Estate Planning: Avoiding Conflict and Confusion

Hollywood has no shortage of cautionary tales, even when it comes to Estate. Celebrities like Aretha Franklin, Chadwick Boseman, Prince and Robin Williams all had family members in Court due to poorly prepared or nonexistent estate plans. Anne Heche and Lisa Marie Presley are the most recent examples of high-profile conflicts over celebrity estates.

Months after the deaths of both stars they were still making headlines because their families were fighting over control of the Estates. Heche’s 20-year-old son and her former partner fought over control of her estate because Anne Heche did not have a last will and testament. Heche’s former partner relied on an email from 2011 to Heche’s lawyer stating that she wished for her partner to control her estate for the benefit of her children. He also argued that Heche’s 20-year-old son was too young to administer the estate. Ultimately, after four (4) months, the Court imposed California’s intestacy laws and confirmed that Heche’s son would administer the estate.

Lisa Marie Presley’s mother, Pricilla Presley, and daughter, Riley Keough, went to Court to determine who should be trustee of Lisa Marie Presley’s estate, which was held entirely in trust. Pricilla Presley was originally named trustee, then some years later, the trust was amended to name Riley Keough and her brother (who predeceased Lisa Marie) as trustees. The crux of the argument was over the legitimacy of the document naming Keough and her brother as trustees. Some of the issues with the document were that it only existed as a PDF copy, not an original; Pricilla was not notified of her removal as trustee, which is required under California law; there were no witnesses or notaries; and there was a question over whether the signature was legitimate. Seven (7) months and many court hearings after Lisa Marie Presley’s death, the administration of her estate was settled out of court.

Sadly, Heche’s situation is not unique. According to some estimations, 68% of Americans do not have a Will.[1] As you can see from Anne Heche’s situation, the lack of a Will can become a major problem for the family that you leave behind, especially if any family members disagree as to who should be in charge of your estate. The best and most effective way to manage your estate is to execute a Last Will and Testament, which sets forth your wishes for your property, and even the care and custody of your children, upon your death.
As was evident in the case of Lida Marie Presley, it is especially important that your Will, and other Estate Planning Documents, are prepared and executed in accordance with the laws of the state in which you reside at the time of your death. In New Jersey, there are specific statutory laws that must be followed in order for a Will, Trust, Codicil, etc. to be legitimate and “self-proving” in the eyes of the Court. Prepared and hand-written documents have different requirements under the statute. If there is any question over the legitimacy of an estate planning document, it invites conflict. The best way to avoid this conflict is to have an attorney prepare your estate plan.

Family disagreements are not unusual, same is true when a loved one dies. Recently, our firm had to resolve a case that involved a disagreement as to the funeral control of a deceased family member. This disagreement caused the funeral home to delay the funeral process for over two weeks! If you do not arrange your funeral before your death, you can set forth a funeral agent in your Will to take control of the planning of your funeral and avoid any disagreements or delays.
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Be sure to put your wishes down on paper, putting it off until a later date that may never come could result in turmoil for your family while they are still grieving. If you already have a Will, take some time to make sure complies with the statutory requirement and make sure it is up to date.
Give yourself some peace of mind and lay out an effective plan of action for your family. Contact Hunnell Law Group today to start your Estate Planning. https://www.hunnelllaw.com/contact


[1] https://theconversation.com/68-of-americans-do-not-have-a-will-137686; https://www.caring.com/caregivers/estate-planning/wills-survey/; https://www.aarp.org/money/investing/info-2017/half-of-adults-do-not-have-wills.html
 

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