Wills, Trusts & Estates Prof Blog

‘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.

Oscar nominees will receive gift bags worth nearly $140,000—but they could come with a hefty tax bill

The 94th Academy Awards this Sunday will host a slew of Hollywood A-listers hoping to walk out with an Oscar Statuette. 25 of the nominees will also receive a gift bag worth over $137,000. 

The gift bag is given to the five nominees in each of the four acting categories and nominees for "Best Director." The gift bag includes a collection of expensive items, including gold-infused olive oil and even up to $10,000 worth of plastic surgery. 

Unfortunately, if the gift bag is accepted by the nominees, they will also be accepting a "hefty tax burden." The tax must be applied because the gift bags are not technically "gifts" that were given "solely out of affection, respect or similar impulses for the recipients. . ." 

According to Eric Bronnenkant, head of Tax at Betterment, it comes down to intent. With the gift bag, the intent of providing these gift bags is to influence behavior and get celebrities to use a certain product or go on a specific vacation. 

Thus, the value of the gifts is calculated as income on the recipients' taxes. 

See Nicolas Vega, Oscar nominees will receive gift bags worth nearly $140,000—but they could come with a hefty tax bill, CNBC, March 27, 2022. 

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

Wendy and Jen Wreck the Movies – Uptown Girls (2003), Or Even Rock Stars Need Estate Planning

In very intriguing fashion, Wendy Hoey Sheinberg and Jennifer F. Hillman, also known as "Wendy and Jen" describe how modern day fairy tales are "excellent cautionary estate planning tales." 

Wendy and Jen "wrecked" popular movie Uptown Girls starring Brittany Murphy and Dakota Fanning by pointing out the consequences of the failure to create an estate plan. 

Uptown Girls tells the story of Princess Molly Gunn (played by Brittany Murphy) who fell into a fortune left by her parents. For awhile, she loved lavish, that was until her fortune was stolen by her business manager Bob. 

In Wendy and Jen's version of Uptown Girls, Princess Molly's parents decide to reach out to attorneys who just happen to be Wendy and Jen. Instead of leaving a heap of cash to their precious daughter Molly, they create and estate plan for their daughter. This estate planning fairy tale is much more practical, and far more safe as the treasure is protected from "wicked trolls" like Business Manager Bob. 

See Wendy Hoey Sheinberg & Jennifer F. Hillman, Wendy and Jen Wreck the Movies – Uptown Girls (2003), Or Even Rock Stars Need Estate Planning, Rivkin Radler, March 17, 2022. 

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

Amanda Bynes files to terminate conservatorship after nearly 9 years

American actress Amanda Bynes has filed to end her conservatorship, confirmed by her attorney David A. Esquibias. 

The retired actress, known for her roles in Hairspray, She's the Man, and All That, filed to terminate the conservatorship of her person and her estate in a petition submitted at the Ventura County Superior Court. 

Bynes, 35, is currently working on a degree at California's Fashion Institute of Design and Merchandising and believes she no longer needs protection from the court, as she believes her condition has vastly improved. 

In 2013, Bynes had a series of troubles including multiple DUI  arrests, a drug related arrest, shoplifting allegations, and even set fire to a stranger's driveway. Bynes's mother, Lynn, currently oversees the conservatorship and has done so since 2013 when Bynes was hospitalized on an involuntary psychiatric hold. 

In 2020, the Nickelodeon star celebrated 18 months of sobriety, telling Paper Magazine, that substance abuse was the core of her problems. 

Although Bynes's conservatorship was extended to 2023, her attorney believes that the legal arrangement could "be terminated at any time for good cause." 

A hearing regarding the conservatorship is set for March 22. 

See Suzy Byrne, Amanda Bynes files to terminate conservatorship after nearly 9 years, Yahoo Entertainment, February 25, 2022. 

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

Fred Astaire’s Will Allegedly Contains Clause That Will Prevent Tom Holland From Portraying Him In New Film

Although Tom Holland has confirmed that he agreed to take on the role of portraying Fred Astaire, rumors have emerge that cast doubt on whether Astaire's family will give their blessing. 

While Astaire was was alive, he spoke out against the idea of himself being portrayed in a film by someone else. At one point Astaire told reporters, "[h]owever, much they offer me - and offers come in all the time - I shall not sell." 

Apparently, Astaire even claimed to have placed a clause in his will specifying his wish, stating "It is there because I have no particular desire to have my life misinterpreted, which it would be."

Although the rumor has not been confirmed, it has continued to circulate since Holland revealed that the script for the film portraying Astaire's life "came in weeks ago." 

See Hannah Smith, Fred Astaire’s Will Allegedly Contains Clause That Will Prevent Tom Holland From Portraying Him In New Film, Unilad (U.K.), December 7, 2021. 

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

‘James Bond’ actor Daniel Craig says his children won’t be receiving his multimillion-dollar fortune

Daniel Craig, who is known for his legendary role as James Bond, is worth a reported $160 million. 

Recently, Daniel Craig gave his two sense about inheritance. According to Craig, he will not leave much money to his children by the time he dies. Craig stated, "Isn't there an old adage that if you die a rich person, you've failed?" Craig further stated, "I think Andrew Carnegie gave away what in today's money would be about $11 billion, which shows how rich he was because I'll bet he kept some of it, too." 

According to Daniel Craig, it is "distasteful" to leave heirs massive amounts of money. Craig's philosophy is to get rid of the money or give it away before he goes. 

See Nicolas Vega, ‘James Bond’ actor Daniel Craig says his children won’t be receiving his multimillion-dollar fortune, CNBC, August 20, 2021. 

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

 

LA's famed Hearst Estate, seen in 'The Godfather,' sells for $47 million

The iconic Beverly Hills mansion, known as the Beverly House, has sold for $47 million after a number of price reductions. The mansion which was formerly owned by newspaper titan William Randolph Hearst and Hollywood actress Marion Davies featured in legendary movie "The Godfather" as well as "The Bodyguard." 

Hearst and Davies' love story began in 1921, and Davies purchased the property for Hearst 15 years later. The media mogul remained in the home until he passed four years later. 

The mansion was also the honeymoon spot for Jacqueline and John F. Kennedy. 

The property sits on 3.5 Acres and contains one of the longest private driveways in Los Angeles. The mansion has 18 bedrooms and 25 bathrooms between its two-story gatehouse and the main home. 

The property is currently in bankruptcy and originally hit the market for $165 million. In March it was listed for $119 million and again recently for $89.75 million. The asking price was at $69.95 million when the $47 million offer was accepted. 

See Breck Dumas, LA's famed Hearst Estate, seen in 'The Godfather,' sells for $47 million, Fox Business, August 29, 2021. 

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

Trailblazing 'Star Trek' Actress Nichelle Nichols At The Center Of Conservatorship Battle

Star Trek actress Nichelle Nichols has found herself in a situation strikingly similar to Britney Spears. Nichols is currently in a conservatorship struggle that involves her only child, Kyle Johnson, her former manager Gilbert Bell, and a concerned friend, Angelique Fawcette—who Nichols named as her successor). 

Nichelle Nichols is known for breaking the color barrier in television in the 1960s with her role as Lt. Nyota Uhura in Star Trek. 

Similar to Britney Spears, Nichols' conservatorship battle is "raising public consciousness about conservatorships." Nichols' former agent and her concerned friend have taken steps to intervene because they feel that "Nichols is being denied the opportunity to live a life free of unwarranted restrictions." 

A specific catalyst for the conservatorship struggle is Nichols' dementia. Nichols' son, Kyle Johnson, claims that his mother could be "exploited due to her mental instability" and sought a petition for her conservatorship three years ago. 

In August of 2018, Fawcette filed an objection to Johnson's petition in which she argued that Nichols was still of sound mind and body and was capable of managing both her personal and financial affairs with some limited assistance. 

Fawcette also alleged that Johnson is simply using the conservatorship to take advantage of his mother by abusing his role to access Nichols' income and personal possessions. 

In 2019, Johnson was appointed conservator of his mother's estate, which Bell quickly opposed. 

The conservatorship battle continues, while Nichols' condition is unclear—at least to the public. 

See Okla Jones, Trailblazing 'Star Trek' Actress Nichelle Nichols At The Center Of Conservatorship Battle, Essence, August 16, 2021. 

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

Elizabeth Hurley reacts to son Damian 'callously' being cut out of family fortune due to being born out of wedlock

"Elizabeth Hurley says a court decision to cut off her son Damian from a share of his grandfather's fortune is 'callous' and goes against what his late father would have wanted." 

Hurley stated that her former partner Steve Bing believed that "both of his children were financially secure before his death by suicide in 2020."

Damian obtained a judgment to ensure they would receive money held in trust, but the decision was successfully appealed by Dr. Peter Bing.

According to Hurley, "When Stephen took his own life, he died thinking his children were going to be taken care of. . .[w]hat Stephen wanted has now been callously reversed. I know Stephen would have been devastated."

Pursuant to Dr. Peter Bing's successful appeal, Damian and his half-sister Kira will not receive any money since they were both born out of wedlock.

Instead, "their grandfather's fortune will be shared between the two children of Bing's sister Mary, who were born within a marriage." 

Hurley claimed that although Bing initially refused to acknowledge Damian and Kira, he later reconnected with them and "fought very hard in his final year to ensure that his children were recognized." 

Hurley added, "I am just relieved that Stephen will never know that Damian's relatives—Stephen's father and the family of his sister Mary—were ultimately successful in their appeal against the original trial verdict." 

See Tom Beasley, Elizabeth Hurley reacts to son Damian 'callously' being cut out of family fortune due to being born out of wedlock, Yahoo Entertainment, July 4, 2021. 

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

“I Care A Lot” – Could It Happen to Me?

"If you're a probate attorney (or someone with a Netflix account), you've seen or heard about the somewhat disturbing film 'I Care a Lot.'" The film was released on Netflix in early 2021. 

The film illustrates "a legal guardian's ability to target and drain the assets of susceptible elderly individuals." The movie follows a "crooked guardian" named Maria, played by Rosamund Pike. In the movie, Maria obtains guardianship over Jennifer, played by Dianne Wiest. 

What starts as a seemingly predictable plot turns into a thrilling piece of art with "twists of violence, crime, and laughable moments." Unfortunately, the legal procedures depicted in the film are inaccurate at best. 

It is important to discuss these inaccuracies. First, when Maria meets with Dr. Amos to discuss Jennifer's "need" for a guardian. The encounter is filled with HIPAA violations, ethical concerns, and Dr. Amos fails to provide a medical certificate to the court, which is required with a petition for guardianship. 

In a startling scene, Maria shows up to Jennifer's front door and takes her to an assisted living home, while Jennifer has no idea what is going on and is completely unaware that there was a hearing to begin with. 

Also, Maria seemingly has a lot of powers that guardians in most states would not have. For instance, Maria began painting the walls in Jennifer's home and attempted to sale the home. In the real world, these powers must be provided by the court and are not automatic when someone becomes a guardian. 

If you watched or plan on watching "I Care A Lot" keep in mind that the movie is not completely accurate and portrays an exaggerated picture of the potential abuse of a guardianship and the authority that comes with it. 

See Noelle Lussier, “I Care A Lot” – Could It Happen to Me?, Burns & Levinson, June 24, 2021. 

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