Wills, Trusts & Estates Prof Blog

Will Calls for Womanless Library

When Iowa attorney T.M. Zinkdied, his will directed that $35,000 be placed in a trust fund.  After 75 years, Zink directed that the money be used to build the Zink Womanless Library, which would contain no books written by women and each entrance would state "no women allowed."  Zink's daughter successfully challenged the will and the library was never built.  Zink left his daughter $5 in the will.

See TruTV, Weirdest Wills.

'Present but not Voting'

Jeremy Bentham, an English philosopher and legal social reformer, died in 1832.  His will directed that his body be embalmed, clothed, and placed in his chair as if he was thinking. 

The preserved remains can still be viewed in a wooden cabinet display located at the University College London, although his head, which was injured during preservation, is stored separately.  Bentham's remains were present at College Council meetings commemorating the school's 100th and 150th anniversary, where Bentham was recorded as "present but not voting."

See TrueTV, Weirdest Wills.

Burial Lots: Buy One, Get One Free!

For those who have not picked out their final resting place, Memorial Park Cemetery in Indianapolis has a deal for you - buy one lot, get one free, with no credit check required. 

The cemetery said that business is fine, that this promotional is offered yearly, and that the current offer is a closeout on a particular section of the cemetery.  

See AP, Dirt Cheap: Cemetery sells 2 graves for the price of 1, Kansas City Star, June 18, 2009.   

Man Arrested for Posing as His Dead Mother

A 49-year old New York man was arrested for using a walking stick, lots of make-up, and a fake ID to impersonate his dead mother.  When his mother died in 2003, he gave the funeral director a false social security number so that he could collect $700 a month in social security benefits and $39,000 in rent subsidies in her name.  He is now facing theft, forgery, and conspiracy charges.   

A BBC article quotes the man as saying, "I held my mother when she was dying and breathed in her last breath, so I am my mother," upon arrest.

BBC, US man 'posed as his dead mother', June 17, 2009.

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

Anna Nicole Smith: The Opera

Richard Thomas, the co-creator of Jerry Springer: The Opera, is composing a new musical entitled Anna Nicole Smith: The Opera, set to open in the Royal Opera House in 2010.  Thomas admits he is fascinated by trashy sounding stories.  Classical opera fans feel that an opera about the tragic life of Smith is "dumbing down" opera. 

See Laura Clout, Anna Nicole Smith: The Opera at ROH, Telegraph, April 4, 2008.

"Old Geezer" Is Not Politically Correct

The International Longevity Center in New York and the Aging Services of California have put together a stylebook for media professionals called Media Takes: On Aging.  The guide informs the reader of correct and incorrect ways to refer to our older population. 

According to the book, words such as elderly and senior citizen are taboo, while nursing home has been replaced with skilled nursing facility, and its patient is now a resident.   

For more information on the book and other politically incorrect terms (some obvious, others not so obvious), see Jane Gross, Goodbye, Spry Codgers. So Long, Feisty Crones., NY Times, Feb. 11, 2009.

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

Buy Your Coffin at Costco - Or, Just Build it Yourself

Changing ideas about traditional funeral and burial practices are bringing change to the industry. 

Death planning now includes options like a personalized funeral service where the Good Humor Man passes out ice cream, buying your coffin at Costco, and purchasing jewelery keepsakes that hold a loved one's ashes. 

Says one may who sells coffin kits to build on your own, "You can stand the box up in the garage, or put it under the pool table for when the time comes."  Gabrielle Glaser, The Funeral: Your Last Chance to Be a Big Spender, NY Times, April 18, 2009.

Day 92 -- Write Your Own Will

One of my students, Charlie Malolo (J.D. Candidate, Texas Tech University School of Law) recently sent me a form will which provides a simple, albeit unusual, dispositive scheme for your property.  [If you click on the thumbnail to the left, you can see the will large enough to read.]

For example, it provides for the disposition of assets as follows:

• Car to husband.
• Food in my fridge to favorite child.
• Food in freezer to ugly child.
• Socks to child born out of wedlock.
• Favorite sweater to mistress.
• Secret life saving to lover.
• Huge debts to orphans.
• Bed bugs to Bill Gates.

Despite its design to be humorous, it has the necessary elements to be a valid will assuming it was executed by a person with testamentary capacity and testamentary intent and attested by two witnesses.

Off Topic -- Judge shows fondness for Fab 4

Judge Gregory Todd of the 13th Judical District Court of Montana demonstrated his love of the Beatles in an opinion involving a burglary.  Here is the opinion in State v. McCormack, No. DC 06-0323 (Feb. 26, 2007):

Mr. McCormack, you pled guilty to the charge of Burglary. To aid me in sentencing, I reviewed the pre-sentence investigation report. I read with interest the section containing Defendant’s statement. To the question of "Give your recommendation as to what you think the Court should do in this case," you said, "Like the Beetles say, 'Let it be.'"

While I will not explore the epistemological or entomological overtones of your response, or even the syntactic or symbolic keys of your allusion, I will say Hey Jude, Do You Want To Know A Secret? The greatest band in rock history spelled their name B-E-A-T-L-E-S.

I interpret the meaning of your response to suggest that there should be no consequences for your actions and I should just Let it Be so that you can live in Strawberry Fields Forever. Such reasoning is Here, There and Everywhere. It does not require a Magical Mystery Tour of interpretation to know The Word means leave it alone. I trust we can all Come Together.

If I were to overlook your actions and Let It Be, I would have to ignore that Day in the Life on April 21, 2006. Evidently, you said to yourself I Feel Fine while drinking beer. Later, whether you wanted Money or were just trying to Act Naturally, you became the Fool on the Hill. As Mr. Moonlight at 1:30 A.M., you did not think for yourself, but just focused on I, Me, Mine. Because you didn't ask for Help, wait for something else, or listen to your conscience saying, "Honey, Don't," the victim later that day was Fixing a Hole in the glass door you broke. After you stole the eighteen-pack of Old Milwaukee, you decided it was time to Run for Your Life and Carry That Weight. But when the witness said, "Baby, It's You," the police responded, "I'll Get You," and you had to admit, "You Really Got a Hold on Me." You were not able to Get Back Home because of the Chains they put on you. Although you hoped the police would say, "I Don't Want to Spoil the Party" and "We Can Work It Out," you were in Misery when they said you were a Bad Boy. When the police took you to jail, you experienced Something New as they said, "Hello, Goodbye," and you became a Nowhere Man.

Later, when you thought about what you did, you may have said, "I'll Cry Instead." Now you're saying, "Let It Be," instead of, "I'm A Loser." As a result of your Hard Day's Night, you were looking at a Ticket To Ride that Long and Winding Road. Hopefully, you can say When I'm Sixty-Four, "I Should Have Known Better."

Special thanks to Brian Shannon (Charles B. Thornton Professor of Law, Texas Tech University School of Law) for bringing this opinion to my attention.

Famous Last Words

So, by what last words do you want to be remembered?  Is it something like, "The brakes aren't working! * * *" or "I have been... and always shall be... your friend.  Live long... and prosper."

In Famous Last Words -- Clever Ways to Say Goodbye Forever, Asylum.com, Dec. 3, 2008, the alleged last words of twenty famous individuals are presented.  Here are a few of my favorites:

• "Everybody has got to die, but I have always believed an exception would be made in my case. Now what?" -- Writer William Saroyan
• "Now, now, my good man, this is no time for making enemies."-- Philosopher Voltaire when asked by a priest to renounce Satan.
• "How were the receipts today at Madison Square Garden?" -- Entrepreneur P. T. Barnum
• "Go on, get out -- last words are for fools who haven't said enough." -- Revolutionary Karl Marx"
• "I've had 18 straight whiskeys; I think that's the record." -- Poet Dylan Thomas

Special thanks to Sara Hudman (J.D. 2008, Texas Tech University School of Law) for bringing this article to my attention

Off topic -- The Famous "Wayne's World" Case

In 1992, United States District Judge James C. Paine authored the famous "Wayne's World" case, Noble v. Bradford Marine, Inc., 789 F. Supp. 395 (S.D. Fla. 1992).

The case is filled with references to phrases popularized by the movie such as "hurling chunks, " "Like a Winged Monkey Flying Out of the Ashes," and "not worthy."

Here are some examples:

The blaze hurled chunks of flaming debris to other vessels, destroying those owned by LYN C. NOBLE NOBLE") and  ROBERT C. MUIR ("MUIR").  * * *

A Schwing and a Miss -- Because of the court's admiralty jurisdiction, MUIR's original Complaint, like his Amended Complaint, provided BRADFORD with a basis for removal. * * *

As a result, PRIME TIME's removal, almost ten months after MUIR commenced suit, is untimely and is a defect deemed "way" improvident. For similar reasons, the court finds that removal of the NOBLE case, which had been remanded, was also untimely. In short, PRIME TIME's most bogus attempt at removal is "not worthy" and the Defendants must "party on" in state court . . .

Belated Thanksgiving Humor

Yes, I know that I'm almost two months late with this, but I just saw it and thought you might enjoy it nonetheless.

   

 

   

   

   

   

   

   

 
As printed in Business Law Today, Nov./Dec. 2008, at 18.

Off Topic -- A most unusual motion

This posting is completely off-topic but I thought it was most interesting and thus I wanted to share it with you.

You can follow this link to the case of Washington v. AA. Aliamo, 934 F. Supp. 1395 (S.D. Ga. 1996), in which the judge imposed various sanctions on a plaintiff who filed a motion entitled "Motion to Kiss My Ass."

As you may have surmised, the plaintiff was proceeding pro se.

The "Right" Kind of Obituary

The following is from the obituary of James William "Jim" Adams, Trib.com (Wyoming), Sept. 15, 2008:

A celebration of life for James William "Jim" Adams, 53, will be held at a later date.

He died Tuesday, Sept. 9, 2008 at Memorial Hospital of Converse County in Douglas.

Jim, who had tired of reading obituaries noting other's courageous battles with this or that disease, wanted it known that he lost his battle. It was primarily as a result of being stubborn and not following doctor's orders or maybe for just living life a little too hard for better than five decades.

He was born June 8, 1955 in Garrison, N.D. the son of James William and Ruby Helen (Clark) Adams.

He was sadly deprived of his final wish, which was to be run over by a beer truck on the way to the liquor store to buy booze for a date. True to his personal style, he spent his final hours joking with medical personnel, cussing and begging for narcotics and bargaining with God to look over his loving dog, Biscuit, and his family.

He would like to thank all "his ladies" for putting up with him the last 30 years.

During his life, he excelled at anything he put his mind to. He loved to hear and tell jokes and spin tales of grand adventures he may or may not have had. * * *

In lieu of flowers, he asks that you make a sizeable purchase at your favorite watering hole, get rip roaring drunk and tell the stories he no longer can.

"Last Will and Testament" -- The Comic Book

On August 27, 2008, DC Comics released Last Will and Testament by Brad Meltzer.

I was excited at the possibility of estate planning instruction being presented in graphic novel format.  I thought that this would be a great method of exposing our young people as well as older folks who enjoy comics to the benefits of estate planning in a "fun" manner.

Unfortunately, the comic is not about estate planning.  Here is the publisher's description:

The final battle is quickly approaching. How do the heroes of the DCU prepare for the end? Whom do they approach and say goodbye to before they make the ultimate sacrifice? Featuring the entire DC Universe, Meltzer takes us deep into the hearts and psyches of our heroes. It's the day before you die. What would you do?

The use of the phrase last will and testament is somewhat confusing.  Here is the explanation from Jay, Comic Book Review - Last Will and Testament, Sept. 18, 2008:

The term “Last Will and Testament” is a actually an ornamental term, one that employs four words to describes what one of them in fact can and is - a Will.

Special thanks to Neil Hendershot, editor of the PA Elder, Estate & Fiduciary Law Blog, for bringing this comic to my attention.

Do credit card companies really charge dead cardholders service fees?

Over the weekend, I received the following e-mail message:

A lady died this past January, and Citibank billed her for February and March for their annual service charges on her credit card, and added late fees and interest on the monthly charge.

The balance had been $0.00 when she died, but now somewhere around $60.00.

A family member placed a call to Citibank.

Here is the exchange:

Family Member:   'I am calling to tell you she died back in January.'

Citibank:  'The account was never closed and the late fees and charges still apply.'

Family Member: 'Maybe, you should turn it over to collections.'

Citibank: 'Since it is two months past due, it already has been.'

Family Member: So, what will they do when they find out she is dead?'

Citibank: 'Either report her account to frauds division or report her to the credit bureau, maybe both!'

Family Member : 'Do you think God will be mad at her?' 

Citibank: 'Excuse me?'

Family Member: 'Did you just get what I was telling you - the part about her being dead?'

Citibank: 'Sir, you'll have to speak to my supervisor.'

Supervisor gets on the phone:

Family Member: 'I'm calling to tell you, she died back in January with a $0 balance.'

Citibank: 'The account was never closed and late fees and charges still apply.' 

Family Member: 'You mean you want to collect from her estate?'

Citibank: (Stammer) 'Are you her lawyer?'

Family Member: 'No, I'm her great nephew.' (Lawyer info was given) 

Citibank:  'Could you fax us a certificate of death?'

Family Member: 'Sure.' (Fax number was given )

After they get the fax:

Citibank: 'Our system just isn't setup for death. I don't know what more I can do to help.'

Family Member: 'Well, if you figure it out, great! If not, you could just keep billing her. She won't care.'

Citibank:  'Well, the late fees and charges do still apply.'

Family Member: 'Would you like her new billing address?'

Citibank: 'That might help...'

Family Member: ' Odessa Memorial Cemetery , Highway 129, Plot Number 69.'

Citibank: 'Sir, that's a cemetery!'

Family Member : 'And what do you do with dead people on your planet???

So, is this true or just an urban legend?  Here is what snopes.com has to say in Dead Reckoning:

We don't know if this is a legitimate and accurate transcript of someone's conversation with Citibank (it seems a bit absurd that a major financial institution and credit card issuer would claim they were not "set up" to accommodate the inevitable circumstance that their customers will eventually die), but the premise of this tale is not so ridiculous as it's made to seem here. * * *

It's unlikely a credit card company would go to much effort (beyond a phone call or two) to try to recoup $60 in unpaid charges from the estate of a deceased customer, but they might very well have a legal right to do so.

Intestacy Songs

Earlier on this blog, I reported on how Julia Belian (Associate Professor of Law, University of Detroit Mercy School of Law) supplied me with song lyrics which she finds useful in teaching intestacy concepts.

Prof. Belian has recently posted these songs on YouTube.  A Grammy nomination should be forthcoming ----

Special thanks to Alyssa D. DiRusso (Assistant Professor, Cumberland School of Law) for bringing this posting to my attention.

Is Maringo suffering from an insane delusion?

The following excerpt is from Maringo v. McGuirk, 2008 WL 631304 (5th Cir. 2008).  The case is actually about whether an attorney was guilty of harassment but the facts certainly make one wonder whether Maringo was suffering from an insane delusion which would render him unable to execute a valid will.

Maringo alleged that Erica McGuirk, an attorney for United States Immigration and Customs Enforcement (ICE), and her ghost, “the reincarnated Jezebel Princess of Evil,” have caused him mental distress by appearing before him, particularly while he is sleeping at night or showering. According to Maringo's complaint, McGuirk and her ghost sexually harassed him by exposing themselves and “forcing [him] to watch or participate”; forced him to read ghost and horror literature with them; insisted that he listen to a ghost-themed radio show; and appeared with “Santa Claus hats, wings and [a] horn with shaggy, black feathers.” He alleged that after complaining about this matter, ICE officials retaliated against him by placing him in a single-person cell, where they could more easily kill him by poisoning his food. 

Song Parodies -- Tax Style

Watch out Weird Al, there is a new parodist on the block -- Steven Zelin, "The Singing CPA."  Steve is an independent singer and songwriter from New York City whose "day job" is a CPA.

His newest self-titled CD, The Singing CPA, contains thirteen songs, many of which have appeal to the estate planning community as well as to CPAs (e.g., My CPA [YMCA], A Charitable Contribution (Makes the Tax Bill Go Down) [A Spoonful of Sugar (Makes the Medicine Go Down)], Dear. I.R.S. [original composition], and Tax Deductible [Unforgettable]).  You may listen to snippets of his songs, purchase the songs as MP3 downloads, and read the lyrics.

Here is some additional background on this innovative performer:

For the past 4 years, Steven Zelin has entertained New Yorkers at midnight mailing their tax returns at the last minute at the James A. Farley Post Office. * * * Steven has appeared on the Joey Reynolds Show (WOR) on tax day and made the New York Daily News on April 17th performing his song Dear I.R.S. at the main Manhattan post office. He was a featured CPA in the Spotlight section for The Trusted Professional, the NYSSCPA publication. Steven was a hit as the featured entertainer at the annual New York CPA Conference. He was profiled in the February 2007 issue of CFO magazine and has received tons of exposure on Youtube for his "tax rap" and 5th birthday video tribute to Sarbanes Oxley. Steven is available to perform at corporate parties and events!

Prop for Teaching Undue Influence

The Papyrus company sells a nifty birthday card, The Google-Eyed Hypnotist, which can be used in the process of teaching undue influence.

The card shows a man dressed in 1950-esq clothing with a machine that spins a supposedly trance-inducing wheel.  When you tilt the card, the wheel appears to spin revealing the subliminal message "Put Me in Your Will."