Wills, Trusts & Estates Prof Blog

John Amos' Daughter Reveals She Learned About His Death From The News: 'Devastated'

Shannon Amos is sharing that, despite her father reportedly having passed away in August, she only heard the news on Tuesday — “through the media,” like the rest of the world — after her brother K.C. Amos announced it. K.C. confirmed in his announcement Tuesday that his father died of natural causes at 84 years old in his Los Angeles home. K.C. himself has been embroiled in a bitter battle with his sister since at least last summer.

Shannon reportedly launched a GoFundMe in June 2023 in what she said was an effort to raise money for her father’s care, claiming that he had “fallen victim to elder abuse and exploitation” by a “trusted caregiver.” In March, she filed a complaint with the Los Angeles Police Department. Law enforcement sources told TMZ at the time that these accusations regarded K.C. K.C. and his father denied these claims (John Amos told Parade in a statement that he was “doing well”), but Shannon told The Hollywood Reporter in November that she provided Colorado and New Jersey police with documentation proving otherwise.

She also reportedly alleged that K.C. was exerting control over his father and his business affairs, had impersonated the actor in various communications, and had disregarded his medical needs while isolating the elderly actor from the rest of his family. K.C. told the Reporter in November that his sister was lying in an effort to make their father appear “unfit.” He also announced that he was developing a documentary about the actor titled “American Dad,” a moniker he earned from his iconic “Good Times” performance.

For more information see Marco Margaritoff "John Amos' Daughter Reveals She Learned About His Death From The News: 'Devastated'" The Huffington Post, October 2, 2024. 

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

Naomi Campbell barred from being charity trustee in England and Wales

British supermodel Naomi Campbell has been barred from being a charity trustee in England and Wales for five years after the poverty charity she founded nearly two decades ago was deemed Thursday to have been “poorly governed” with “inadequate financial management.”

For example, it said that thousands of pounds worth of charity funds were used to pay for a luxury hotel stay in Cannes, France, for Campbell as well as spa treatments, room service and even cigarettes. The regulator sought explanations from the trustees but said no evidence was provided to back up their explanation that hotel costs were typically covered by a donor to the charity, therefore not costing the charity.

Campbell, 54, said she was “extremely concerned” by the findings of the regulator and that an investigation on her part was underway.

“I was not in control of my charity, I put the control in the hands of a legal employer,” she said in response to a question from the AP after being named a knight in France’s Order of Arts and Letters at the country’s culture ministry for her contribution to French culture. “We are investigating to find out what and how, and everything I do and every penny I ever raised goes to charity.”

The commission, which registers and registers and regulates charities in England and Wales, also found that fellow trustee Bianka Hellmich received around 290,000 pounds ($385,000) of unauthorized funds for consultancy services, which was in breach of the charity’s constitution. She has been disqualified as a trustee for nine years. The other trustee, Veronica Chou, was barred for four years.

“Trustees are legally required to make decisions that are in their charity’s best interests and to comply with their legal duties and responsibilities,” said Tim Hopkins, deputy director for specialist investigations and standards. “Our inquiry has found that the trustees of this charity failed to do so, which has resulted in our action to disqualify them.”

The charity, which was founded in 2005 in the aftermath of Hurricane Katrina in New Orleans, was dissolved and removed from the register of charities earlier this year. On its website, which is still active, the charity said that it presented fashion initiatives and projects in New York, London, Cannes, Moscow, Mumbai and Dar es Salaam, raising more than $15 million for good causes around the world.

The charity had been set up with the aim of uniting the fashion industry to relieve poverty and advance health and education, by making grants to other organizations and giving resources towards global disasters.

The commission said that around 344,000 pounds ($460,000) has been recovered and that a further 98,000 pounds of charitable funds have been protected. These funds were used to make donations to two other charities and settle outstanding liabilities.  

“I am pleased that the inquiry has seen donations made to other charities which this charity has previously supported,” said the regulator’s Hopkins.

For more information see Pan Pylas and Marine Lesprit "Naomi Campbell barred from being charity trustee in England and Wales" AP News, September 26, 2024.

Richard Simmons' family hits back after longtime housekeeper files to be reinstated as co-trustee of estate

Richard Simmons' family has expressed strong disapproval of Teresa Reveles, his longtime housekeeper, for filing a petition to be reinstated as co-trustee of his estate. Reveles, who worked for Simmons for 36 years, claims she was pressured into signing documents that removed her as co-trustee shortly after Simmons passed away. The family, however, has described her actions as motivated by "greed" and believes Simmons would be "heartbroken" by her alleged betrayal of their decades-long friendship.

The family’s spokesperson emphasized that Simmons took great care of Reveles and ensured she was provided for in his will, even though she chose to decline her role as co-trustee. They accuse her of acting against the best interests of the estate and tarnishing Simmons' legacy. Furthermore, they claim Reveles is staying in Simmons’ house despite owning her own residence and has attempted to charge the estate for her living expenses. They also noted concerns over a documentary Reveles allegedly pitched to Netflix, which the family believes could harm Simmons’ legacy.

In her petition, Reveles argues that Simmons’ brother and sister-in-law pressured her into signing away her role as co-trustee while she was emotionally distraught following Simmons' death. She claims she feared losing her inheritance if she did not comply. The family maintains these allegations are false and views her legal actions as a waste of the estate's assets. They are confident the court will reject Reveles' petition once the full facts are presented.

For more information see Lauryn Overhultz "Richard Simmons' family hits back after longtime housekeeper files to be reinstated as co-trustee of estate" Fox News, September 26, 2024. 

Billionaire's ex-wife makes claim about his pregnant new fiancée

John Paulson, a billionaire hedge fund manager, is embroiled in a legal battle with his estranged wife, Jenny Paulson, who has accused his new fiancée, Alina de Almeida, of orchestrating a plan to gain access to his $5.1 billion fortune. Jenny's legal team claims that Alina's pregnancy is a calculated move to secure financial benefits by expanding the class of beneficiaries to include the child, potentially causing financial harm to the daughters Paulson shares with Jenny. The couple's divorce proceedings began in 2021 after Jenny discovered Paul's relationship with Alina, and tensions have escalated as Paulson has since proposed to Alina.

Jenny's amended complaint argues that the pregnancy violates Domestic Relations Law by allowing a child born outside the marriage to potentially receive distributions from the trust established during their marriage. The complaint also accuses Paulson of violating the law by starting a new family while still legally married, which could create discord between his daughters and any future children. A source close to the case questions whether Paulson and Alina considered the potential financial benefits of having a child out of wedlock during the ongoing divorce.

In response, Paulson's attorney, Marilyn Chinitz, has denied the allegations and accused Jenny of attempting to enrich herself at the expense of her daughters. Chinitz argues that despite Jenny remaining one of the wealthiest women in the world post-divorce, she continues to push for more money out of a sense of humiliation that her daughters might be worth more than her. She asserts that the trusts will ensure the financial security of both Paulson's and Jenny's children for generations and urges Jenny to move on rather than prolong the legal battle.

For more information see Alexa Cimino "Billionaire's ex-wife makes claim about his pregnant new fiancée" Dailymail.com, August 30, 2024.

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

‘ER’ creator Michael Crichton’s estate sues Warner Bros. over upcoming hospital drama ‘The Pitt’

The estate of Michael Crichton has sued Warner Bros. Television, claiming that the studio is producing a new medical drama, "The Pitt," as a rebranded and unauthorized reboot of Crichton’s iconic show "ER." After failing to reach an agreement with Warner Bros. to produce an official "ER" reboot, Crichton's estate, led by his widow Sherri, alleges that the studio proceeded with "The Pitt" without their consent.

"The Pitt" is set in Pittsburgh, featuring Noah Wyle, who starred as John Carter in "ER," along with other "ER" alums like executive producer John Wells and showrunner R. Scott Gemmill, all named in the lawsuit. Warner Bros. denies the claims, stating that "The Pitt" is an original show.

Crichton had a "frozen rights" provision in his contract, preventing Warner Bros. from making any derivatives of "ER" without his or his estate's approval. The estate argues that Warner Bros. violated this agreement, and the lawsuit seeks to halt production of "The Pitt" and demands punitive and compensatory damages.

The dispute began when Warner Bros. started developing an "ER" reboot for HBO's Max in 2020 without informing Sherri Crichton. Negotiations broke down in 2022, leading to the creation of "The Pitt." The estate’s lawsuit claims that Warner Bros. has a history of diminishing Crichton's contributions, citing a similar incident with his "Westworld" series credit.

For more information see Associated Press's "‘ER’ creator Michael Crichton’s estate sues Warner Bros. over upcoming hospital drama ‘The Pitt’" New York Post, August 28, 2024.

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

Alain Delon’s family refuse to put down pet dog the actor wanted to be buried with

French actor Alain Delon, renowned for his roles in classics like "The Leopard," passed away at the age of 88. Before his death, Delon had expressed a heartfelt wish for his Belgian Shepherd dog, Loubo, to be euthanized and buried alongside him. In a 2018 interview, he described Loubo as his "end-of-life" companion and spoke of their deep bond, stating he wanted the dog to be put to sleep in his arms if he died first. This request, however, sparked significant controversy in France, particularly among animal welfare organizations.

Following the public outcry, Delon's family decided not to honor his unusual request. They confirmed that Loubo would remain with the family at Delon's Douchy residence. French animal welfare groups, including the Brigitte Bardot Foundation and the Society for the Protection of Animals (SPA), had strongly opposed the idea, arguing that an animal's life should not be conditional on that of a human. These organizations also offered to help find a new home for Loubo if needed, ensuring the dog would continue to live in good health.

For more information see Niamh Kennedy "Alain Delon’s family refuse to put down pet dog the actor wanted to be buried with" CNN.com, August 21, 2024.

Woman’s daughter, son-in-law charged with exploitation at nursing home

Authorities say a Clay County woman’s daughter and son-in-law threatened to leave her in a nursing home until she signed over all her property and power of attorney to them, and earlier had filed paperwork to obtain deeds to her land, home and mineral rights.

The charges alleging exploitation of an elderly person and making false statements to obtain property were filed after the victim obtained an attorney who notified the sheriff’s office of the alleged attempts to obtain control of the woman’s property in Joy while she was in a care center in Henrietta.

She said her son-in-law came to take her home on the day she was to be released but asked her to sign some documents before leaving the center. The documents would have relinquished her home, property, and mineral rights, which were worth more than $300,000, to the couple.

She said she declined, and William became angry and said that if she did not sign, he would leave her in the center until she did, and she would have to pay her bills from the center. Then he left her.

Authorities say medical records show the victim is fully competent to manage her affairs and that Adult Protective Services advised they are opening a case of criminal activity against the couple on the victim’s behalf.

For more information see Larry Statser "Woman’s daughter, son-in-law charged with exploitation at nursing home" SmartNews, August 8, 2024.

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

Succession lessons of the Murdochs’ dynastic drama

Rupert Murdoch is attempting to amend his family trust to give his son Lachlan full control over Fox and News Corp, fearing that his more moderate children might challenge Lachlan's leadership. Murdoch believes that Lachlan's conservative approach is crucial for the company's success, even though research shows that appointing a family member as CEO can negatively impact business performance. This move reflects the complexities of dynastic succession, where the founder's desire for continuity may conflict with what's best for the company.

The article also touches on the broader implications of family-run businesses, particularly in politically influential industries like media. With two-thirds of companies globally being family-controlled, how succession is managed can have far-reaching effects beyond corporate governance, potentially influencing the nature of the news and political content these companies produce. The uncertainty surrounding family dynamics makes the outcome of Murdoch's decision unpredictable, despite his hopes for a seamless transition.

For more information see The editorial board, "Succession lessons of the Murdochs’ dynastic drama" The Financial Times, August 2, 2024. 

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

Melinda French Gates says Warren Buffett's latest will 'did not surprise me'

Melinda French Gates expressed no surprise at Warren Buffett’s recent announcement regarding the disposition of his fortune after his death. In an interview with The New York Times, she stated that Buffett's decision to transfer the majority of his wealth into a charitable trust managed by his three adult children aligns with his evolving approach to philanthropy. This plan excludes any future contributions to the Gates Foundation, a major recipient of Buffett's donations over the years. Buffett, whose net worth was approximately $138.3 billion, has made substantial commitments to various charitable organizations, which he has stated will end upon his death.

In a Wall Street Journal interview, Buffett disclosed that the Gates Foundation, co-founded by Melinda and Bill Gates in 2000, will not receive any more funds posthumously. This marks a significant shift as the Gates Foundation has been a primary beneficiary of Buffett's charitable giving, having received around $43 billion from him. French Gates acknowledged Buffett’s substantial past contributions to the foundation and viewed his new plan as a natural progression in his philanthropic strategy.

Buffett’s most recent donations include over 9.93 million Berkshire Hathaway Class "B" shares to the Gates Foundation in June, alongside significant contributions to other family-related charities such as the Susan Thompson Buffett Foundation, Sherwood Foundation, Howard G. Buffett Foundation, and NoVo Foundation. Despite these donations, Buffett retains a considerable stake in Berkshire Hathaway, with his shares experiencing notable growth over the past year.

Melinda French Gates, with a net worth of $11 billion, continues her philanthropic efforts independently through Pivotal Ventures, focusing on expanding women's power and influence with a pledged $2 billion. This independence underscores her commitment to addressing issues she is passionate about, separate from her work with the Gates Foundation.

For more information see Aislinn Murphy "Melinda French Gates says Warren Buffett's latest will 'did not surprise me'" Fox Business, July 29, 2024.

Rupert Murdoch’s real succession drama − why the future of his media empire could hinge on a legal effort in Nevada

Rupert Murdoch is attempting to alter an irrevocable trust that holds significant ownership in Fox Corp. and News Corp., which impacts various media outlets. Currently, the trust stipulates that upon Murdoch's death, his four oldest children—Lachlan, James, Elisabeth, and Prudence—will equally determine the future of the media empire. Murdoch's efforts, dubbed "Project Harmony," aim to ensure Lachlan remains in control, hoping to prevent familial conflicts. This legal maneuver has been kept secret, with proceedings occurring in a confidential Nevada probate court.

Trusts are estate planning tools that manage and distribute property, often used to minimize taxes, protect assets, and avoid probate. Trustees, who manage the trust's property, are fiduciaries obligated to act in the beneficiaries' best interests. Trusts can prolong a donor's control over their property through appointed trustees.

In Nevada, irrevocable trusts can be modified by court order if all beneficiaries agree, or through "trust decanting" by trustees. Nevada's laws also allow settlors to maintain greater secrecy about trusts, even from beneficiaries. The Murdoch Family Trust's secrecy and location in Nevada align with these protective laws.

The trust dispute stems from Murdoch's 1999 divorce agreement ensuring his children would inherit News Corp. Murdoch's current concern is that equal governance among his children might lead to conflicts, particularly due to differing political views, threatening the company's stability. Although the trust is irrevocable, it allows changes made in good faith for beneficiaries' benefit. Murdoch argues that Lachlan's sole governance would be more profitable for the trust.

A court will decide if Murdoch's proposed changes are in good faith. This case highlights the complexities of trusts in managing family businesses and the challenges of ensuring harmony among heirs.

For more information see "Rupert Murdoch’s real succession drama − why the future of his media empire could hinge on a legal effort in Nevada" The Conversation, July 30, 2024. 

Special thanks to Naomi Cahn (University of Virginia School of Law) for bringing this article to my attention.