -- $5,000,000

According to Nick Allen, Tiger Woods 'offered wife Elin $5m after transgressions', Telegraph, Dec. 3, 2009, professional golfer Tiger Woods has offered his wife, Elin Nordegren, $5 million if she will remain married to him.

This may be a cheap offer seeing as reports indicate that she would receive $20 million if she stuck with Tiger until 2014 under an existing pre-nuptial agreement.  There are also reports that as part of $5 million payoff, a new marital agreement will give her $40 million as long as she stays married to him until 2011.

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

Cave Dwellers to Become Billionaires

Zsolt and Geza Peladi, two homeless brothers living in a cave outside of Budapest, have just learned that they will share, along with their sister who lives in the United States, their German grandmother's fortune worth over $7 billion.

See Henry Samuel, Penniless cavemen inherit $7.2bn, theage.com.au, Dec. 3, 2009:

''We knew our mother came from a wealthy family but she was a difficult person and severed ties with them, and then later abandoned us and we lost touch with her and our father until she eventually died,'' Geza Peladi, 43, told ATV television.

Under German law, direct descendants are automatically entitled to a share of any estate.

''If this all works out, it will certainly make up for the life we have had until now - all we really had was each other - no women would look at us living in a cave,'' he said.

''But with money, maybe we can find a partner and finally have a normal life. I understand it was only while they were carrying out genealogical research that lawyers found we existed.''

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

Estate Tax Repeal in Jeopardy After House Vote

Although 26 Democrats joined with Republicans, the House of Representatives voted today [12/3/09] 225 to 200 to retain the 2009 estate tax exemption ($3.5 million) and rates (top rate of 45%) for deaths in 2010 and thereafter.

The following excerpt is from Ben Pershing, House votes to make current estate tax permanent, Wash. Post, Dec. 3, 2009: 

The Senate faces a Dec. 31 deadline to address the issue, but it's not clear when that chamber will find the time to do so in the midst of its marathon health-care debate. It's also unclear whether the House's approach on the estate tax could garner the 60 votes necessary to move forward in the Senate.

Some Democrats in both chambers would prefer to see higher estate tax rates, arguing that the pre-2001 levels were fair and provided the government with much-needed funds. Making the current rates permanent will take a bite out of the federal treasury, with the government estimated to lose $234 billion in revenue over the next 10 years.

Most Republicans, meanwhile, don't want any estate tax at all, opposing the concept on philosophical grounds.

U.S. House may consider estate tax bill today (December 3, 2009)

The following excerpt is from House Set to Vote on Pomeroy Estate Tax Bill, OMB Watch, Dec. 2, 2009:

The House plans to take up estate tax reform as early as tomorrow [12/3/09] with a vote on Rep. Earl Pomeroy's (D-ND) Permanent Estate Tax Relief for Families, Farmers, and Small Businesses Act of 2009 (H.R. 4154). The Pomeroy bill would permanently extend current estate tax law at a $7 million exemption for couples at a 45 percent rate.

Special thanks to Karen Meckstroth (attorney and author of the Bay Area Wills, Trusts & Probate Report) for bringing this article to my attention.