Wills, Trusts & Estates Prof Blog

Jerry Springer, Host of Unapologetically Brash Talk Show, Dies at 79

Jerry Springer, longtime host of “The Jerry Springer Show,” died Thursday at his home in Chicago at age 79. Springer experienced a brief illness prior to his death, which was confirmed by a family friend and executive producer of his show.

"The Jerry Springer Show" ran for nearly three decades and peaked its popularity in the 1990s. Mr. Springer always ended each segment with his signature sign-off: “Take care of yourself and each other.”

For more information see Remy Tumin “Jerry Springer, Host of Unapologetically Brash Talk Show, Dies at 79” The New York Times, April 27, 2023.

Australia worried 'prolific' sperm donors could lead to 'accidental incest'

Australians are pushing for a new centralized database to replace the current system of tracking sperm donors in the country, which only tracks genetic material in the state of origin. With six states and two territories, it is possible for multiple half-siblings to exist throughout the country, spurring fear of accidental incest.

In addition to fears about the lack of data when genetic material crosses state lines, the rise of informal sperm donation has many concerned. Several families who have found traditional fertility treatments to be cost prohibitive have turned to the internet to source sperm donors. Taking money for donations is illegal in Australia, however, donors may be compensated for the cost of travel. As this practice continues to gain in popularity, experts are pushing for tracking of this sort of donation as well.

The cost of creating a central database may be expensive, but experts believe it is worth it for future generations of Australians.

For more information see Peter Aitken “Australia worried 'prolific' sperm donor could lead to 'accidental incest'” Fox News, February 9, 2023.

Stephen ‘Twitch’ Boss died without will; wife Allison Holker files for half of estate

Beloved dancer, DJ, and television personality who was widely known for his work on The Ellen DeGeneres Show and So You Think You Can Dance, Stephen “tWitch” Boss, died by suicide on December 13, 2022. It has since been revealed that by passed away without a will.

Earlier this week, his wife, Allison Holker, filed a petition in Los Angeles for his half of their share estate, along with routine court documents proving their marriage and that he did not have a will. The estate includes his production company’s investment account, as well as royalties from his work with Disney and the Screen Actors Guild. Documents show that at the time of their marriage Boss had a net worth of “nil” thus making the assets outlined in the petition community property.

The pair married in December 2013, after meeting on So You Think You Can Dance. They shared three children, Weslie, Maddox, and Zaia.

For more information see Christi Carras "Stephen ‘Twitch’ Boss died without will; wife Allison Holker files for half of estate," The Los Angeles Times, February 9, 2023.

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

Priscilla Presley has strong case in dispute over control of daughter’s estate

Last week, Priscilla Presley challenged her daughter’s will, raising concerns of a family rift and messy legal battle over the estate. Priscilla released a statement denying a family rift. Legal experts have spoken out, saying that Priscilla has a strong claim.

Many factors have been cited, including the suggestion that Lisa Marie’s signature was forged and that her name is misspelled in the document. Additionally, the original trust set out the process for amendments, which include delivery of the amendment to be made to Priscilla, which was not carried out while Lisa Marie was alive.

At this time, it is unclear if Riley Keough, Lisa Marie’s eldest daughter, has an interest in serving as co-trustee on the estate with her grandmother.

For more information see Anousha Sakoui “Priscilla Presley has strong case in dispute over control of daughter’s estate”, The Los Angeles Times, February 4, 2023.

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

64th Anniversary of "The Day the Music Died"

Writing this blog from Lubbock, Texas, today is especially significant as the 64th anniversary of the plane crash that killed Buddy Holly (a Lubbock native), Ritchie Valens, The Big Bopper (Jiles Perry Richardson, Jr.), and the plane's pilot.

Like most Americans, Buddy Holly died intestate.

Priscilla Presley contests Lisa Marie Presley’s will, claims ‘invalid’ signature

Priscilla Presely filed documents in Los Angeles Superior Court late last week challenging the "purported 2016 amendment" to Lisa Marie Presley's will. She is claiming that the signature appears inconsistent with Lisa Marie's customary signature and was not properly notarized. The amendment ousted Priscilla as trustee of her daughter's estate in favor of Lisa Marie's eldest daughter, Riley Keough.

According to court documents, Priscilla and Lisa Marie's former business manager, Barry Siegel, were named co-trustees of the estate in 1993. Priscilla was unaware of the amendment made in 2016 until after her daughter's death earlier this month.

Lisa Marie previously claimed Siegel left her in "financial ruin" and Siegel countersued for $800,000 in unpaid bills.

For more information see Emily Selieck “Priscilla Presley contests Lisa Marie Presley's will, claims 'invalid' signature”, Page Six, January 29, 2023.

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

Ivana Trump's $34 Million Estate Gives Insight to How She Felt About Ex Donald Trump Before She Died

Ivana Trump passed away last July leaving behind a $34 million estate. The division of her assets has become a matter of public record and has given the public some insight into the Trump family dynamic.

Ivana’s three children Ivanka, Donald Jr., and Eric, are the main beneficiaries of her estate. However, she did leave a property to her fourth husband, Rossano Rubicondi, who predeceased her in death. She also left her Yorkshire Terrier, Tiger Trump, and a $1 million condo to her former nanny, Dorothy Curry. After serving as a nanny to Ivana’s children, Curry became a close friend and confidant and spoke at the funeral last July.

According to probate records, Ivana claimed Miami-Dade County, Florida as her permanent residence, and the division of her estate was completed late last year.

For more information see Katherine Tangalakis-Lippert “Donald Trump got nothing in Ivana Trump’s will— but she left her ex-nanny a $1 million condo”, Yahoo! News, January 17, 2023 and Kristyn Burtt “Ivana Trump’s $34 Million Estate Gives Insight to How She Felt About Ex Donald Trump Before She Died”, Yahoo! Life, January 16, 2023.

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

ACTEC Recent Updates

ACTEC recently shared the second podcast in the 4-part podcast series, “An Illuminating Look at Closely Held Entities.” 

ACTEC Trust and Estate Talk  (podcast series for professionals)

4-Part Podcast Series: An Illuminating Look at Closely Held Entities

This podcast series continues with Part 2: Formation of a Closely Held Entity. ACTEC Fellows Miriam W. Henry and Kevin Matz discuss issues critical to the formation of LLCs and limited partnerships. The two remaining podcasts in the series will be shared over the next two weeks, and will cover administration, and possible liquidation. Stay tuned!

The Getty Family’s Trust Issues

The Getty family has gone to battle against a former financial advisor, Marlena Sonn, who has given the world a glimpse inside the workings of the Getty dynasty. The dispute began over a tax strategy rooted in the physical geography of family members to avoid paying California taxes. 

Sonn built her career by representing progressive, ultra-high-net-worth millennials and women in an industry known for its “bro culture,” and helps her clients align their financial strategy with their progressive ideologies. She was connected to Gordon Getty’s daughters Sarah and Kendalle, and built strong personal relationships with them over an eight year period likened to that of mother-daughter relationships.

The falling out began when she wrote the sisters about her concerns over a tax strategy deployed by the family. Around this time, she was removed from her position at the corporate entities that represented the sister's interests in Pleiades Trust and during severance negotiations, the personal relationships soured. As the negations further declined, Sonn filed suit in the Eastern District of New York.

Darien Shanske, a law professor at U.C. Davis, has characterized the Gettys’ tax approach as “aggressive, obnoxious tax planning.” It appears the strategy might simply be taking their chances with California’s version of the IRS, the Franchise Tax Board. Like many state agencies, F.T.B. can only take on so many complex cases, and with current legal uncertainties and a well-financed opponent, F.T.B. may just decide to settle rather than rigorously pursue the family.

Everyone involved has felt the ramifications of the falling out. Sarah Getty told reporters that this has impacted her ability to trust those around her, while Sonn’s career in finance is virtually over.

For more information see Evan Osnos “The Getty Family’s Trust Issues”, The New Yorker, January 16, 2023. 

Special thanks to Kent D. Schenkel (Professor of Law, New England Law) and Deborah Matthews (Virginia Estate Planning Attorney) for bringing this article to my attention.

Lisa Marie Presley leaves behind a lucrative Graceland — and a complicated financial legacy

Elvis Presley earns more in death than many people will ever see in a lifetime, collecting everything from his music catalog to his likeness. The death of Lisa Marie Presley, his only child, could mean changes in the estate.

The property trust for his iconic Memphis, Tennessee mansion, Graceland, will now go to Lisa Marie’s children. Representatives said that nothing will change the operations. Presley is survived by her three daughters, Riley Keough and Harper, and Finley Lockwood. Graceland is also home to Elvis’ costumes, cars, awards, and other personal possessions.

When a single asset owner deceases and their assets go to multiple people there can be complications. Each new beneficiary may have different desires and needs, including opting to sell their assets and cash out instead. The deciding factor could ultimately be how closely Elvis’ descendants want to keep control of his legacy — or at least, in Graceland, its physical manifestation.

For more information see , “Lisa Marie Presley leaves behind a lucrative Graceland — and a complicated financial legacy”, The Los Angeles Times, January 14, 2023. 

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