Wills, Trusts & Estates Prof Blog

Mother of Heavy D Dispels Rumors Concerning his Estate

In November of 2011, Dwight Myers, better known as rapper Heavy D, passed away at the age of 44.

Reports have recently surfaced that Heavy D’s brother, Floyd Myers, has attempted to take control of Heavy D’s entire estate.  But according to Heavy D’s mother, Eulahlee Myers, the entire family wants Floyd to manage the estate for Heavy’s 13-year-old daughter Xea.  Eulahlee has assured the press that Xea will receive all of Heavy’s personal belongings as well as “all money collected from her father’s social security, pension, and future royalties.”

See Yohance Kyles, Heavy D’s Mom Addresses Reports of Fight Over His Estate, AllHipHop.com, May 22, 2013.

Nephew Granted $9,000 a Month to Care for Michael Jackson’s Children

As I have previously discussed, T.J. Jackson has been granted $9,000 a month to provide care for the late pop star’s three children, Prince, Paris, and Blanket.

In July 2012, the children’s grandmother “allegedly went missing and hadn’t been in contact with her grandchildren for days.”  After this incident, T.J., the son of Tito Jackson, was appointed co-guardian and now shares custody of the children with Katherine.  This change in guardianship came amidst a family dispute in which five of Michael’s siblings claimed the executors of Michael’s estate were misleading Katherine.

See T.J. Jackson Granted 9k a Month for Co-guardianship, Contact Music, Apr. 19, 2013.

Posthumous Paydays

For most, death signifies the end of making money. Nonetheless, many musicians have earned millions from the grave. Recently, Forbes came out with a list of musicians who have earned more than $5 million post-mortem. Michael Jackson came in first with $145 million dollars collected from a variety of sources. Other millionaires included Elvis Presley, Bob Marley, John Lennon, Richard Rogers, and George Harrison. On the cusp of making the list are other post mortem millionaires such as Jimi Hendrix and Tupac Shakur.

See The Top-Earning Dead Musicians 2012, Forbes.com, Apr. 3, 2013.

Justice For James Brown's Estate

As I have previously discussed, the legal battle over the estate of James Brown ended in settlement, with 50% of estate going to his charitable trust, 25% going to his widow Tomi Rae Hynie, and the other 25% to his heirs. On appeal, the Supreme Court of South Carolina in Wilson v. Dallas has overruled the settlement agreement, arguing that deal that was reached completely ignores the intent of the late-singer. Here, the court also ruled that it was clear that Brown was of sound mind when he drafted his will. As a result, the court remanded the case to the lower courts for reconsideration. However, the court did agree with the decision of the lower court to remove the original trustees of Brown's estate.

In particular, the justices of the court did not agree with the actions of Attorney General Henry McMaster. The justices argued that if the actions of the Attorney General were to stand, this could discourage people from donating money to charity through testamentary gifts mostly out of fear that their wishes could just be discarded. In this case, the Attorney General orchestrated a compromise among the parties that disregarded the wishes of James Brown. James had originally wanted the vast majority of his estate to go into a charitable trust for the education of needy children. The compromise, which I stated above, gave large portions of Brown's estate to people he never intended to give to, such as his self-proclaimed widow.

See Meg Kinnard, James Brown Estate: South Carolina Supreme Court Nixes Settlement, The Huffington Post, Feb. 27, 2013.

Special thanks to Brian Cohan (Attorney at Law, Law Offices of Brian J. Cohan, P.C.) for bringing this article to my attention

Ray Charles' Children Say Hit the Road Jack to his Foundation

As I have previously discussed, Ray Charles' children breached a condition that was placed upon them when they accepted a $500,000 irrevocable trust. As a result, the Ray Charles Foundation brought suit against seven of Charles' children. Recently, a U.S. District Court judge found that the Foundation lacked standing to bring their claims.The 1976 revision of the Copyright Act provided authors and their heirs the right to reclaim their works after a period of years, excluding works "for hire." However, the judge did not rule on if Charles' work was considered work made for hire. According to Variety,"[the judge] wrote that 'because the foundation is not a grantee of the rights to be terminated or its successor, Congress did not even require the statutory heirs provide it with statutory notice of the termination, let alone give it a seat at the table during the termination process."' 

The judge also struck down the Foundation's breach of contract and breach of covenant of good faith and fair dealing claims. However, the court stated that the children's filing of termination notices could not be brought as claims against their father's estate because they failed to file the termination notices before the probate of his estate closed in 2006. The court in this case also rejected the Foundation anti-SLAPP claim. At this time, his children have recovered several of their father's songs, including "Come Back Baby," This Little Girl of Mine," and "I've Got a Sweetie."

See Ted Johnson, Ray Charles' Children Win Copyright Dispute, Variety, Jan. 28, 2013.

More Problems Surrounding Michael Jackson's Estate

Janet Jackson put down a $40,000 deposit at Forest Lawn to secure a burial spot for Michael Jackson, but she would not let the funeral proceed until that money was repaid.  

On the night of Michael's death, Talon Executive services, a private-security company, was dispatched to his house.  They report that La Toya and her boyfriend showed up at the house shortly after he died demanding access into the house because they were family.  Shortly after their arrival, Katherine Jackson followed suit.  While within the home, Katherine Jackson called Grace Rwaramba, the former nanny to Michael's children, to ask her where Michael hid the cash at his house.  Talon reports that they saw La Toya and her boyfriend loading black plastic garbage bags into duffle bags and then putting them into the garage.  La Toya, however, insists that almost all of Michael's money was gone by the time she arrived at Michael's house. 

Also, as I previously blogged about, there were rumors that Katherine Jackson was kidnapped.  To read more about her side of the story, please click here. 

And for more about John Branca, an executor of the Michael Jackson estate, please click here. 

See Michael Jackson's Burial Was Delayed Because Janet Wanted Her Burial-Plot Deposit Back, Vanity Fair, Oct. 6, 2012. 

Special thanks to Brian Cohan (Attorney at Law, Law Offices of Brian J. Cohan, P.C.) for bringing this article to my attention.   

Darko Entertainment's Hendrix Biopic Out of Luck

John Ridley recently announced his plan to direct a Jimi Hendrix biopic for Darko Entertainment, but a spokesman for the Hendrix estate claims the estate has not authorized the biopic and that no Hendrix songs will be used in the movie. Andre 3000 of OutKast had been cast to star as Hendrix in the upcoming film. This is not the first time an attempt to make a Hendrix biopic has failed. Years ago, Lee Daniels attempted to make a biopic starring Lenny Kravitz, but the project fell through after the Hendrix estate refused to grant music rights.  

Instead, the estate hopes to make its own biopic similar to the movie “Ray.” Though the producers of the Darko Entertainment picture may get permission from various publishers to use songs Hendrix didn’t write, like “All Along the Watchtower” from Bob Dylan, these publishers may not give permission because the Hendrix estate has not sanctioned the movie.

See Roger Friedman, Jimi Hendrix Estate Won’t Allow His Music in Proposed Unauthorized Bipic, Forbes, May 10, 2012.

Special thanks to Jim Hillhouse (Professional Legal Marketing (PLM, Inc.)) for bringing this article to my attention.

Suit over "The Pink Panther Theme"

The late Henry Mancini wrote “The Pink Panther Theme” for the 1963 film and now his publishing company, run by his heirs, is filing a claim against EMI, the publishing company that currently owns the theme.

United Artists released The Pink Panther in 1963, and the score was nominated for an Oscar the next year. EMI Publishing acquired the music from United Artists years ago. Now Mancini’s publishing company filed a claim at the American Arbitration Association for over $1.35 million in “net profits” on music for The Pink Panther movie. Mancini’s heirs are also seeking punitive damages to terminate EMI’s administration rights.

See Eriq Gardner, Henry Mancini Heirs Seek Over $1 Million in Unpaid Profits, Termination of EMI’s Rights to ‘Pink Panther Theme’, Billboard.biz, May 11, 2012.

Special thanks to Jim Hillhouse (Professional Legal Marketing (PLM, Inc.)) for bringing this article to my attention.

Pepsi and Michael Jackson's Estate Strike a Deal

Over a quarter century ago, Michael Jackson agreed to become the voice of the Pepsi brand. Now, three years after the singer’s death, PepsiCo Inc. is acting on an agreement with Jackson’s estate to produce Pepsi cans with Jackson’s silhouette printed on the side as part of its new global marketing campaign—“Live For Now.”

While both parties are remaining silent about the financial terms of the deal, PepsiCo has increased its overall marketing budget by as much as $600 million this year (a 20% increase). Using Jackson’s silhouette on the soda cans will be the first branding deal since Jackson died, but a spokeswoman for the singer’s estate said that more marketing agreements are planned. Expect to see the new canS on store shelves later this month.

See Mike Esterl and Suzanne Vranica, Pepsi Brings Back the King of Pop, The Wall Street Journal, May 4, 2012.

Special thanks to Jim Hillhouse (Professional Legal Marketing (PLM, Inc.)) for bringing this article to my attention.

Courtney Love Has Lost Rights To Cobain's Image

Courtney Love has lost the right to control and manage Kurt Cobain's publicity rights. Ms. Love surrendered those rights when she agreed to step down as acting managing of the business that manages Kurt Cobain's publicity rights. Ms. Love agreed to step down as acting manger because she owed the company that manages her late-husband's affairs, End of Music LLC, $ 2.75 million in loans.

Furthermore, Ms. Love's personal problems have also played a major role in her losing control over her late-husband's estate. In 2009, Ms. Love lost custody of her daughter, Frances Bean Cobain, and representatives from her daughter's trust removed her as the trustee in 2010. Her daughter has now taken control of her father's publicity rights. Furthermore, Larry Mestel of Primary Wave Music now has effectively 100% administrative control over Cobain's music. This gives Mr. Mestel the authority to decide how to use Cobain's music. There are some reports that Mr. Mestel also has a 50% stake in the singer's publishing rights. 

Now, Ms. Love has new legal problems to face. Recently, her lawyers have withdrawn from representing her because she owes them attorney's fees. In addition, several companies have brought lawsuits against her alleging that she owes them money for various services that those companies provided her.

See Carmela Kelly, Courtney Love Loses Rights to Kurt's Image, TheFix.com, May 2, 2012.

Special thanks to Jim Hillhouse (Professional Legal Marketing (PLM, Inc.)) for bringing this article to my attention.

Ray Charles' Foundation Sues Seven of Charles' Children

The Ray Charles Foundation, a foundation created by Ray Charles himself, has sued seven of the deceased singer’s twelve children for allegedly violating a deal with Charles to not claim any rights to his estate. The suit, filed in U.S. District Court in Los Angeles, involves fifty-one songs written and co-written by Charles, including “I Got a Woman,” “A Fool For You,” “Mary Ann,” and “What’d I Say.”

According to court documents, Charles created a $500,000 trust for each of his twelve children, and in exchange for the trusts, in his children “relinquished and waived any further claims to their father’s estate.” The Foundation has accused the children of sending music publishers copyright termination notices, claiming the children own the songs that the foundation claims it owns. The suit alleges that the “improper” claims made by the children have “created an enormous cloud” over the ownership of the songs that have caused an “extreme likelihood that the value of these copyright assets will be permanently damaged.”  

The foundation has asked for $500,000 in damages from each of the seven children named in the suit and an order preventing the children from claiming any rights to the music in the future. The children have hired Marc Toberoff, the attorney representing the estate of Superman co-creator Jerry Siegel in its copyright suit with Warner Bros., to represent them.

See Alan Duke, Ray Charles’ Foundation Sues His Children, CNN, Apr. 1, 2012.

Special thanks to Josh Hurtuk (J.D. Candidate, The Ohio State University Moritz College of Law) for bringing this article to my attention. 

Winehouse Did Not Have a Will After All

Following singer Amy Winehouses’ death, many reports surfaced that the twenty-seven year old had a will and had updated the will following her divorce from ex-husband Blake Fielder. According to recently filed probate records, however, these early reports were false. The probate records reveal that Winehouse died intestate with an estate valued at $6.7 million (reduced to $4.66 after taxes and other debts).  The true value of Winehouse's estate may be more as probate records do not show assets held jointly with others or assets with a beneficiary designation.

As an ex-spouse, Fielder will receive nothing. Winehouse’s older brother, Alex, will also receive nothing as a result of Winehouse dying intestate. Instead, Winehouse’s parents, Mitch and Janis, will receive all of Winehouse’s assets. Mitch is also the estate administrator.

See Danielle and Andy Mayoras, Amy Winehouse Didn’t Have a Will After All, But Did Have Millions, Forbes, Mar. 28, 2012; Amy Winehouse Estate, Singer's $4.66 Million Fortune To Go To Family, The Huffington Post, Mar. 28, 2012.

Special thanks to Jim Hillhouse (Professional Legal Marketing (PLM, Inc.)) and David S. Luber (Attorney at law, Florida Probate Attorney Wills and Estates Law Firm) for bringing this article to my attention. 

Michael Jackson's Home Back on the Market

The home in which Michael Jackson died is on the market again, with an asking price of $23.9 million. Allegedly, a “major celebrity” looked at the house Thursday, just three days after it was put back on the market. Realtor Maruicio Umansky will only show the 17,000 square foot home to serious, pre-qualified buyers. The house includes 13 bathrooms, a pool, a guest house, and an elevator.   

See Michael Jackson Estate Back Up for Sale--$23.9 Million, TMZ, Mar. 21, 2012.

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

Whitney Houston's Cause of Death: Drowning

According to the Los Angeles County Coroner, Whitney Houston's cause of death was accidental drowning in her hotel bathtub. Cocaine and heart disease also contributed to her death. The autopsy revealed both prescription and illegal drugs in Houston's system, including cocaine, marijuana, Xanax (an anxiety drug), Flexeril (a muscle relaxant), and Benadryl.

See Ian Lovett, Whitney Houston Drowned, Coroner Says, Mar. 22, 2012.

Rumors (And a Few Answers) Surrounding Whitney Houston's Estate

Numerous rumors have circulated regarding Whitney Houston’s estate ever since her death on February 11, 2012. Many of the rumors involve exactly how much Whitney was worth at the time of her death—some believe the singer was worth between $10 million to $20 million, while others believe she was broke. In 2001, Whitney signed a deal for six albums and $100 million in guaranteed royalties with Arista, but she died owing the company three records. Since her death, Whitney’s estate has reportedly made $700,000 in royalty payments, and a movie she did will be released in August of this year.

Whitney executed a will on February 3, 1993 that names her daughter, Bobbi Kristina, as the primary beneficiary. The assets are to be placed in trust with one-tenth of the principal paid to Bobbi when she turns 21, one-sixth at age 25, and the remaining balance at age 30. A codicil dated April 14, 2000 appointed Cissy Houston, Whitney’s mother, as executor and Michael and Donna Houston, Whitney’s brother and sister-in-law, as trustees.  

See Michael K. Kirsh, Greatest Love of All, Trusts & Estates, Mar. 21, 2012.

Special thanks to Jim Hillhouse (Professional Legal Marketing (PLM, Inc.)) for bringing this article to my attention.

Order Admitting Whitney Houston's Will and Codicil to Probate

Whitney Houston’s attorneys have confirmed that Marion P. Houston was appointed as Administrator of the Estate of Whitney E. Houston in Fulton County Probate Court in Georgia. Houston’s daughter, Bobbi Christina Brown, is the sole beneficiary.

To view the order admitting the will and codicil to probate and appointing Marion P. Houston as Administrator, click here.  

See John Friedman, Exclusive on Whitney Houston Will: Read Filed 2004 Codicil Here, Forbes, mar. 7, 2012.

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

Article on Problems Surrounding Bob Marley's Estate

McKen Carrington (Professor of Law, Thurgood Marshall School of Law, Texas Southern University) and Christopher Ogolla (Instructor, Academic Support, Thurgood Marshall School of Law, Texas Southern University) recently published their article entitled, Fame, Family Fueds, Lack of Estate Planning, and Ethical Misconduct in the Administration of the Billion-Dollar Legacy of Bob Marley, 4 Est. Plan. & Community Prop. L.J. 53 (Fall 2011). The introduction to the article is below:

Family feuds about inheritance can be acrimonious and protracted. They are particularly complex and expensive when a large sum of money is involved. But while posthumous family feuds are common, fights over inheritance and "family dramas have haunted famous [people] well into [their] afterlife." This is no more so when the famous person dies intestate, for example, former Tennessee Titans quarterback Steve McNair, guitarist Jimi Hendrix, and musician Bob Marley, to mention but a few. What is more, these family feuds often involve personalities and property in multinational jurisdictions leading not only to pain and agony but also to protracted transnational family and probate litigation that spans across issues of blended families, inheritance laws, and rules of professional responsibility for the attorneys involved. Almost unequivocally, the overwhelming root cause of all these feuds is lack of estate planning.

This papers uses the story of the estate of musician Bob Marley to illuminate the problems of family feuds, lack of estate planning, and the ethical misconduct of lawyers involved in estate planning. It discusses Marley's family structure, arguing that his blended family relationships were a recipe for legal confusion after he passed away. This paper notes that his wife, Rita, who was the custodial mother of the many Marley children, later ended up misappropriating funds from the estate and breaching her fiduciary duty. The paper concludes, noting that although his lack of estate planning may have cost his heirs significant litigation costs, Marley's legacy endures because his message was equal parts cultural, spiritual, commercial, and political. 

Dolly Parton Will Profit Off of Whitney's Passing

Michael Jackson’s death spurred renewed interest in his catalogue and made money for his estate. Insiders point out that Whitney Houston’s estate will not experience the same phenomenon. She was living off of advances from her label company before her death, so her estate likely owes the record company a hefty sum and any future sales that would be attributed to Whitney will go to pay back that loan before it would go to her estate.  Additionally, Whitney did not write any of her biggest hits, so she will not get the writer’s and publisher’s rates when the songs get more airtime on the radio and on television. Most of singer’s profits come from ticket sales. It is not uncommon for artists to owe the record label money even after selling millions of records.

Dolly Parton wrote Whitney’s biggest hit, “I Will Always Love You,” so she will be receiving the benefits of a renewed interest in that song.

See Whitney Houston’s Death To Earn Dolly Parton A Fortune, Huffington Post, Feb. 16, 2012.

Special thanks to Jim Hillhouse (Professional Legal Marketing (PLM, Inc.)) for bringing this article to my attention. 

Bono's Facebook Stock Price to Increase to $1 Billion

Bono owns a 1.5% share of Facebook stock which he purchased for $90 million. When the social networking site hits the stock exchange, Bono's shares are expected to be worth $1 billion, making Bono the wealthiest rock star in the world.

To watch a video on the story, see Facebook to Make Bono Richest Rock Star on the Planet, ITN. 

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

Whitney Houston's Financial and Family Woes

Gossip stories quickly spread last week, claiming Whitney Houston was broke and relying on the generosity of friends to get by. If these stories are true, they indicate a drastic financial fall for Houston who signed a $100 million record deal in 2001. Houston’s reps were quick to deny the financial claims.

However, if Houston is in financial trouble, she may foreclose on her stepmother’s home. Houston’s stepmother, Barbara Houston, sued Houston in 2008 following the death of Houston’s father, John. The suit involved a $1 million life insurance policy under which Houston was named beneficiary.  

Prior to his death, Houston loaned her father a large some of money, part of which he used to buy his house. After his death, Barbara inherited the house, but as a result of the loan, Houston owned the mortgage.  Barbara claimed that the insurance proceeds were meant to repay Houston for the mortgage, but Houston refused to credit the proceeds against the mortgage.

After Barbara sued, Houston counter-sued, making allegations against Barbara’s character and motives for marrying John. Houston asked that the court to force Barbara to repay the mortgage with interest, a total of about $1.6 million. The judge found for Whitney and dismissed the suit without holding a trial, clearing the way for Houston to foreclose on the house.  

See Danielle and Andy Mayoras, Broke or Not, Whitney Houston Now Understands Value of Estate Planning, Financial Planning Magazine, Jan. 31, 2012.

Special thanks to Jim Hillhouse (Professional Legal Marketing (PLM, Inc.)) for bringing this article to my attention.