Wills, Trusts & Estates Prof Blog

Article: The Heirs’ Property: Racial Caste Origins & Systemic Effects in the Black Community

Phyllis C. Taite (Oklahoma City University School of Law) recently penned a review of Brenda D. Gibson's (Wake Forest Law) Article in the CUNY Law Review, The Heirs’ Property: Racial Caste Origins & Systemic Effects in the Black Community, forthcoming 2023, on the Trusts & Estates Blotwell Blog. Provided below is an introduction:

Professor Gibson provides a unique look at Black land loss through heirs’ property in the Low Country, an area located on the southern tip of South Carolina which includes the Sea Islands. Her paper concludes that “heirs’ property is more a product of the deeply entrenched racial caste system of racist governmental processes and laws that have militated against Black land ownership and wealth.” As such, she indicates that landownership has been a source of wealth mobility for some, but that intestacy succession to property has caused wealth to decline in the Low Country, disproportionately for Black landowners.

After a brief historical review of the obstacles and hardships of Black landownership since the Reconstruction era, Professor Gibson analyzes how systemic racism has impacted Black land loss in the South, specifically in the Low Country. She begins by explaining how farming was the primary source of income for many Black landowners in Low Country. By the end of the 20th century, however, Black farmers had lost over ninety percent of their land. She attributed these substantial losses to government action, commercial developers, and the complicated nature of heirs’ property.

Happy Halloween!

Many law school classes have one or more holidays which are especially relevant.  For example, Family Law has Valentine's Day, Mother's Day, and Father's Day, Labor Law has Labor Day, Environmental Law has Earth Day, Military Law has Memorial Day, and Law and Religion has Christmas, Hanukkah, Ramadan, etc.

Halloween, with its fascination with death, may be the most relevant holiday to those of us interested in wills, trusts, estates, probate, and estate planning.

So, however you celebrate, have fun and be safe!

Pittsburgh woman's dying wish to donate house left unfulfilled

Neighbors along Melvin Street in the Squirrel Hill neighborhood of Pittsburgh are seeking answers and assistance concerning the deteriorating condition of their neighbor Francine George's abandoned home, which has become a safety concern. 

George, a beloved resident known for her kindness, had expressed her dying wish for her home to be donated to the Make-A-Wish Foundation to benefit children. However, since her passing, the property has fallen into disrepair, with the front porch displaying shutoff notices and the yard overgrown. Concern heightened when a burst pipe caused flooding inside the house, prompting multiple neighbors to contact the water company. The situation has sparked inquiries about the fate of properties when their owners pass away without anyone stepping in.

George had a will and named her son as executor, however, he died and it is not believed that George updated her will after his passing. Under Pennsylvania law, with no specific arrangements made as a backup, distant relatives become the heirs. In George's obituary the only named living relative was her brother, but attempts to contact him were unsuccessful.

After discussions with George's initial attorney who drafted the will, he volunteered to become the executor of George's will, which would enable Make-A-Wish to fulfill the wish. Make-A-Wish expressed willingness to proceed. This story serves as a reminder of the importance of having a backup plan covered in a will and an executor from a younger generation.

For more information see Meghan Schiller “Pittsburgh woman’s dying wish to donate house left unfulfilled”, CBS News Pittsburgh, October 16, 2023.

Special thanks to Laura Galvan (Attorney, San Antonio, Texas) for bringing this article to my attention.  

Matthew Perry, Emmy-nominated ‘Friends’ star, dead at 54

Matthew Perry, renowned for his role as Chandler Bing on the hit show "Friends," passed away this weekend at 54. The actor was discovered unconscious at his Los Angeles residence, with the exact cause of death yet to be determined. LAPD confirmed they were conducting a death investigation for a male in his 50s at the location.

Perry gained widespread recognition through his decade-long portrayal of Chandler Bing in the iconic television series "Friends.". His character, Chandler, was known for his sharp wit, insecurities, and neurotic tendencies. After "Friends," Perry starred in television shows like "Studio 60 on the Sunset Strip" and "The Odd Couple." Perry was candid about his well-documented battle with addiction, which he addressed in his bestselling memoir released in 2022. He hoped that sharing his story might help fellow addicts.

Perry is survived by his father, actor John Bennett Perry, his mother, journalist Suzanne Morrison, and stepfather "Dateline" correspondent Keith Morrison, along with five siblings.

For more information see AP News “Matthew Perry, Emmy-nominated ‘Friends’ star, dead at 54” October 29, 2023.

8 Signs You’ve Jumped From Middle Class to Wealthy

The middle class in the United States has been diminishing since 1971, yet around half of the population still fell into this category as of 2021, as reported by the Pew Research Center.

Distinguishing the middle class from the wealthy involves various factors, with income and net worth being primary indicators. However, other determining factors include possessing multiple income streams, investing in long-term assets, having a net worth exceeding $2 million, establishing a lucrative enterprise, having a support team, experiencing a shift in mindset, valuing money and time differently, and having the ability to take extended time off.

For more information see Angela Mae “8 Signs You’ve Jumped From Middle Class to Wealthy” Yahoo! Finance, October 22, 2023.

Special thanks to David S. Luber (Florida Probate Attorney) for bringing this article to my attention.

Canadian government reports euthanasia accounted for 4% of all deaths in 2022

The Canadian government's fourth annual report on Medical Assistance in Dying (MAID) unveiled that there were 13,241 instances of MAID in 2022, comprising 4.1% of all deaths in Canada. 

This marked a 31.2% increase from the previous year, with a total of 44,958 MAID deaths since its legalization in 2016. Eligibility for MAID extends to individuals aged 18 and above facing severe, incurable illnesses or disabilities. The report disclosed a slightly higher proportion of male recipients than females, with the average age of recipients being 77 years in 2022. 

Cancer was the most common underlying medical condition, accounting for 63% of MAID cases, followed by cardiovascular, respiratory, and neurological conditions.

For more information see Gabriel Hays “Canadian government reports euthanasia accounted for 4% of all deaths in 2022” Fox News, October 26, 2023.

Article: 2021 Developments in Connecticut Estate and Probate Law

Jeffrey A. Cooper (Quinnipiac University School of Law) and John R. Ivimey (Reid and Riege, P.C.) published an Article in the Connecticut Bar Journal, 2021 Developments in Connecticut Estate and Probate Law, 2023. Provided below is an introduction to the Article:

This Article provides a summary of selected 2021 case law affecting Connecticut estate planning and probate practice.

Article: Laws Governing Restrictions on Charitable Gifts: The Consequences of Codification

Nancy A. McLaughlin (University of Utah S.J. Quinney College of Law) published an Article, Laws Governing Restrictions on Charitable Gifts: The Consequences of Codification, UCLA Law Review 2023. Provided below is an introduction to the Article:

Over the last two decades we have seen marked changes in the laws governing donor-imposed restrictions on charitable gifts. These changes have occurred primarily as a result of the adoption in many states of the Uniform Trust Code (the UTC) and the Uniform Prudent Management of Institutional Funds Act (UPMIFA). This Essay explains that codification in the UTC and UPMIFA of liberalized versions of cy pres and deviation, as well as other related changes to the common law, have had unintended negative consequences. Those negative consequences include a lack of coherence in the law, an elevation of form over substance when it comes to the laws applicable to a particular gift, uncertainties regarding how the statutory provisions operate, inequities between sophisticated or well-represented donors and donees and those who are less sophisticated and without the resources to hire experienced advisors, and confusion in the courts as they grapple with this new, much more complex landscape of laws. This Essay outlines these problems and begins to consider what might be done to address them.

My Father Didn’t Want to Live if He Had Dementia. But Then He Had It.

In 2004, before receiving a diagnosis of dementia, Dr. Jauhar's father expressed that he did not want extraordinary measures to prolong his life in the event of severe illness. Dr. Jauhar has conflicting memories of his father's past competence as a geneticist and his present vulnerability experiencing dementia. The entire family grapples with the decision of whose wishes to prioritize regarding the medical treatment. As his father's condition deteriorates rapidly, the family attempts to provide care at home but is ultimately confronted with the distressing decision of whether to continue medical intervention or withdraw treatment. 

This heart-wrenching experience has compelled Dr. Jauhar to reconsider his stance on advance directives for end-of-life care, which he explores in an opinion piece for The New York Times.

For more information see Sandeep Jauhar “My Father Didn’t Want to Live if He Had Dementia. But Then He Had It” The New York Times, October 23, 2023.

Special thanks to Lewis Saret (Attorney, Washington, D.C.) for bringing this article to my attention. 

Mysterious Chicago recluse Joseph Stancak’s $11 million unclaimed estate thrown into chaos by newly surfaced will

Joseph Stancak died in 2016, leaving behind $11 million with no will or apparent heirs. Stancak's estate is considered one of the largest unclaimed estates in the United States, with more than 119 distant relatives around the globe who were informed that they would receive payouts. Then, a mysterious will surfaced in Cook County probate court this summer.

In June, a petition was filed asking that the newly turned-up will be probated, so a hold was put on any inheritance payouts until the will's legitimacy could be sorted.

The document presented was a will dated August 19, 2015, leaving Stancak's entire estate to Smart Kids Child Care Inc. Only two copies were produced: one to be held by Smart Kids Child Care Inc. and one by the lawyer who allegedly drafted the will, a personal injury attorney John Alleman. But Alleman died in a plane crash a few months after the will was signed.

The document has been called "highly suspicious" and "poorly drafted" and was only discovered after the unclaimed estate made international headlines. Attorney Ken Piercey, who was appointed independent administrator of Stancak's estate, says Stancak had zero connection to Smart Kids Childcare, which is located in the Bronx.

For more information see Mitch Dudek “SW Side recluse’s record-setting $11 million unclaimed estate thrown into chaos by newly surfaced will” Chicago Sun Times, October 21, 2023.

Special thanks to Laura Galvan (Attorney, San Antonio, Texas) for bringing this article to my attention.