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    <title>Andrew and Danielle Mayoras</title>
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    <id>tag:www.bullypulpit.com,2010-07-06:/andrewanddaniellemayoras//68</id>
    <updated>2012-01-25T13:38:27Z</updated>
    
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<entry>
    <title>Trial &amp; Heirs Top Tips For The Holidays</title>
    <link rel="alternate" type="text/html" href="http://www.bullypulpit.com/andrewanddaniellemayoras/2011/12/trial-heirs-top-tips-for-the-holidays.html" />
    <id>tag:www.bullypulpit.com,2011:/andrewanddaniellemayoras//68.4136</id>

    <published>2011-12-15T13:37:48Z</published>
    <updated>2012-01-25T13:38:27Z</updated>

    <summary><![CDATA[Click the picture below to watch Danielle &amp; Andy's Top Tips For The Holidays! &lt;iframe src="http://player.vimeo.com/video/33666651?title=0&amp;amp;byline=0&amp;amp;portrait=0&amp;amp;autoplay=1" width="500" height="281" frameborder="0" webkitAllowFullScreen mozallowfullscreen allowFullScreen&gt;&lt;/iframe&gt;...]]></summary>
    <author>
        <name>Andrew &amp; Danielle Mayoras</name>
        <uri>http://www.trialandheirs.com</uri>
    </author>
    
    <category term="toptipsfortheholidays" label="Top Tips for the Holidays" scheme="http://www.sixapart.com/ns/types#tag" />
    
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        <![CDATA[<div><span style="font-family: Georgia, Palatino, 'Palatino Linotype', Times, 'Times New Roman', serif; line-height: 21px; -webkit-text-size-adjust: none; background-color: rgb(249, 249, 246); ">Click the picture below to watch Danielle &amp; Andy's Top Tips For The Holidays!</span>
</div><div><br /></div>&lt;iframe src="http://player.vimeo.com/video/33666651?title=0&amp;amp;byline=0&amp;amp;portrait=0&amp;amp;autoplay=1" width="500" height="281" frameborder="0" webkitAllowFullScreen mozallowfullscreen allowFullScreen&gt;&lt;/iframe&gt; ]]>
        
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<entry>
    <title>Another Lawsuit Brewing Because Martin Luther King, Jr. Died Without A Will</title>
    <link rel="alternate" type="text/html" href="http://www.bullypulpit.com/andrewanddaniellemayoras/2011/12/another-lawsuit-brewing-because-martin-luther-king-jr-died-without-a-will.html" />
    <id>tag:www.bullypulpit.com,2011:/andrewanddaniellemayoras//68.4135</id>

    <published>2011-12-14T13:32:32Z</published>
    <updated>2012-01-25T13:33:43Z</updated>

    <summary><![CDATA[There is no doubt about the greatness of Reverend Martin Luther King, Jr. Unfortunately, his estate planning wasn't so great. &nbsp;In fact, King made a mistake that too many people make everyday in our country ... he procrastinated with his...]]></summary>
    <author>
        <name>Andrew &amp; Danielle Mayoras</name>
        <uri>http://www.trialandheirs.com</uri>
    </author>
    
    <category term="estate" label="estate" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="estatebattles" label="Estate Battles" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="estateplanning" label="Estate Planning" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="jr" label="Jr." scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="martinlutherking" label="Martin Luther King" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="mlk" label="MLK" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="willsandtrusts" label="wills and trusts" scheme="http://www.sixapart.com/ns/types#tag" />
    
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        <![CDATA[<p style="background-image: initial; background-attachment: initial; background-origin: initial; background-clip: initial; background-color: rgb(249, 249, 246); border-style: initial; border-color: initial; margin-bottom: 17px; vertical-align: baseline; font-family: Georgia, Palatino, 'Palatino Linotype', Times, 'Times New Roman', serif; font-size: 14px; line-height: 21px; -webkit-text-size-adjust: none; ">There is no doubt about the greatness of Reverend Martin Luther King, Jr. Unfortunately, his estate planning wasn't so great. &nbsp;In fact, King made a mistake that too many people make everyday in our country ... he procrastinated with his legal planning and died without a will. &nbsp;<a href="http://blog.trialandheirs.com/wp-content/uploads/Martin-Luther-King-1964.jpg" style="background-image: initial; background-attachment: initial; background-origin: initial; background-clip: initial; background-color: transparent; border-top-width: 0px; border-right-width: 0px; border-bottom-width: 0px; border-left-width: 0px; border-style: initial; border-color: initial; border-image: initial; margin-top: 0px; margin-right: 0px; margin-bottom: 0px; margin-left: 0px; padding-top: 0px; padding-right: 0px; padding-bottom: 0px; padding-left: 0px; vertical-align: baseline; color: rgb(100, 33, 9); background-position: initial initial; background-repeat: initial initial; "><img class="alignright size-medium wp-image-2333" title="Martin-Luther-King-1964" src="http://blog.trialandheirs.com/wp-content/uploads/Martin-Luther-King-1964-217x300.jpg" alt="" width="217" height="300" style="background-image: initial; background-attachment: initial; background-origin: initial; background-clip: initial; background-color: transparent; border-style: initial; border-color: initial; margin-top: 4px; margin-right: 0px; margin-bottom: 12px; margin-left: 24px; padding-top: 0px; padding-right: 0px; padding-bottom: 0px; padding-left: 0px; vertical-align: baseline; border-width: initial; border-color: initial; float: right; position: relative; max-width: 640px; height: auto; width: auto; display: inline; " /></a></p><p style="background-image: initial; background-attachment: initial; background-origin: initial; background-clip: initial; background-color: rgb(249, 249, 246); border-style: initial; border-color: initial; margin-bottom: 17px; vertical-align: baseline; font-family: Georgia, Palatino, 'Palatino Linotype', Times, 'Times New Roman', serif; font-size: 14px; line-height: 21px; -webkit-text-size-adjust: none; ">In large part because of this, his legacy has been marred by fighting among his children over the handling of his estate, including claims of secrecy, mismanagement and misappropriating assets. &nbsp;Years ago, MLK's heirs formed a corporation to manage King's estate, but then they fought over control over the corporation. You can read Trial &amp; Heirs' coverage of the&nbsp;<a href="http://blog.trialandheirs.com/estate-planning/martin-luther-king-jr-estate-fight-is-resolved-2" target="_blank" style="background-image: initial; background-attachment: initial; background-origin: initial; background-clip: initial; background-color: transparent; border-top-width: 0px; border-right-width: 0px; border-bottom-width: 0px; border-left-width: 0px; border-style: initial; border-color: initial; border-image: initial; margin-top: 0px; margin-right: 0px; margin-bottom: 0px; margin-left: 0px; padding-top: 0px; padding-right: 0px; padding-bottom: 0px; padding-left: 0px; vertical-align: baseline; color: rgb(100, 33, 9); background-position: initial initial; background-repeat: initial initial; ">lawsuit between the King children here</a>. &nbsp;Luckily, the heirs were able to reach a settlement and ended that round of fighting.</p><p style="background-image: initial; background-attachment: initial; background-origin: initial; background-clip: initial; background-color: rgb(249, 249, 246); border-style: initial; border-color: initial; margin-bottom: 17px; vertical-align: baseline; font-family: Georgia, Palatino, 'Palatino Linotype', Times, 'Times New Roman', serif; font-size: 14px; line-height: 21px; -webkit-text-size-adjust: none; ">But, that doesn't mean the court battles have ended. &nbsp;The corporation which operates the estate turned its attention to a television anchor in Southern Mississippi, named Howard Nelson Ballou. &nbsp;The Estate of Martin Luther King, Jr., Inc., sued Ballou and claimed he has possession of historic documents relating to King.</p><p style="background-image: initial; background-attachment: initial; background-origin: initial; background-clip: initial; background-color: rgb(249, 249, 246); border-style: initial; border-color: initial; margin-bottom: 17px; vertical-align: baseline; font-family: Georgia, Palatino, 'Palatino Linotype', Times, 'Times New Roman', serif; font-size: 14px; line-height: 21px; -webkit-text-size-adjust: none; ">These include handwritten letters from King, transcripts of speeches he delivered, statements and newsletters he authored, a handwritten letter by Rosa Parks, and similar writings of great importance to King's efforts in the 1950′s civil rights movement.</p><p style="background-image: initial; background-attachment: initial; background-origin: initial; background-clip: initial; background-color: rgb(249, 249, 246); border-style: initial; border-color: initial; margin-bottom: 17px; vertical-align: baseline; font-family: Georgia, Palatino, 'Palatino Linotype', Times, 'Times New Roman', serif; font-size: 14px; line-height: 21px; -webkit-text-size-adjust: none; ">Ballou's parents had been close friends with King and his wife, Coretta Scott King. &nbsp;Ballou's father was King's fraternity brother, and his mother had been King's personal secretary in the 1950′s. &nbsp;She helped him research, type and edit his speeches, answered his mail and made his travel arrangements. &nbsp;She says that, through her relationship with King, he gave her the documents.</p><p style="background-image: initial; background-attachment: initial; background-origin: initial; background-clip: initial; background-color: rgb(249, 249, 246); border-style: initial; border-color: initial; margin-bottom: 17px; vertical-align: baseline; font-family: Georgia, Palatino, 'Palatino Linotype', Times, 'Times New Roman', serif; font-size: 14px; line-height: 21px; -webkit-text-size-adjust: none; ">Ballou's mother, Maude Williams Ballou, now 86 years old, recently said in a sworn statement that King wanted her to keep the documents by giving them to her at different times, and telling her, "[H]ere, Maude, this is for you." &nbsp;She says she always considered the writings to be her personal belongings, and King never asked for them back between then and the day he was assassinated in 1968.</p><p style="background-image: initial; background-attachment: initial; background-origin: initial; background-clip: initial; background-color: rgb(249, 249, 246); border-style: initial; border-color: initial; margin-bottom: 17px; vertical-align: baseline; font-family: Georgia, Palatino, 'Palatino Linotype', Times, 'Times New Roman', serif; font-size: 14px; line-height: 21px; -webkit-text-size-adjust: none; ">Ballou's husband stored the documents at Elizabeth City State University, in North Carolina, where he worked until he passed away. &nbsp;The University found the documents in 2007 and gave them to their son, Howard Nelson Ballou. When a local newspaper story mentioned the discovery of the documents, the King heirs took notice.</p><p style="background-image: initial; background-attachment: initial; background-origin: initial; background-clip: initial; background-color: rgb(249, 249, 246); border-style: initial; border-color: initial; margin-bottom: 17px; vertical-align: baseline; font-family: Georgia, Palatino, 'Palatino Linotype', Times, 'Times New Roman', serif; font-size: 14px; line-height: 21px; -webkit-text-size-adjust: none; ">They sued Ballou in federal court in Mississippi. &nbsp;The Ballou family, unlike the King Estate Corporation, likely does not have endless funds available to pay lawyers for a lawsuit over what King really intended.</p><p style="background-image: initial; background-attachment: initial; background-origin: initial; background-clip: initial; background-color: rgb(249, 249, 246); border-style: initial; border-color: initial; margin-bottom: 17px; vertical-align: baseline; font-family: Georgia, Palatino, 'Palatino Linotype', Times, 'Times New Roman', serif; font-size: 14px; line-height: 21px; -webkit-text-size-adjust: none; ">Howard Ballou is trying to end the lawsuit early. &nbsp;He filed a motion asking the Judge to dismiss the case, based on the sworn statement of his mother. &nbsp;The King Estate Corporation is arguing against it, saying it's premature to even think about dismissing the case before its lawyers have been able to question Maude Ballou in a deposition. &nbsp;Those lawyers have pointed out that that any documents which Maude Ballou came to receive as an employee of King may not qualify as gifts.&nbsp; The Judge has not yet ruled on the dismissal request.</p><p style="background-image: initial; background-attachment: initial; background-origin: initial; background-clip: initial; background-color: rgb(249, 249, 246); border-style: initial; border-color: initial; margin-bottom: 17px; vertical-align: baseline; font-family: Georgia, Palatino, 'Palatino Linotype', Times, 'Times New Roman', serif; font-size: 14px; line-height: 21px; -webkit-text-size-adjust: none; ">Ultimately, it all comes down to what Reverend King intended when he gave the documents to Maude Ballou. &nbsp;Did he want her to hold onto them as an employee, or keep them as gifts? &nbsp;Obviously, no one really knows, making this lawsuit a difficult one.</p><p style="background-image: initial; background-attachment: initial; background-origin: initial; background-clip: initial; background-color: rgb(249, 249, 246); border-style: initial; border-color: initial; margin-bottom: 17px; vertical-align: baseline; font-family: Georgia, Palatino, 'Palatino Linotype', Times, 'Times New Roman', serif; font-size: 14px; line-height: 21px; -webkit-text-size-adjust: none; ">That is the nature of lawsuits involving gifts and verbal promises. &nbsp;They happen to families of all different means, especially when those who passed away failed to make their intent clear in a will or trust.</p><p style="background-image: initial; background-attachment: initial; background-origin: initial; background-clip: initial; background-color: rgb(249, 249, 246); border-style: initial; border-color: initial; margin-bottom: 17px; vertical-align: baseline; font-family: Georgia, Palatino, 'Palatino Linotype', Times, 'Times New Roman', serif; font-size: 14px; line-height: 21px; -webkit-text-size-adjust: none; ">King could have clarified his intent rather easily by creating even a simple will. Because he didn't, the result is an expensive lawsuit where no one really knows what he intended ... although Maude swears under oath that the documents were gifts to her and remained as personal belongings to her family ever since.</p><p style="background-image: initial; background-attachment: initial; background-origin: initial; background-clip: initial; background-color: rgb(249, 249, 246); border-style: initial; border-color: initial; margin-bottom: 17px; vertical-align: baseline; font-family: Georgia, Palatino, 'Palatino Linotype', Times, 'Times New Roman', serif; font-size: 14px; line-height: 21px; -webkit-text-size-adjust: none; ">In our&nbsp;<a href="http://www.probatelitigationmi.com/" target="_blank" style="background-image: initial; background-attachment: initial; background-origin: initial; background-clip: initial; background-color: transparent; border-top-width: 0px; border-right-width: 0px; border-bottom-width: 0px; border-left-width: 0px; border-style: initial; border-color: initial; border-image: initial; margin-top: 0px; margin-right: 0px; margin-bottom: 0px; margin-left: 0px; padding-top: 0px; padding-right: 0px; padding-bottom: 0px; padding-left: 0px; vertical-align: baseline; color: rgb(100, 33, 9); background-position: initial initial; background-repeat: initial initial; ">law practice</a>, we see fights over personal property such as jewelry, artwork, furniture, and even Christmas ornaments and family pictures. &nbsp;It's sadly too common, especially considering how easy it is to prevent court battles like this one.</p><p style="background-image: initial; background-attachment: initial; background-origin: initial; background-clip: initial; background-color: rgb(249, 249, 246); border-style: initial; border-color: initial; margin-bottom: 17px; vertical-align: baseline; font-family: Georgia, Palatino, 'Palatino Linotype', Times, 'Times New Roman', serif; font-size: 14px; line-height: 21px; -webkit-text-size-adjust: none; ">That's why everyone should clearly document their intentions in a will or trust, with the help of an experienced&nbsp;<a href="http://trialandheirs.com/" style="background-image: initial; background-attachment: initial; background-origin: initial; background-clip: initial; background-color: transparent; border-top-width: 0px; border-right-width: 0px; border-bottom-width: 0px; border-left-width: 0px; border-style: initial; border-color: initial; border-image: initial; margin-top: 0px; margin-right: 0px; margin-bottom: 0px; margin-left: 0px; padding-top: 0px; padding-right: 0px; padding-bottom: 0px; padding-left: 0px; vertical-align: baseline; color: rgb(100, 33, 9); background-position: initial initial; background-repeat: initial initial; ">estate planning</a>&nbsp;attorney.</p><p style="background-image: initial; background-attachment: initial; background-origin: initial; background-clip: initial; background-color: rgb(249, 249, 246); border-style: initial; border-color: initial; margin-bottom: 17px; vertical-align: baseline; font-family: Georgia, Palatino, 'Palatino Linotype', Times, 'Times New Roman', serif; font-size: 14px; line-height: 21px; -webkit-text-size-adjust: none; "><em style="background-image: initial; background-attachment: initial; background-origin: initial; background-clip: initial; background-color: transparent; border-top-width: 0px; border-right-width: 0px; border-bottom-width: 0px; border-left-width: 0px; border-style: initial; border-color: initial; border-image: initial; margin-top: 0px; margin-right: 0px; margin-bottom: 0px; margin-left: 0px; padding-top: 0px; padding-right: 0px; padding-bottom: 0px; padding-left: 0px; vertical-align: baseline; ">By&nbsp;<a href="http://blogs.forbes.com/trialandheirs/" style="background-image: initial; background-attachment: initial; background-origin: initial; background-clip: initial; background-color: transparent; border-top-width: 0px; border-right-width: 0px; border-bottom-width: 0px; border-left-width: 0px; border-style: initial; border-color: initial; border-image: initial; margin-top: 0px; margin-right: 0px; margin-bottom: 0px; margin-left: 0px; padding-top: 0px; padding-right: 0px; padding-bottom: 0px; padding-left: 0px; vertical-align: baseline; color: rgb(100, 33, 9); background-position: initial initial; background-repeat: initial initial; ">Danielle and Andy Mayoras</a>, co-authors of&nbsp;<a title="Trial &amp; Heirs:  Famous Fortune Fights!" href="http://www.trialandheirs.com/book" style="background-image: initial; background-attachment: initial; background-origin: initial; background-clip: initial; background-color: transparent; border-top-width: 0px; border-right-width: 0px; border-bottom-width: 0px; border-left-width: 0px; border-style: initial; border-color: initial; border-image: initial; margin-top: 0px; margin-right: 0px; margin-bottom: 0px; margin-left: 0px; padding-top: 0px; padding-right: 0px; padding-bottom: 0px; padding-left: 0px; vertical-align: baseline; color: rgb(100, 33, 9); background-position: initial initial; background-repeat: initial initial; ">Trial &amp; Heirs: Famous Fortune Fights!</a>, husband-and-wife legacy expert attorneys, and hosts of the national television special,&nbsp;<a title="Trial &amp; Heirs:  Protect Your Family Fortune" href="http://www.trialandheirs.com/tv-special" style="background-image: initial; background-attachment: initial; background-origin: initial; background-clip: initial; background-color: transparent; border-top-width: 0px; border-right-width: 0px; border-bottom-width: 0px; border-left-width: 0px; border-style: initial; border-color: initial; border-image: initial; margin-top: 0px; margin-right: 0px; margin-bottom: 0px; margin-left: 0px; padding-top: 0px; padding-right: 0px; padding-bottom: 0px; padding-left: 0px; vertical-align: baseline; color: rgb(100, 33, 9); background-position: initial initial; background-repeat: initial initial; ">Trial &amp; Heirs: &nbsp;Protect Your Family Fortune!</a></em><em style="background-image: initial; background-attachment: initial; background-origin: initial; background-clip: initial; background-color: transparent; border-top-width: 0px; border-right-width: 0px; border-bottom-width: 0px; border-left-width: 0px; border-style: initial; border-color: initial; border-image: initial; margin-top: 0px; margin-right: 0px; margin-bottom: 0px; margin-left: 0px; padding-top: 0px; padding-right: 0px; padding-bottom: 0px; padding-left: 0px; vertical-align: baseline; ">&nbsp;</em><em style="background-image: initial; background-attachment: initial; background-origin: initial; background-clip: initial; background-color: transparent; border-top-width: 0px; border-right-width: 0px; border-bottom-width: 0px; border-left-width: 0px; border-style: initial; border-color: initial; border-image: initial; margin-top: 0px; margin-right: 0px; margin-bottom: 0px; margin-left: 0px; padding-top: 0px; padding-right: 0px; padding-bottom: 0px; padding-left: 0px; vertical-align: baseline; ">For the latest celebrity and high-profile cases, with tips to protect yourself, your loved ones, and your clients, click here to subscribe to&nbsp;<a title="Danielle and Andy Mayoras of Trial &amp; Heirs" href="http://www.trialandheirs.com/" style="background-image: initial; background-attachment: initial; background-origin: initial; background-clip: initial; background-color: transparent; border-top-width: 0px; border-right-width: 0px; border-bottom-width: 0px; border-left-width: 0px; border-style: initial; border-color: initial; border-image: initial; margin-top: 0px; margin-right: 0px; margin-bottom: 0px; margin-left: 0px; padding-top: 0px; padding-right: 0px; padding-bottom: 0px; padding-left: 0px; vertical-align: baseline; color: rgb(100, 33, 9); background-position: initial initial; background-repeat: initial initial; ">The Trial &amp; Heirs Update</a>. &nbsp;You can&nbsp;<a href="https://www.facebook.com/trialandheirs" style="background-image: initial; background-attachment: initial; background-origin: initial; background-clip: initial; background-color: transparent; border-top-width: 0px; border-right-width: 0px; border-bottom-width: 0px; border-left-width: 0px; border-style: initial; border-color: initial; border-image: initial; margin-top: 0px; margin-right: 0px; margin-bottom: 0px; margin-left: 0px; padding-top: 0px; padding-right: 0px; padding-bottom: 0px; padding-left: 0px; vertical-align: baseline; color: rgb(100, 33, 9); background-position: initial initial; background-repeat: initial initial; ">"like" them on Facebook</a></em><em style="background-image: initial; background-attachment: initial; background-origin: initial; background-clip: initial; background-color: transparent; border-top-width: 0px; border-right-width: 0px; border-bottom-width: 0px; border-left-width: 0px; border-style: initial; border-color: initial; border-image: initial; margin-top: 0px; margin-right: 0px; margin-bottom: 0px; margin-left: 0px; padding-top: 0px; padding-right: 0px; padding-bottom: 0px; padding-left: 0px; vertical-align: baseline; ">&nbsp;</em><em style="background-image: initial; background-attachment: initial; background-origin: initial; background-clip: initial; background-color: transparent; border-top-width: 0px; border-right-width: 0px; border-bottom-width: 0px; border-left-width: 0px; border-style: initial; border-color: initial; border-image: initial; margin-top: 0px; margin-right: 0px; margin-bottom: 0px; margin-left: 0px; padding-top: 0px; padding-right: 0px; padding-bottom: 0px; padding-left: 0px; vertical-align: baseline; ">and&nbsp;<a href="http://twitter.com/#%21/TrialAndHeirs" style="background-image: initial; background-attachment: initial; background-origin: initial; background-clip: initial; background-color: transparent; border-top-width: 0px; border-right-width: 0px; border-bottom-width: 0px; border-left-width: 0px; border-style: initial; border-color: initial; border-image: initial; margin-top: 0px; margin-right: 0px; margin-bottom: 0px; margin-left: 0px; padding-top: 0px; padding-right: 0px; padding-bottom: 0px; padding-left: 0px; vertical-align: baseline; color: rgb(100, 33, 9); background-position: initial initial; background-repeat: initial initial; ">follow them on Twitter</a>.</em></p> ]]>
        
    </content>
</entry>

<entry>
    <title>Are Bob Marley&apos;s Heirs Destroying His Legacy?</title>
    <link rel="alternate" type="text/html" href="http://www.bullypulpit.com/andrewanddaniellemayoras/2011/12/are-bob-marleys-heirs-destroying-his-legacy.html" />
    <id>tag:www.bullypulpit.com,2011:/andrewanddaniellemayoras//68.3956</id>

    <published>2011-12-06T16:37:17Z</published>
    <updated>2011-12-23T16:37:59Z</updated>

    <summary><![CDATA[ While being widely loved for spreading reggae music throughout the world, Bob Marley stood for more than just music. His songs&nbsp;promoted&nbsp;freedom for poor and oppressed people throughout the world, social equality, and justice. &nbsp;Marley even won the 1978 United...]]></summary>
    <author>
        <name>Andrew &amp; Danielle Mayoras</name>
        <uri>http://www.trialandheirs.com</uri>
    </author>
    
    <category term="bobmarley" label="Bob Marley" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="estatebattles" label="Estate Battles" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="estateplanning" label="Estate Planning" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="willsandtrusts" label="wills and trusts" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.bullypulpit.com/andrewanddaniellemayoras/">
        <![CDATA[<div class="entry-content">
						<p>While being widely loved for spreading reggae music throughout 
the  world, Bob Marley stood for more than just music. His  
songs&nbsp;promoted&nbsp;freedom for poor and oppressed people throughout the  
world, social equality, and justice. &nbsp;Marley even won the 1978 United  
Nations Medal of Peace.</p>
<div id="attachment_2327" class="wp-caption alignright" style="width: 306px"><a href="http://blog.trialandheirs.com/wp-content/uploads/Bob_Marley__The_Wailers.jpg"><img class="size-medium wp-image-2327" title="Bob_Marley_&amp;_The_Wailers" src="http://blog.trialandheirs.com/wp-content/uploads/Bob_Marley__The_Wailers-296x300.jpg" alt="" width="296" height="300" /></a><p class="wp-caption-text">Image from Wikipedia</p></div>
<p>Sadly, events surrounding his estate have been anything but  
consistent with his musical legacy. &nbsp;2011 marked the 30-year anniversary
  of the day Marley died of cancer, at the age of 36, on May 11, 1981.  
&nbsp;In those 30 years, his estate has seen far too many court fights,  
lawsuits and money-grabs to count. &nbsp;And that legacy of fighting over  
money doesn't seem likely to end any time soon.</p>
<p>Just last week, a corporation owned by his widow, Rita Marley, and  
his nine children, sued Richard Booker and two corporations he owned.  
Who is Richard Booker? &nbsp;Bob Marley's half-brother. &nbsp;Among  
other&nbsp;Jamaica-based business ventures, Booker operates musical festivals
  and a company which gives tours of the village where Marley was born  
and is now buried.</p>
<p>These lyrics from Marley's song, <em>Guiltiness</em>, from the famed <em>Exodus</em> album are particularly appropriate:</p>
<blockquote><p>These are the big fish<br />
Who always try to eat down the small fish,<br />
Just the small fish.<br />
I tell you what: they would do anything<br />
To materialize their every wish.</p></blockquote>
<p>Indeed, fish are at the heart of this legal dispute. &nbsp;One of the  
primary targets is Booker's effort to trademark the term "Mama Marley"  
for use in marketing a series of good and services. &nbsp;What goods and  
services? &nbsp;The lawsuit identifies them as being, "fish; fish and chips; 
 fish cakes; fish croquettes; fish fillets; fish mousse; fish sausages 
..."  &nbsp;Well, you get the idea (not that we have any idea of what a "fish  
sausage" is).</p>
<p>This fishy family fight is only the most recent in a very long list  
of legal battles involving Marley's wife and children, as they  
aggressively control commercial uses of Marley's image, name, lyrics,  
and almost everything else associated with the&nbsp;man who rose humbly from 
 very-poor roots in Jamaica to be one of the most well-respected  
musicians of all time.</p>
<p>Marley was said to be worth about $30 million when he died. &nbsp;He was  
far from naive about his finances, having set up a number of  
corporations to manage his assets. &nbsp;The problem was that Bob Marley  
never had a will, even though he knew he was dying of cancer for at  
least a year before he passed.</p>
<p>Why not? &nbsp;Reportedly, Marley's Rastafarian faith prohibited him from 
 recognizing his mortality, and therefore, from creating a will. &nbsp;That  
meant his assets would pass under Jamaican intestate law when he died.</p>
<p>Those laws were not as favorable to his widow, Rita Marley, and some 
 would have liked. &nbsp;Under&nbsp;Jamaican laws, she stood to receive 10% of his
  assets, plus the use of another 45% throughout her life. &nbsp;The balance 
 would pass onto his numerous children (about 11, although that number 
is  subject to some debate). &nbsp;Several of the kids were born to Rita, but
  others were not.</p>
<p>A pair of Marley's closest advisors -- his attorney and his accountant -- decided to help craft an estate plan <em>after</em> Marley died. &nbsp;There's a big problem with this approach ... there is no legal way to accomplish this.</p>
<p>Instead of allowing the assets to pass under Jamaican law, the duo  
convinced Marley's widow, Rita Marley, to forge his name to a series of 
 documents, and predate them to before he died. &nbsp;This was done to  
transfer control of the large majority of Marley's corporate holdings,  
along with much of his royalty rights and money, to herself.</p>
<p>One of Marley's former managers uncovered the scheme, which led to a 
 series of long legal battles. &nbsp;In the end, the attorney and accountant 
 were found guilty of a RICO conspiracy (meaning an illegal and criminal
  organization), fraud, and other wrongdoing, to the tune of about $6  
million. &nbsp;Rita Marley&nbsp;eventually&nbsp;confessed to the scheme and said she  
merely acted on the attorney's advice. &nbsp;She was removed from control of 
 the estate as one of the administrators.</p>
<p>So why is Rita Marley able to fight with Marley's brother after her  
role in this fraudulent scheme? &nbsp;In the early 90′s, the Jamaican Supreme
  Court determined that the exclusive right to use Marley's name,  
likeness and image for&nbsp;commercial&nbsp;purposes would pass onto his heirs.  
&nbsp;So she and all of Marley's children did indeed end up with the rights  
to profit from -- and sue &nbsp;to stop others from&nbsp;profiting&nbsp;from -- Bob  
Marley's name, likeness and image.</p>
<p>Which gets us back to the fishy feud. &nbsp;Does this right extend not  
only to the name "Bob Marley", but "Mama Marley" as well? &nbsp;The lawsuit  
claims that the family uses the Marley name for restaurant services,  
food and beverages, hotel and spa services, and of course, music,  
entertainment and merchandise. &nbsp;They don't want Marley's brother to do  
anything that might interfere with their commercial endeavors.</p>
<p>The family also doesn't want brother Booker to use the Bob Marley  
name to hold music festivals (which he's done for almost 20 years).  
&nbsp;This is particularly interesting because the Bob Marley music festival 
 is scheduled to feature three of Marley's children as performers ... even
  though they are three of the children who own the corporation that 
filed  the lawsuit.</p>
<p>Before this new lawsuit, there have been dozens of other lawsuits  
involving the use of the Bob Marley image, name and lyrics. &nbsp;  
Apparently, there have been too many fish swimming around the Marley  
pond for comfort.</p>
<p>Is this the legacy that Bob Marley would have wanted? &nbsp;We don't know.
  Maybe he would have approved of his wife and children suing others to 
 stop them from profiting from his hard work. &nbsp;Or maybe, he would have  
wanted all that he built over his career to benefit as many people as  
possible.&nbsp; He did, after all, believe in the Rastafarian notions of  
equality and rejection of the modern western world due to the  
corruption.</p>
<p>In the end, it wasn't up to Marley though, because he didn't create a
  will. This simple fact opened his estate to the corruption -- by his  
former attorney and accountant -- and years of expensive lawsuits and  
related legal proceedings. &nbsp;It also meant that Bob Marley had no say  
over who managed his estate or legacy after he died.</p>
<p>It's a good lesson for everyone. &nbsp;Too many people suffer from poor or
  non-existent estate planning. &nbsp;Studies show that as many as two-thirds
  of adult Americans don't even have a will. &nbsp;With the lack of good 
estate  planning, the chances of a family fight over inheritances are  
dramatically increased.</p>
<p>For Marley, not doing <a href="http://www.trialandheirs.com/" target="_blank">estate planning</a> was a conscious choice. &nbsp;For many others, it's one of avoidance, procrastination, and naïveté.</p>
<p>Stories like this one serve as compelling reminders why estate  
planning is important for everyone with assets, of any amount. &nbsp;Estate  
fights are not limited to the wealthy and elite -- far from it.</p>
<p>But it's stories of the&nbsp;<a href="http://www.trialandheirs.com/book" target="_blank">celebrity estate errors</a> and the dramatic fights they cause that can help you convince others to not make the same mistakes.</p>
<p><em>By&nbsp;Danielle and Andy Mayoras, co-authors of&nbsp;<a title="Trial &amp; Heirs:  Famous Fortune Fights!" href="http://www.trialandheirs.com/book">Trial &amp; Heirs: Famous Fortune Fights!</a>, husband-and-wife legacy expert attorneys, and hosts of the national television special,&nbsp;<a title="Trial &amp; Heirs:  Protect Your Family Fortune" href="http://www.trialandheirs.com/tv-special">Trial &amp; Heirs: &nbsp;Protect Your Family Fortune!</a></em><em> </em><em>For
  the latest celebrity and high-profile cases, with tips to protect  
yourself, your loved ones, and your clients, click here to subscribe to&nbsp;<a title="Danielle and Andy Mayoras of Trial &amp; Heirs" href="http://www.trialandheirs.com/">The Trial &amp; Heirs Update</a>. &nbsp;You can&nbsp;<a href="https://www.facebook.com/trialandheirs">"like" them on Facebook</a> and&nbsp;<a href="http://twitter.com/#%21/TrialAndHeirs">follow them on Twitter</a>.</em></p>
											</div> ]]>
        
    </content>
</entry>

<entry>
    <title>Trial &amp; Heirs: Protect Your Family Fortune! Select Broadcast Schedule</title>
    <link rel="alternate" type="text/html" href="http://www.bullypulpit.com/andrewanddaniellemayoras/2011/11/trial-heirs-protect-your-family-fortune-select-broadcast-schedule.html" />
    <id>tag:www.bullypulpit.com,2011:/andrewanddaniellemayoras//68.3835</id>

    <published>2011-11-30T15:47:22Z</published>
    <updated>2011-11-30T15:48:36Z</updated>

    <summary>While there too many broadcasts of our TV show to list them all, here are the major city PBS affiliates which are airing it with select air times (all times are as of the time zone of that city). Check...</summary>
    <author>
        <name>Andrew &amp; Danielle Mayoras</name>
        <uri>http://www.trialandheirs.com</uri>
    </author>
    
    <category term="andrewanddanielle" label="Andrew and Danielle" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="celebrities" label="Celebrities" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="estateplanning" label="Estate Planning" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="pbsshow" label="PBS Show" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="trialheirsthebook" label="Trial &amp; Heirs: The Book" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.bullypulpit.com/andrewanddaniellemayoras/">
        <![CDATA[<p>While there too many broadcasts of our TV show to list them all, here are the major city PBS affiliates <a href="http://blog.trialandheirs.com/wp-content/uploads/PBS-tv-special-sidebar.jpg"><img class="alignright size-medium wp-image-2281" title="PBS tv-special-sidebar" src="http://blog.trialandheirs.com/wp-content/uploads/PBS-tv-special-sidebar-175x300.jpg" alt="" width="175" height="300" /></a>which are airing it with select air times (all times are as of the time zone of that city).</p>
<p>Check your local listings or with your local PBS affiliate for more 
information.&nbsp; There are quite a number of other areas broadcasting the 
show too:</p>
<p><strong>Amarillo </strong>(KENWDT2) - 12/6 @ 8:30 p.m.</p>
<p><strong>Atlanta </strong>(WPBADT) - 11/16 @ 9:30 a.m., 11/27 @ 11:30 p.m., 12/1 @ 1:30 a.m., 12/6 at 3:00 a.m., 12/8 at 3:30 a.m.</p>
<p><strong>Biloxi - Gulfport </strong><strong> </strong>(WMAHDT2 &amp; WMAHDT) - 11/27 @ 2:00 p.m., 11/28 @ 8:30 p.M., 12/5 @ 9:00 p.m.</p>
<p><strong>Bluefield - Beckley </strong>(WSWPD, WSWPDT3, WVPBS1, &amp; WVPBSDT) - 12/15 @8:00 p.m., 12/16 @ 12:00 a.m.<span style="font-size: 10.0pt; line-height: 115%; font-family: &quot;Khmer UI&quot;; mso-fareast-font-family: &quot;Times New Roman&quot;; mso-bidi-font-family: &quot;Times New Roman&quot;; mso-ansi-language: EN-US; mso-fareast-language: EN-US; mso-bidi-language: AR-SA;"> </span></p>
<p><strong>Boston </strong>- awaiting specific air dates and times</p>
<p><strong>Champaign</strong> (WILLDT &amp; WILLDT3) - 11/27/2011 @2:00 p.m, 11/30 @ 1:00 p.m., 12/2 @1:30 a.m., 12/3 @ 6:30p.m., 12/6 @ 9:30 p.m.</p>
<p><strong>Charleston, WV </strong>(WPBYDT &amp; WPBYDT3) - 12/15 @8:00 p.m., 12/16 @ 12:00 a.m.</p>
<p><strong>Clarksburg - Weston</strong> (WNPBDT3 &amp; WNPBDT) - 12/15 @ 8:00 p.m., 12/16 @ 12:00 a.m.</p>
<p><strong>Colorado Springs </strong>(K32EO) - 12/6 @ 7:00 p.m., 12/6 @ 11:00p.m., 12/7 @ 7:30 a.m., 12/8 @ 4:00 a.m., 12/10 @ 10:30 a.m., 12/11 @ 4:30 a.m.</p>
<p><strong>Columbus - Tupelo </strong>(WMABDT, WMAEDT2, WMABDT2, WMAEDT) - 11/27 @ 2:00 p.m., 11/28 @ 8:30 p.m., 12/5 @ 9:00 p.m.</p>
<p><strong>Corpus Christi </strong>(KEDTDT) - 12/3 @3:30 p.m., 12/11 @ 12:00 p.m.</p>
<p><strong>Denver </strong>(KBDIDT) - 12/6 @ 7:00 p.m. &amp; 11:00 p.m., 12/7 @ 7:30 a.m., 12/10 at 10:30 a.m.</p>
<p><strong>Detroit </strong>(WTVSDT) -11/27 @ 2:00 p.m., 12/2 @ 3 p.m., 12/9 @ 2:00 p.m.</p>
<p><strong>Evansville</strong> (WNINDT) - 12/3 @ 4:00 p.m.</p>
<p><strong>Fargo - Valley City</strong> (KFMEDT, KJREDT, KCGEDT &amp; KMDEDT) - 12/10 @ 3:00 p.m.</p>
<p><strong>Flint - Saginaw </strong>(WDCPDT, WDCQDT3) - 12/3 @ 4:30 p.m., 12/5 @ 12:30 p.m., 12/11 @ 12:00 p.m.</p>
<p><strong>Ft. Myers - Naples </strong>(WGCUDT) - 12/2 @ 12:00 p.m.</p>
<p><strong>Greenwood - Greenville </strong>(WMAODT2, WMAODT) - 11/27 @ 2:00 p.m., 11/28 @ 8:30 p.m., 12/5 @ 9:00 p.m.</p>

<p><strong>Jackson, MS </strong>(WMAUDT2 , WMAVDT2, WMPNDT2, WMAUDT, WMAVDT &amp; WMPNDT) - 11/27 @ 2:00 p.m., 11/28 @ 8:30 p.m., 12/5 @ 9:00 p.m.</p>
<p><strong>Lansing </strong>(WKARDT4) - 12/9 @ 12:00 p.m.</p>
<p><strong>Los Angeles</strong> (KVCRDT &amp; KVCRDT3)- 12/8 @ 8 p.m., 12/9 @ 8 p.m., 12/10 @ 1 a.m.</p>
<p><strong>Medford</strong> (KFTSDT, KFTSDT2 &amp; KSYSDT) - 12/3 @11:30 a.m.</p>
<p><strong>Meridian </strong>(WMAWDT2, WMAWDT) - 11/27 @ 2:00 p.m., 11/28 @ 8:30 p.m., 12/8 @ 9:00 p.m.</p>
<p><strong>Milwaukee </strong>(WMVSDT) - 12/3 @ 12:30 p.m.</p>
<p><strong>Minneapolis</strong> (KAWBDT, KAWBDT2, KAWBDT5, KAWEDT,&nbsp; 
KAWEDT2, &amp; KAWEDT5)&nbsp; - 12/4 @ 2 p.m.,&nbsp; 12/5 at 8:30 p.m., 12/6 @ 
4:30 p.m.,&nbsp; 12/9 at 12:00 a.m.</p>
<p><strong>Minot-Bismarck </strong>(KBMEDT, KDSEDT, KSREDT &amp; KWSEDT) - 12/10 @ 3:00p.m.</p>
<p><strong>Nashville</strong> (WCTEDT) - 12/4 @ 10:30 p.m.</p>
<p><strong>Norfolk</strong> (WHRODT) - 12/4 @1:00 p.m., 12/5 @ 4:30 a.m.</p>
<p><strong>Sacramento</strong> (KVIEDT &amp; KVIEDT2) - 11/26 @ 12:30 p.m., 11/27 @ 10 p.m., 12/2 @ 10:30 p.m., 12/4 @ 4:30 p.m.</p>
<p><strong>Salt Lake City</strong> (KUEDDT, KUEWDT, KUES &amp; KUESDT) - 11/27 @ 10:30 a.m. (all four stations)</p>
<p><strong>San Diego</strong> (KPBSDT)- 12/7 @ 8 p.m., 12/8 @ 2:30 a.m.</p>
<p><strong>San Francisco</strong> (KRCBDT) - 12/10 @ 7:30 p.m.</p>
<p><strong>Spokane</strong> (KSPSDT) 11/27 @ 4:30 p.m., 12/3 @ 3:00 p.m.</p>
<p><strong>Waco-Temple-Bryan </strong>(KNCTDT) - 11/26 @12:30 p.m., 12/4 @ 3:00 p.m.</p>
<p><strong>Watertown </strong>(WNPIDT &amp; WPBSDT) - 12/3 @ 3:30 p.m.</p>
<p><strong>West Palm</strong> (WXELDT) - 11/26 @ 10:00 a.m., 11/27 @ 11:30 a.m.</p>
<p><strong>Wichita </strong>(KPTSDT, KPTSDT3) - 12/4 @10:00 a.m., 12:00 p.m., 12/6 @ 10:30 p.m.</p>
<p><strong>Yakima </strong>(KTNWDT) - 12/4 @ 4:30 p.m.</p> ]]>
        
    </content>
</entry>

<entry>
    <title>Mysteries Surround the $400 Million Estate of Huguette Clark</title>
    <link rel="alternate" type="text/html" href="http://www.bullypulpit.com/andrewanddaniellemayoras/2011/11/mysteries-surround-the-400-million-estate-of-huguette-clark.html" />
    <id>tag:www.bullypulpit.com,2011:/andrewanddaniellemayoras//68.3834</id>

    <published>2011-11-29T13:52:20Z</published>
    <updated>2011-11-30T13:53:51Z</updated>

    <summary><![CDATA[ Huguette Clark was a mysterious and reclusive New York multi-millionairess who passed away on May 24, 2011, a mere two weeks short of her 105th birthday.&nbsp; Clark was the daughter, and only surviving child, of William Andrews Clark, who...]]></summary>
    <author>
        <name>Andrew &amp; Danielle Mayoras</name>
        <uri>http://www.trialandheirs.com</uri>
    </author>
    
    <category term="estateplanning" label="Estate Planning" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="familyfortunes" label="family fortunes" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="huguetteclark" label="Huguette Clark" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="mentalincompetency" label="mental incompetency" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="undueinfluence" label="undue influence" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="willsandtrusts" label="wills and trusts" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="willscontests" label="wills contests" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.bullypulpit.com/andrewanddaniellemayoras/">
        <![CDATA[<div class="entry-content">
						<p>Huguette Clark was a mysterious and reclusive <a href="http://www.forbes.com/places/ny/new-york/">New York</a> multi-millionairess who passed away on May 24, 2011, a mere two weeks short of her 105th birthday.&nbsp; <a href="http://blog.trialandheirs.com/wp-content/uploads/Huguette.jpg"><img class="alignright size-full wp-image-2286" title="Huguette" src="http://blog.trialandheirs.com/wp-content/uploads/Huguette.jpg" alt="" width="225" height="300" /></a></p>
<p>Clark was the daughter, and only surviving child, of William Andrews 
Clark, who died in 1925 and was believed to be one of the richest 
Americans at the time.&nbsp; He built his wealth through copper mining and 
served as a senator of Montana. &nbsp;For many years, his daughter was 
thought to have died long ago.&nbsp; Indeed, Huguette Clark hadn't been seen 
in the Fifth Avenue apartment that she lived in (and still owned when 
she died) in 22 years.</p>
<p>Where was she all that time? &nbsp;Living in a hospital room, even though 
she was in good health when she moved there in the late 1980s. &nbsp;Watched 
over by a private nurse, her attorney, and an accountant -- who was a 
convicted sex offender -- Clark was said to have considered her 
collection of dolls to be her closest companions. &nbsp;She was isolated from
 her family members, and the <a href="http://www.forbes.com/places/ks/manhattan/">Manhattan</a>
 district attorney's office has spent months in a lengthy criminal 
investigation over how her attorney, Wallace Bock, and accountant, 
Irving Kamsler, managed her vast fortune.</p>
<p>That duo says that she didn't want to see her family members -- all of
 whom were distant -- and that they merely followed her wishes. &nbsp;They 
deny any wrongdoing.</p>
<p>And perhaps they're right. &nbsp;Relying on reports of the criminal 
investigation, some of her relatives filed a court proceeding last year,
 asking for an independent guardian to be appointed to protect Clark. 
&nbsp;The judge quickly dismissed the case and found it to be based on 
nothing but "speculative assertions."</p>
<p>Now that she has passed away, who stands to inherit her $400 million? &nbsp;<a href="http://www.msnbc.msn.com/id/38810137/" target="_blank">MSNBC.com</a>,
 which has been reporting about Huguette Clark for more than a year, 
reports that most of her wealth is earmarked to pass to an art 
foundation that her will created. &nbsp;Her collection of art, rare books, 
and musical instruments from her Fifth Avenue apartment and her 
oceanside <a href="http://www.forbes.com/places/ca/santa-barbara/">Santa Barbara</a>,
 California home, will go to the new foundation under the terms of her 
will. &nbsp;Her Santa   Barbara home will house the foundation.</p>
<p>Clark's will left the rest of her fortune to her&nbsp;long-time nurse, 
Hadassah Peri, and various other individuals, including her attorney and
 accountant who each stand to receive $500,000 each (despite their 
criminal troubles), not to mention potential millions more as executor 
fees and as directors of the new art foundation. &nbsp;The will also leaves 
$1 million to the hospital in New York that Clark called home, and a 
rare Monet painting (said to be worth around $25 million) goes to an art
 museum in <a href="http://www.forbes.com/places/dc/washington/">Washington</a>, D.C.</p>
<p>You can read her April 2005 will, signed when she was 98 years old, <a href="http://msnbcmedia.msn.com/i/msnbc/Sections/NEWS/huguette_clark_will_from_msnbc.com.pdf" target="_blank">here</a>.
 &nbsp;Reportedly, this was signed around the same point that Clark's 
attorney cut off contact with her family members. &nbsp;The will specifically
 leaves them nothing, noting that Clark only had "minimal contacts" with
 them over the years.</p>
<p>Interestingly, the attorney who prepared and oversaw the signing of 
the will works for the same law firm in which Clark's attorney, Wally 
Bock, is a named partner. &nbsp;Bock is the attorney who, along with the 
accountant, Kamsler, is still being investigated for how they managed 
Clark's fortune. &nbsp;This is especially curious considering that the 
attorney named as having supervised the will, Lewis Siegel, is listed on
 the firm's website as practicing commercial and bankruptcy law, with no
 mention of estate planning.</p>
<p>Normally an estate planning attorney would at the very least draft a revocable <a href="http://www.trialandheirs.com/book" target="_blank">living trust</a>
 for someone with this amount of wealth, rather than relying on a simple
 will as was done in this case. &nbsp;Additionally, many experienced estate 
planning attorneys would not prepare a will that named a law partner as a
 beneficiary, due to a potential conflict of interest.</p>
<p>But why the will was created in this fashion is only one of the 
questions surrounding the estate. &nbsp;The big mysteries involve how much of
 Clark's money was spent. &nbsp;<a href="http://openchannel.msnbc.msn.com/_news/2011/11/19/8905755-the-1-percent-of-the-1-percent-how-huguette-clarks-millions-were-spent" target="_blank">MSNBC.com reports</a>
 that Bock and Kamsler spent $170 million on behalf of Clark over the 
last 15 years of her life, when she never left her hospital room. &nbsp;That 
works out to $1 million per month, give or take.</p>
<p>The sum includes $3 million spent on dolls and about $2 million on 
the attorney's favorite charity. &nbsp;There was even $1.85 million paid to 
an Israeli settlement in which Bock's daughter lived. &nbsp;The hospital's 
price tag was nearly $5 million, which would not seem out-of-line for 22
 years of time Clark spent there, except that she was reportedly in good
 health for most of that time.</p>
<p>Not&nbsp;surprisingly, Clark's distant family members are questioning 
everything and have filed to challenge the validity of Clark's will. &nbsp;If
 they win, 21 distant family members will inherit her wealth, instead of
 her art foundation and the other named beneficiaries.</p>
<p>In addition to claiming mental incompetency, the challenge&nbsp;undoubtedly will focus on the allegation of <a href="http://blog.trialandheirs.com/celebrities/tony-curtis-kids-say-he-was-the-victim-of-undue-influence" target="_blank">undue influence</a>.
 &nbsp;That is when a person, or people, uses coercion or other improper 
means to convince someone to leave them assets (such as through a will) 
when the person wouldn't have otherwise done so.</p>
<p>This will be a big question in this case, for several reasons. 
&nbsp;First, the attorney and accountant held power of attorney over Clark. 
&nbsp;Second, there were her odd and isolated living arrangements. 
&nbsp;Finally,&nbsp;Bock and Kamsler&nbsp;were both named as will beneficiaries -- not 
to mention that they stand to receive $16 million or more in executor 
fees (according to the MSNBC.com report). &nbsp;They clearly will not have an
 easy fight on their hands defending themselves and the will.</p>
<p>In New York, as in most states, the law will actually assume undue 
influence existed in certain circumstances. &nbsp;This happens where someone 
had a trusted, confidential relationship with the person in question 
(such as would exist with a power of attorney or an attorney-client 
relationship) and that trusted person benefited from the will, 
especially where the same person or people were somehow involved in the 
will preparation process. While this law varies from state to state, in 
New York, it means that Bock and Kamsler will have to present evidence 
that the will was done without improper influence by them. This is not a
 simple legal hurdle to clear under the circumstances of this case.</p>
<p>The sad part is that if Clark did indeed want to benefit a charitable
 foundation rather than her distant family members, precautions could 
have been taken to protect those wishes. If her will is ultimately 
stricken based on undue influence by her attorney and accountant, then 
none of the wishes in her will would be followed.</p>
<p>This is a valuable lesson, even for those with fortunes of far less 
value than $400 million. Whenever there is a will or trust done under 
circumstances that are questionable or which could lead to a lawsuit 
later, extra care should be used to make sure that the documents are 
done the right way. &nbsp;This can include getting a neutral law firm 
involved, or even videotaping the will or trust execution to show that 
the person really did intend what the document says.</p>
<p>These lawsuits are never fun for anyone, no matter how much is 
involved, so the more care that can be taken to prevent them, the 
better.</p>
<p><strong>Update</strong> --<a href="http://openchannel.msnbc.msn.com/_news/2011/11/28/9067033-a-400-million-twist-huguette-clark-signed-two-wills-one-to-her-family" target="_blank">MSNBC&nbsp;recently posted</a>
 a new court filing by Huguette Clark's family members, which included 
an earlier will dated only six weeks before the April 2005 will.&nbsp; This 
prior will left $5 million to Clark's nurse, Hadassah Peri, and the rest
 to her family members.&nbsp; Interestingly, Wally Bock prepared and 
supervised this prior will, which is as different from the newer will as
 night and day.</p>
<p>Why the sudden change of heart over the course of six weeks?&nbsp; That's 
what Clark's family members are asking.&nbsp; This certainly makes their 
undue influence case that much stronger, and deepens the mysteries that 
will surely be explored through the litigation.&nbsp; This also calls into 
serious question whether Clark did indeed wish to create an art 
foundation, managed by Bock, Kamsler and an additional attorney, as 
spelled out in her most recent will.</p>
<p>Certainly people can and do change their final intentions, even in a 
short time frame, but the circumstances surrounding the two wills is 
very interesting, to say the least.</p>
<p><em>By&nbsp;<a href="http://blogs.forbes.com/trialandheirs/">Danielle and Andy Mayoras</a>, co-authors of&nbsp;<a title="Trial &amp; Heirs:  Famous Fortune Fights!" href="http://www.trialandheirs.com/book">Trial &amp; Heirs: Famous Fortune Fights!</a>, husband-and-wife legacy expert attorneys, and hosts of the national television special,&nbsp;<a title="Trial &amp; Heirs:  Protect Your Family Fortune" href="http://www.trialandheirs.com/tv-special">Trial &amp; Heirs: &nbsp;Protect Your Family Fortune!</a>
 For the latest celebrity and high-profile cases, with tips to protect 
yourself, your loved ones, and your clients, click here to subscribe to&nbsp;<a title="Danielle and Andy Mayoras of Trial &amp; Heirs" href="http://www.trialandheirs.com/">The Trial &amp; Heirs Update</a>. &nbsp;You can&nbsp;<a href="https://www.facebook.com/trialandheirs">"like" them on Facebook</a> and&nbsp;<a href="http://twitter.com/#%21/TrialAndHeirs">follow them on Twitter</a>.</em></p>
											</div> ]]>
        
    </content>
</entry>

<entry>
    <title>Pass the Turkey With a Side of MORE Celebrity Estate Planning Stories</title>
    <link rel="alternate" type="text/html" href="http://www.bullypulpit.com/andrewanddaniellemayoras/2011/11/pass-the-turkey-with-a-side-of-more-celebrity-estate-planning-stories.html" />
    <id>tag:www.bullypulpit.com,2011:/andrewanddaniellemayoras//68.3807</id>

    <published>2011-11-23T14:39:08Z</published>
    <updated>2011-11-23T14:41:42Z</updated>

    <summary><![CDATA[ Did you know that family gatherings during the holidays are a great time to talk about celebrities, such as Whitney Houston, and how they can help your family avoid fighting when someone dies? &nbsp; This is Part 2 of&nbsp;Trial...]]></summary>
    <author>
        <name>Andrew &amp; Danielle Mayoras</name>
        <uri>http://www.trialandheirs.com</uri>
    </author>
    
    <category term="arturogatti" label="Arturo Gatti" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="estateplanning" label="Estate Planning" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="ninawang" label="Nina Wang" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="trustsandestates" label="trusts and estates" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="whitneyhouston" label="whitney houston" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="willsandtrusts" label="wills and trusts" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.bullypulpit.com/andrewanddaniellemayoras/">
        <![CDATA[<div class="entry-content">
						<p>Did you know that family gatherings during the holidays are a 
great time to talk about celebrities, such as Whitney Houston, and how 
they can help your family avoid fighting when someone dies? &nbsp;<a href="http://blog.trialandheirs.com/wp-content/uploads/Whitney_Houston-_Just_Whitney_Cover.jpg"><img class="alignright size-full wp-image-2274" title="Whitney_Houston-_Just_Whitney_Cover" src="http://blog.trialandheirs.com/wp-content/uploads/Whitney_Houston-_Just_Whitney_Cover.jpg" alt="" height="300" width="300" /></a></p>
<p>This is Part 2 of&nbsp;<a href="http://www.trialandheirs.com/" target="_blank">Trial &amp; Heirs'</a> Top 5 Celebrity-Based Estate Planning Conversation Starters for Thanksgiving 2011:</p>
<p>(Did you miss Part 1? &nbsp;<a href="http://blog.trialandheirs.com/celebrities/pass-the-turkey-with-a-side-of-celebrity-estate-planning-stories">Click here</a>.)</p>
<p><strong>3. Whitney Houston</strong></p>
<p>Whitney Houston has been locked in a&nbsp;<a href="http://www.huffingtonpost.com/2010/01/04/whitney-houston-leaves-st_n_410852.html" target="_blank">vicious court battle</a>
 with her step-mother over a $1 million life insurance policy from 
Whitney's father, which named Whitney as the sole beneficiary. 
&nbsp;Whitney's step-mother, Barbara, sued Whitney and claimed the money was 
meant for her, not Whitney. &nbsp;Whitney had lent her father money and held a
 private mortgage over his home, which Barbara received when Whitney's 
father died in 2003. &nbsp;Barbara said the life insurance was meant to repay
 that money and Whitney was supposed to release the mortgage and turn 
the rest of the life insurance money over to Barbara.</p>
<p>So did Whitney agree that the money was to repay the mortgage, 
allowing Barbara to keep the house free and clear? Heck no! &nbsp;She 
counter-sued Barbara, and said the life insurance was meant to repay&nbsp;<em>other</em>
 money she had lent her father. &nbsp;She asked the court to evict Barbara 
and used the counter-suit as a time to point out to the world, in a 
public court record, that Barbara was 40 years younger than Whitney's 
father and met him as a maid cleaning his house.</p>
<p>A federal court judge in New Jersey ruled in favor of Whitney and 
dismissed Barbara's lawsuit. &nbsp;But Barbara appealed, and the United 
States Court of Appeals just heard oral arguments about the case a few 
days ago (just in time for Thanksgiving, in fact). &nbsp;Barbara had some 
written evidence to support her claims.&nbsp; Will the appellate judges agree
 with her that the trial judge wrongly ignored that evidence in throwing
 out her case?</p>
<p>How does this tale relate to your family? &nbsp;When proper estate 
planning is done, life insurance works hand-in-hand with the legal 
documents. It's often smart to name trusts as beneficiaries of life 
insurance policies, and then the owner can clarify in his or her trust 
who is to receive what, and why (among other benefits). &nbsp;That way, 
lawsuits like this one over why someone was named as a&nbsp;beneficiary&nbsp;can 
be avoided.</p>
<p>Do your relatives even know who is named as beneficiaries of their 
life insurance policies? &nbsp;We don't recommend sounding nosy and asking 
if&nbsp;<em>you</em>are named, but you may want to politely suggest that your
 loved ones meet with their financial and legal professionals and make 
sure their beneficiary designations are done properly.</p>
<p><strong>4. Arturo Gatti</strong></p>
<div>
<p>Gatti was a former world-champion boxer who died at the age of 37 in 
2009, under questionable circumstances, to say the least. &nbsp;It was 
officially ruled a suicide, but his family feels that he was killed by 
his wife (although a new investigation in Canada recently found no "hard
 and conclusive" evidence of murder). &nbsp;There's even a wrongful death 
lawsuit that has been filed against&nbsp;the wife, Amanda Rodrigues. 
&nbsp;Officials in Brazil, where he died, initially said that Rodrigues was 
the prime suspect. &nbsp;Her purse strap had his blood, and she reportedly 
was in the room with his body for 10 hours without realizing he was 
dead. &nbsp;<a href="http://blog.trialandheirs.com/wp-content/uploads/Arturo-Gatti.jpg"><img class="alignright size-full wp-image-2275" title="FILE PHOTO - Boxer Arturo Gatti Found Dead" src="http://blog.trialandheirs.com/wp-content/uploads/Arturo-Gatti.jpg" alt="" height="300" width="216" /></a></p>
</div>
<p>So, perhaps it is no surprise that Gatti's mother and brother fought 
Rodrigues over who should inherit Gatti's estate, which has been valued 
at $3.4 million (prior to the legal fees, that is). &nbsp;Gatti's family -- 
who says they want his&nbsp;money to be split between his two children, one 
born to Rodrigues and one from a prior relationship -- seeks to enforce a
 2007 will. &nbsp;Rodrigues thinks the later will, signed three weeks before 
Gatti died, is valid.</p>
<p>A signed copy of the 2007 will, created before the marriage, cannot 
be located. &nbsp;The Gatti family accused Rodrigues of destroying it. &nbsp;They 
also say she used undue influence to coerce Gatti into signing a new 
will, which left everything to Rodrigues.</p>
<p>Recently, the lawsuit culminated in a three-week trial in Canada 
where the couple lived. &nbsp;The Judge is expected to make a decision soon.</p>
<p>The lessons here? &nbsp;Gatti procrastinated updating his will. &nbsp; His 
first will predated his marriage. &nbsp;The new will was done just weeks 
before he passed away, after two years of marriage. &nbsp;By then, there were
 big problems in the relationship which led to questions of whether 
Gatti&nbsp;really intended for Rodrigues to inherit.&nbsp; As with Kim Kardashian,
 all newlyweds should redo their legal documents and not wait.</p>
<p>It's also a lesson to store original wills and other estate planning 
documents in a safety-deposit box, fireproof safe, or other protected 
place, where the executors can locate them. &nbsp;If Gatti really did intend 
for his 2007 will to govern, he should have made sure that the named 
executors knew where to find the original.</p>
<p>Do your loved ones know how to find your will or trust if tragedy 
should strike?&nbsp; If not, the holidays are a great time to have that 
discussion.</p>
<p><strong>5. Nina Wang</strong></p>
<p>The richest woman in Asia died in 2007, with a fortune valued at $13 
billion (in US dollars). &nbsp;She had a will leaving all of her money to 
Tony Chan.&nbsp; Who was that?&nbsp; Why, her feng shui advisor, of course! &nbsp;This 
new will was supposedly signed a few months before she died, at age 69. &nbsp;<a href="http://blog.trialandheirs.com/wp-content/uploads/Nina_Wang-2.jpg"><img class="alignright size-full wp-image-2276" title="Nina Wang" src="http://blog.trialandheirs.com/wp-content/uploads/Nina_Wang-2.jpg" alt="" height="335" width="213" /></a></p>
<div>
<div><span style="font-size: 16px; line-height: 24px;">Wang's prior 
estate planning documents left most of her vast estate to charity (she 
was not married and had no children). &nbsp;Her siblings and others sued to 
challenge Chan and fight the new will, saying it was either forged or 
the product of undue influence. &nbsp;They claimed Chan tricked her into 
signing the will.</span></div>
</div>
<p>Chan said it was all about the love, claiming he and Wang were secret
 lovers for years ... even though he was married to someone else. Wang 
really wanted him to inherit the billions, Chan protested. &nbsp;Sadly for 
Chan,&nbsp;after a trial that lasted for more than four months in 2009, the 
will was found to be a forgery. &nbsp;Chan lost the fortune and was arrested 
for forging the will. &nbsp;He appealed, of course.</p>
<p>Just a few weeks ago, Chan lost his final appeal, when the Hong Kong 
High Court affirmed the decision against Chan. &nbsp;He now faces jail time 
for the forgery, and of course lost out on the loot. &nbsp;Maybe they'll let 
him arrange his jail cell according to the principles of feng shui.</p>
<p>It's a sad reality that many people do try to take advantage of older
 people -- even family members -- to convince them to change a will or 
trust. &nbsp;Especially in these turbulent economic times, exploitation 
involving wills, trusts and estates is all too common. &nbsp;Families should 
be on the lookout, and work with experienced legal and financial 
professionals, to help guard against financial exploitation.</p>
<p>Here's a link to the National Center on Elder Abuse's&nbsp;<a href="http://blog.trialandheirs.com/guardianships/ten-warning-signs-of-financial-exploitation" target="_blank">Ten Warning Signs of Financial Exploitation</a>, which you can use to protect your family over the holidays and throughout the year.</p>
<p>So you now have the stories to get your family talking at the 
Thanksgiving table. &nbsp;You can use them to find out if your loved ones 
have taken care of their wills, trusts, powers of attorney, and 
end-of-life documents. &nbsp;But don't stop there! Have they been updated 
with new life events, like marriages, births and divorces? &nbsp;Does 
everyone have enough life insurance, and have the&nbsp;beneficiaries&nbsp;of their
 insurance policies been coordinated with their estate planning 
documents? &nbsp;For those with trusts, have they used the trusts properly 
and transferred their assets into their trusts?</p>
<p>Not typical dining conversation, we know. &nbsp;But, if it helps save your family from a fight someday, it will be well worth it.</p>
<p>Then the only thing to fight about will be who gets the last drumstick.</p>
<p><em>By&nbsp;<a href="http://blogs.forbes.com/trialandheirs/">Danielle and Andy Mayoras</a>, co-authors of&nbsp;<a title="Trial &amp; Heirs:  Famous Fortune Fights!" href="http://www.trialandheirs.com/book">Trial &amp; Heirs: Famous Fortune Fights!</a>, husband-and-wife legacy expert attorneys, and hosts of the national television special,&nbsp;<a title="Trial &amp; Heirs:  Protect Your Family Fortune" href="http://www.trialandheirs.com/tv-special">Trial &amp; Heirs: &nbsp;Protect Your Family Fortune!</a></em><em> </em><em>For
 the latest celebrity and high-profile cases, with tips to protect 
yourself, your loved ones, and your clients, click here to subscribe to&nbsp;<a title="Danielle and Andy Mayoras of Trial &amp; Heirs" href="http://www.trialandheirs.com/">The Trial &amp; Heirs Update</a>. &nbsp;You can&nbsp;<a href="https://www.facebook.com/trialandheirs">"like" them on Facebook</a> and&nbsp;<a href="http://twitter.com/#%21/TrialAndHeirs">follow them on Twitter</a>.</em></p>
											</div> ]]>
        
    </content>
</entry>

<entry>
    <title>Pass The Turkey With A Side Of Celebrity Estate Planning Stories</title>
    <link rel="alternate" type="text/html" href="http://www.bullypulpit.com/andrewanddaniellemayoras/2011/11/pass-the-turkey-with-a-side-of-celebrity-estate-planning-stories.html" />
    <id>tag:www.bullypulpit.com,2011:/andrewanddaniellemayoras//68.3770</id>

    <published>2011-11-16T16:07:08Z</published>
    <updated>2011-11-17T13:34:56Z</updated>

    <summary><![CDATA[What family won't be talking about Kim Kardashian and Michael Jackson at their Thanksgiving dinner? &nbsp;Dishing celebrity dirt is as natural as turkey and pumpkin pie. &nbsp;But did you ever think that celebrity gossip could actually help your family? We...]]></summary>
    <author>
        <name>Andrew &amp; Danielle Mayoras</name>
        <uri>http://www.trialandheirs.com</uri>
    </author>
    
    <category term="estateplanning" label="Estate Planning" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="holidays" label="holidays" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="kimkardashian" label="Kim Kardashian" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="michaeljackson" label="Michael Jackson" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="willsandtrusts" label="wills and trusts" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.bullypulpit.com/andrewanddaniellemayoras/">
        <![CDATA[<p>What family won't be talking about Kim Kardashian and  Michael 
Jackson at their Thanksgiving dinner? &nbsp;Dishing celebrity dirt is  as 
natural as turkey and pumpkin pie. &nbsp;But did you ever think that  
celebrity gossip could actually help your family?</p>
<p>We use celebrity stories to turn the often-awkward conversation about
  estate planning into something fun and entertaining. &nbsp;Let's face it ... 
 no one really likes to think about planning for what happens after they
  pass away. &nbsp;But, it's the family left behind that pays the price when 
 the proper planning isn't done.</p>
<p>A great way to get the dialogue flowing, and to turn an awkward  
conversation into something fun and engaging, is with celebrity stories.
  &nbsp;What better time to do this than when the family is gathered together
  for Thanksgiving?</p>
<p>Here is Part 1 (out of 2) to our <a href="http://www.trialandheirs.com/">Trial &amp; Heirs'</a> Top 5 Celebrity-Based Estate Planning Conversation Starters for Thanksgiving 2011:</p>
<p><strong>1. &nbsp;Kim Kardashian</strong></p>
<p>Seventy-two days of marriage. &nbsp;Wow that was fast! &nbsp;Did she even finish writing her thank-you notes from the wedding?</p>
<div id="attachment_2269" class="wp-caption alignright" style="width: 310px"><a href="http://blog.trialandheirs.com/wp-content/uploads/Kim_Kardashian1.jpg"><img class="size-full wp-image-2269" title="Kim_Kardashian" src="http://blog.trialandheirs.com/wp-content/uploads/Kim_Kardashian1.jpg" alt="" width="300" height="361" /></a><p class="wp-caption-text">Image via Wikipedia</p></div>
<p>Let's assume for a moment that the happy couple thought, after saying
  their wedding vows, that they'd spend the rest of their lives 
together.  Well, even if they didn't feel quite that strongly about one 
another,  this still marked a significant life event. &nbsp;This means, the 
lovebirds  should have updated their estate planning documents.</p>
<p>Even with a marriage this short, everyone needs to sign new wills,  
trusts, and other estate planning documents as soon as they are married.
  Otherwise, any prior wills or trusts may be useless. &nbsp;Even worse, it  
could spark fighting, as in the <a href="http://blog.trialandheirs.com/celebrities/james-brown-estate-battles-through-debt-and-extended-fighting">James Brown Estate</a>.</p>
<p>And then, when the man-and-wife decide it's not going to work out,  
it's important to update yet again. &nbsp;Who wants an ex-spouse to inherit  
the assets ... or worse, be named in end-of-life documents, and decide to 
 pull the plug? &nbsp;It happened to <a href="http://blog.trialandheirs.com/tag/gary-coleman">Gary Coleman</a>.</p>
<p>It's much better to update documents before the divorce is even final, as&nbsp;<a href="http://blog.trialandheirs.com/tag/dennis-hopper">Dennis Hopper</a>
 did. &nbsp;Kim would be well-advised to so now. &nbsp;If she were to pass away  
before the divorce judgment is entered, Kris Humphries would still be  
treated under the law as her husband, entitled to inherit a share of her
  estate even if he wasn't mentioned in the will ... unless Kim properly  
updated her documents.</p>
<p><strong>2. Michael Jackson</strong></p>
<p>With so much focus on the trial of Dr. Conrad Murray, things have  
been quiet on the estate-fighting front. &nbsp;The trial, guilty verdict and 
 controversial NBC documentary about Murray have been some of the few  
things that Michael's family members and estate executors have seen  
eye-to-eye on. &nbsp;For the most part, that hasn't been the case since the  
King of Pop passed away.</p>
<p>When Michael died on June 25, 2009, the fighting between his family  
members versus the lawyer and music executive in charge of his estate  
and trust began almost immediately. &nbsp;Things have been peaceful lately,  
especially because the executors announced they would fund Michael  
Jackson's trust with $30 million. &nbsp;Funding is when assets are  
transferred into a trust.</p>
<p>But, does this mean all the fighting is over? &nbsp;<a href="http://www.forbes.com/sites/dorothypomerantz/2011/10/25/the-top-earning-dead-celebrities/" target="_blank">Forbes recently named</a>
 the MJ Estate as number one on its annual list of top-earning deceased 
 celebrities, with $170 million in earnings in last 12 months. &nbsp;At least until  
recently, the family has received none of this, other than having their 
 living expenses paid.</p>
<div id="attachment_2270" class="wp-caption alignright" style="width: 310px"><a href="http://blog.trialandheirs.com/wp-content/uploads/Michael_Jackson1.jpg"><img class="size-full wp-image-2270" title="Michael_Jackson" src="http://blog.trialandheirs.com/wp-content/uploads/Michael_Jackson1.jpg" alt="" width="300" height="457" /></a><p class="wp-caption-text">Image via Wikipedia</p></div>
<p>Now that the trust is being funded with $30 million, that means there
  is money that can actually be distributed to Michael's mother,  
Katherine Jackson, and Michael's three children.&nbsp; They, along with  
charity, are the named beneficiaries of Michael's trust.</p>
<p>The catch to this? &nbsp;Funding the trust is not the same as distributing
  money to the trust beneficiaries. &nbsp;It just means that the money was  
moved from the estate into the trust. &nbsp;The trustees -- the same two  
people acting as estate executors -- still control that money and decide 
 when and how much to give to Katherine and her grandchildren.</p>
<p>Most people should transfer their bank accounts, real estate and  
other assets into their trusts during lifetime. &nbsp;Because Michael's  
assets were not funded into his trust until after he died, his assets  
still had to pass through probate court, which is time-consuming,  
expensive and very public.&nbsp; And, there is a good chance the fighting  
will continue in his estate, now that the Conrad Murray trial is over  
and he was found guilty. &nbsp;The family may begin to focus on other matters
  again.</p>
<p>So, when you ask your mother to pass the gravy, consider asking her  
if she funded her trust so she can avoid the same mistake made in  
Michael Jackson's estate planning. &nbsp;If not, her financial planner and  
estate planning attorney can help her.</p>
<p>Next week, we'll give you more Thanksgiving conversation material,  
including the latest with the Whitney Houston lawsuit against her  
step-mother, the wild estate of boxer Arturo Gatti, and what happened  
with the fight over the billions that belonged to the richest woman in  
Asia before she passed away.</p>
<p>Do you think she really wanted her feng shui advisor to inherit it all?</p>
<p><em>By Danielle and Andy Mayoras, co-authors of&nbsp;<a title="Trial &amp; Heirs:  Famous Fortune Fights!" href="http://www.trialandheirs.com/book">Trial &amp; Heirs: Famous Fortune Fights!</a>, husband-and-wife legacy expert attorneys, and hosts of the national television special,&nbsp;<a title="Trial &amp; Heirs:  Protect Your Family Fortune" href="http://www.trialandheirs.com/tv-special">Trial &amp; Heirs: &nbsp;Protect Your Family Fortune!</a></em><em> </em><em>For
  the latest celebrity and high-profile cases, with tips to protect  
yourself, your loved ones, and your clients, click here to subscribe to&nbsp;<a title="Danielle and Andy Mayoras of Trial &amp; Heirs" href="http://www.trialandheirs.com/">The Trial &amp; Heirs Update</a>. &nbsp;You can&nbsp;<a href="https://www.facebook.com/trialandheirs">"like" them on Facebook</a> and&nbsp;<a href="http://twitter.com/#%21/TrialAndHeirs">follow them on Twitter</a>.</em></p> ]]>
        
    </content>
</entry>

<entry>
    <title>James Brown Estate Battles Through Debt and Extended Fighting</title>
    <link rel="alternate" type="text/html" href="http://www.bullypulpit.com/andrewanddaniellemayoras/2011/11/james-brown-estate-battles-through-debt-and-extended-fighting.html" />
    <id>tag:www.bullypulpit.com,2011:/andrewanddaniellemayoras//68.3728</id>

    <published>2011-11-03T16:54:13Z</published>
    <updated>2011-11-09T17:54:58Z</updated>

    <summary><![CDATA[ The Godfather of Soul died on Christmas Day, 2006. His estate has been marred by fighting ever since. Here's our Forbes recap of the legal troubles which have left James Brown's estate and wishes in limbo.&nbsp; The Associated Press...]]></summary>
    <author>
        <name>Andrew &amp; Danielle Mayoras</name>
        <uri>http://www.trialandheirs.com</uri>
    </author>
    
    <category term="estateplanning" label="Estate Planning" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="jamesbrown" label="James Brown" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="probatecourtbattles" label="probate court battles" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="trustsandestates" label="trusts and estates" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="willsandtrusts" label="wills and trusts" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.bullypulpit.com/andrewanddaniellemayoras/">
        <![CDATA[<div class="entry-content">
						<p>The Godfather of Soul died on Christmas Day, 2006. His estate 
has  been marred by fighting ever since. Here's our Forbes recap of the 
legal  troubles which have left <a href="http://www.forbes.com/sites/trialandheirs/2011/08/08/james-browns-estate-and-wishes-remain-in-limbo/">James Brown's estate</a> and wishes in limbo.&nbsp; <a href="http://blog.trialandheirs.com/wp-content/uploads/Jamesbrown3-21.jpg"><img class="alignright size-full wp-image-2255" title="Jamesbrown3-2" src="http://blog.trialandheirs.com/wp-content/uploads/Jamesbrown3-21.jpg" alt="" height="344" width="174" /></a></p>
<p>The <a href="http://www.huffingtonpost.com/2011/10/31/james-brown-estate-debt_n_1067261.html" target="_blank">Associated Press reported</a>
 this week that the court battles&nbsp;devastated&nbsp;his estate so much that his
  charitable trust had dwindled in value all the way down to $14,000,  
with $20 million of debt, until a 2009 settlement. &nbsp;This was quite a  
drop, because original estimates of the value of Brown's estate came in 
 at the $100 million mark.</p>
<p>The settlement -- which was supposed to end all of the fighting --  
called for about half of Brown's assets to pass to a charitable trust,  
with one-quarter going to his widow and the rest passing to all of his  
children. &nbsp;The deal also led to the court appointment of a new attorney 
 to administer the estate, Russell&nbsp;Bauknight.</p>
<p>When Bauknight became involved, he hired a professional music  
manager, who struck new deals for Brown's music to be used in  
commercials throughout the world for products like Chanel and Gatorade. 
 &nbsp;According to Bauknight's attorney, because of his efforts, Brown's  
estate has almost finished repaying the large debts and is ready to --  
finally -- start passing money onto charity. &nbsp;He says that thousands of  
college scholarships for needy students will be created as early as next
  year.</p>
<p>But, the fireworks are not over for the estate of the musician known 
 as "The Hardest-Working Man in Show Business." &nbsp;The lawyers are working
  hard too.&nbsp; A couple days ago, the South Carolina Supreme Court heard 
arguments from  them to decide if the settlement should be thrown out. 
&nbsp;Two former  trustees have been fighting since 2009 to undo the deal.</p>
<p>The former trustees, Adele Pope and Robert Buchanan, say they were  
ousted from control because they objected to the settlement. &nbsp;They feel 
 the South Carolina Attorney General wrongly intervened to push the  
settlement through, without their participation. &nbsp;They want a much  
larger share of Brown's assets to benefit poor and needy children, as  
Brown's trust document spelled out, without so much going to family.  
&nbsp;They also want to be back in control.</p>
<p>Bauknight's attorney says that allowing the pair "back into power  
would be similar to throwing a grenade into the James Brown musical  
empire."</p>
<p>This case highlights the problems with <a href="http://www.trialandheirs.com/tv-special" target="_blank">estate battles</a>.
  &nbsp;They tend to be expensive, emotional, and drag on and on and on. &nbsp;And
  no, they don't just happen to the estates of the rich and famous. 
&nbsp;Heirs  battling for a share of trust and estate property, or over 
family  heirlooms, joint bank accounts, life insurance, or a number of 
other  assets, are all too common in our country, especially in this 
economy.</p>
<p>And the biggest reason why conflicts like this happen? &nbsp;Poor estate  
planning. When the documents are done the right way, before there is a  
question of mental competency, it's a great start. &nbsp;But then it's  
important to keep wills, revocable <a href="http://www.trialandheirs.com/book">living trusts</a>, and other legal documents updated, especially after life events like marriages, births and divorces.</p>
<p>James Brown didn't update his documents after his marriage or after  
the birth of his last child, James Brown II. &nbsp;That opened the door to  
the fighting, which is going on five years now.&nbsp; There were also claims 
 raised by family members that he was subject to undue influence.</p>
<p>The family and others involved in his estate and trust should be  
commended for reaching -- or at least trying to reach -- a settlement. &nbsp;No
  one wins when estate battles drag on this long ... except the lawyers of
  course. &nbsp;Families are usually smart to find a middle ground and reach a
  compromise, rather than prolonging the fight.</p>
<p>Sadly, despite the settlement, Brown's family members and charities  
have not seen a dime of his money, despite the impressive work by those 
 in charge to take Brown's estate out of the red and into the black.</p>
<p><em>By Danielle and Andy Mayoras, co-authors of&nbsp;<a title="Trial &amp; Heirs:  Famous Fortune Fights!" href="http://www.trialandheirs.com/book">Trial &amp; Heirs: Famous Fortune Fights!</a>, husband-and-wife legacy expert attorneys, and hosts of the national television special,&nbsp;<a title="Trial &amp; Heirs:  Protect Your Family Fortune" href="http://www.trialandheirs.com/tv-special">Trial &amp; Heirs: &nbsp;Protect Your Family Fortune!</a></em><em> </em><em>For
  the latest celebrity and high-profile cases, with tips to protect  
yourself, your loved ones, and your clients, click here to subscribe to&nbsp;<a title="Danielle and Andy Mayoras of Trial &amp; Heirs" href="http://www.trialandheirs.com/">The Trial &amp; Heirs Update</a>. &nbsp;You can&nbsp;<a href="https://www.facebook.com/trialandheirs">"like" them on Facebook</a> and&nbsp;<a href="http://twitter.com/#%21/TrialAndHeirs">follow them on Twitter</a>.</em></p>
											</div> ]]>
        
    </content>
</entry>

<entry>
    <title>L&apos;Oreal Founder, Liliane Bettencourt, Subject to Guardianship</title>
    <link rel="alternate" type="text/html" href="http://www.bullypulpit.com/andrewanddaniellemayoras/2011/10/loreal-founder-liliane-bettencourt-subject-to-guardianship.html" />
    <id>tag:www.bullypulpit.com,2011:/andrewanddaniellemayoras//68.3727</id>

    <published>2011-10-18T15:18:13Z</published>
    <updated>2011-11-09T16:51:32Z</updated>

    <summary><![CDATA[The second richest woman in the world, Liliane Bettencourt, has been declared mentally unfit to manage her affairs by a Judge in France yesterday.&nbsp; The decision grants control of her financial affairs to her only child, daughter Francoise Bettencourt-Meyers, and...]]></summary>
    <author>
        <name>Andrew &amp; Danielle Mayoras</name>
        <uri>http://www.trialandheirs.com</uri>
    </author>
    
    <category term="conservatorship" label="conservatorship" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="elderabuse" label="elder abuse" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="exploitation" label="exploitation" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="francoisebettencourtmeyers" label="Francoise Bettencourt-Meyers" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="guardianship" label="guardianship" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="loreal" label="L&apos;Oreal" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="lilianebettencourt" label="Liliane Bettencourt" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.bullypulpit.com/andrewanddaniellemayoras/">
        <![CDATA[<p>The second richest woman in the world, Liliane Bettencourt, has been 
declared mentally unfit  to manage her affairs by a Judge in France 
yesterday.&nbsp; The decision grants  control of her financial affairs to her
 only child, daughter Francoise  Bettencourt-Meyers, and grandsons 
Jean-Victor and Nicolas.&nbsp;  Bettencourt-Meyers has been fighting for 
years to protect her 88-year  old mother, who has been victim to 
financial exploitation to the tune of  more than one billion dollars, 
according to an earlier lawsuit.</p>
<p>Bettencourt suffers from "mixed dementia" and "moderately severe"  
Alzheimer's disease, according to a medical report relied on by the  
Judge in making her decision.&nbsp; Her mental decline sparked a family court
  fight.&nbsp; It began three years ago when Bettencourt-Meyers started a  
lawsuit to protect her mother from photographer Francois-Marie Banier,  
who she claimed had charmed the elder Bettencourt out of assets worth  
almost one billion euros (about 1.4 billion dollars).&nbsp; She also named  
Banier as sole heir in a new will and as beneficiary to vast life  
insurance policies.</p>
<p>Bettencourt was so furious with her daughter for the lawsuit that she
  vowed never to see her again.&nbsp; She said that Banier was a close friend
  and nothing was wrong with the gifts.&nbsp; She felt she was still mentally
  sharp.</p>
<p>During the course of the lawsuit and related court proceedings, it  
was revealed that Bettencourt had hundreds of millions of dollars in  
Swiss accounts and was not paying taxes on the money.&nbsp; This became a  
national scandal because the wife of&nbsp; France's finance minister helped  
invest Bettencourt's assets.&nbsp; The minister, Eric Woerth, lost his  
position.&nbsp; Even France's President, Nicolas Sarkozy, was dragged into  
the scandal when it was alleged Bettencourt gave illegal cash donations 
 to his election campaign.&nbsp; Sarkozy denied the allegations.</p>
<p>Eventually, in late 2010, the legal proceedings filed by  
Bettencourt's daughter were settled.&nbsp; Banier agreed to renounce the life
  insurance and Bettencourt agreed to redo her will.&nbsp; She promised to  
have nothing more to do with the man described by many as&nbsp; "dandy" and a
  "charmer".&nbsp; The family reconciled and agreed that Bettencourt's 
lawyer,  Pascal Wilhem, would manage her financial affairs and protect 
her.</p>
<p>A few months ago, the family feud returned to court when Bettencourt 
 reportedly invested 170 million euros in a company belonging to the  
Wilhem's client.&nbsp; This prompted Bettencourt-Meyers to again file legal  
proceedings to protect her mother.&nbsp; Wilhelm was said to have encouraged 
 the deal, which Bettencourt-Meyers felt was a conflict of interest.</p>
<p>The Judge must have agreed and shared the family's concern, because  
her ruling yesterday gave control over the vast financial holdings to  
Bettencourt-Meyers and her sons.&nbsp; In doing so, she removed Wilhem from  
managing Bettencourt's fortune.</p>
<p>How vast is that fortune?&nbsp; Forbes last pegged Liliane Bettencourt at #15 on its <a href="http://www.forbes.com/profile/liliane-bettencourt/" target="_blank">list of the world's billionaires</a>.&nbsp;
  Her net worth was estimated at $23.5 billion dollars.&nbsp; She is the  
largest shareholder of L'Oreal, which was founded by her father.&nbsp; Now  
the family will manage that fortune instead of outside advisers accused 
 of "scheming" against Bettencourt.</p>
<p>Bettencourt's lawyer vows that she will appeal the decision.&nbsp;  
Bettencourt recently said in an interview that she would leave France  
rather than allow her daughter to take control of her life.</p>
<p>While it took three years of fighting in court, and public scrutiny  
that sparked multiple political scandals, Francoise Bettencourt-Meyers  
did what she had to do to protect her elderly mother from what she felt 
 was extreme financial exploitation.&nbsp; It's an epidemic in our country as
  well, where there are an estimated 5 million cases of financial abuse 
of  seniors each year.</p>
<p>How can you protect your elderly family members?&nbsp; Here are the National Center on Elder Abuse's <a href="http://blog.trialandheirs.com/guardianships/ten-warning-signs-of-financial-exploitation" target="_blank">10 Warning Signs and Symptoms</a> to watch out for.&nbsp; Awareness is the first step towards prevention.</p>
<p>Unfortunately, if you feel that you have an elderly family member who
  may be a victim of financial abuse, you may have to follow the  
footsteps of the Bettencourt family and seek conservatorship or  
guardianship in court for protection.&nbsp; The key is to act quickly, before
  it is too late.</p>
<p>Even though your family fortune may not be worth billions, the danger of <a href="http://www.probatelawyerblog.com/exploitation/" target="_blank">financial exploitation</a> is still very real.</p>
<p><em>By Danielle and Andy Mayoras, co-authors of&nbsp;<a title="Trial &amp; Heirs:  Famous Fortune Fights!" href="http://www.trialandheirs.com/book">Trial &amp; Heirs: Famous Fortune Fights!</a>, husband-and-wife legacy expert attorneys, and hosts of the national television special,&nbsp;<a title="Trial &amp; Heirs:  Protect Your Family Fortune" href="http://www.trialandheirs.com/tv-special">Trial &amp; Heirs: &nbsp;Protect Your Family Fortune!</a></em><em> </em><em>For
   the latest celebrity and high-profile cases, with tips to protect   
yourself, your loved ones, and your clients, click here to subscribe to&nbsp;<a title="Danielle and Andy Mayoras of Trial &amp; Heirs" href="http://www.trialandheirs.com/">The Trial &amp; Heirs Update</a>. &nbsp;You can&nbsp;<a href="https://www.facebook.com/trialandheirs">"like" them on Facebook</a> and&nbsp;<a href="http://twitter.com/#%21/TrialAndHeirs">follow them on Twitter</a>.</em></p> ]]>
        
    </content>
</entry>

<entry>
    <title>Steve Jobs Appears To Have Protected His Estate With Living Trusts</title>
    <link rel="alternate" type="text/html" href="http://www.bullypulpit.com/andrewanddaniellemayoras/2011/10/steve-jobs-appears-to-habe-protected-his-estate-with-living-trusts.html" />
    <id>tag:www.bullypulpit.com,2011:/andrewanddaniellemayoras//68.3725</id>

    <published>2011-10-07T20:54:41Z</published>
    <updated>2011-11-09T15:42:51Z</updated>

    <summary><![CDATA[ Soon after the tragic news broke of the passing of Steve Jobs, Apple co-founder and innovator extraordinaire, people began wondering what would become of his fortune.&nbsp; Forbes recently estimated Jobs' wealth at $7 billion. &nbsp; ABCNews.com recently interviewed Danielle...]]></summary>
    <author>
        <name>Andrew &amp; Danielle Mayoras</name>
        <uri>http://www.trialandheirs.com</uri>
    </author>
    
    <category term="apple" label="Apple" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="estateplanning" label="Estate Planning" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="estatetaxes" label="Estate Taxes" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="familyfortune" label="family fortune" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="probate" label="probate" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="stevejobs" label="Steve Jobs" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="willsandtrusts" label="wills and trusts" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.bullypulpit.com/andrewanddaniellemayoras/">
        <![CDATA[<div class="entry-content">
						<p>Soon after the tragic news broke of the passing of Steve Jobs, 
Apple  co-founder and innovator extraordinaire, people began wondering 
what  would become of his fortune.&nbsp; Forbes recently estimated Jobs' 
wealth at  $7 billion. &nbsp;<a href="http://blog.trialandheirs.com/wp-content/uploads/Steve-Jobs.jpg"><img class="alignright size-full wp-image-2229" title="Steve Jobs" src="http://blog.trialandheirs.com/wp-content/uploads/Steve-Jobs.jpg" alt="" height="250" width="250" /></a></p>
<p><a href="http://abcnews.go.com/Business/steve-jobs-death-billions-remain-private-topic/story?id=14682218" target="_blank">ABCNews.com recently interviewed</a>
 Danielle Mayoras on this very topic.&nbsp; It reported how Jobs, the largest
  single shareholder of Disney (which of course owns ABC News), has  
received $242 million in Disney stock dividends alone, since 2006.&nbsp; How 
 much is his Disney stock worth?&nbsp; $4.4 billion, for 138 million shares, 
 good for 7.4 percent of the total Disney stock.</p>
<p>As Danielle pointed out in the interview, usually people with that  
much wealth do the proper estate planning, including using living  
trusts, charitable bequests, and more.&nbsp; Not only does this keep their  
affairs private, it can help minimize estate taxes.&nbsp; Topping out at 35%,
  the current estate tax laws -- while much lower than in years past --  
will obviously take a big bite out of Jobs' family fortune.&nbsp; That comes 
 out to almost $2.45 billion in taxes, if Jobs did not do the proper  
planning.</p>
<p>Ultimately, we are unlikely to ever discover the full extent of  
planning Jobs did to minimize his taxes.&nbsp; When living trusts are used  
the right way -- and assets are funded into them before death -- families 
 are protected by privacy.&nbsp; Wills must pass through probate court to  
work, which means they are public record.&nbsp; Trusts, on the other hand,  
when properly funded before death, remain out of the public eye, unless 
 there are problems, like a lawsuit.</p>
<p><a href="http://www.reuters.com/article/2011/10/07/us-apple-jobs-estate-idUSTRE79600420111007" target="_blank">Reuters reported</a>
 that Jobs did use living trusts.&nbsp; Real estate records in California  
show that in March, 2009, which was about two months after Jobs took his
  second leave of absence from Apple, Jobs and his wife transferred 
three  real estate properties into two different trusts.&nbsp; This means he 
funded  those trusts with that real estate.&nbsp; Funding a trust is key to 
using it  correctly.</p>
<p>Does this mean Jobs funded all of his assets, such as his Disney  
stock, into his trusts too?&nbsp; We don't know.&nbsp; But with someone as  
intelligent -- and private -- as Jobs was, the smart money is on him  
having done so.&nbsp;&nbsp; The only way we'll find out for sure, though, is if  
someone files his will in probate and opens his estate.&nbsp; If that  
happens, it would be reported what assets have to pass through probate, 
 which would only include assets that were not funded into the trusts  
during his life.&nbsp; Jointly-held assets, such as joint bank accounts with 
 his wife, and assets with beneficiary designations, like insurance, 
also  would not have to pass through probate in most cases.</p>
<p>The proper estate planning is extra important when there are  
complicated family dynamics, such as second-marriages or with siblings  
who do not get along.&nbsp; In Job's family, his first child was born  
out-of-wedlock to another woman, before his marriage, so doing the right
  legal planning was even more important for him.&nbsp; A child does not have
  an automatic right to share in the inheritance, so how much Jobs chose
  to leave her -- and his other children -- was up to him.&nbsp; When people  
don't make their intent clear in their estate planning documents,  
families often fight over their wishes, especially when there are  
children of different parents involved.</p>
<p>So many rich and famous people fail to do the proper estate  
planning.&nbsp; Michael Jackson, James Brown, Gary Coleman, Sonny Bono, Jimi 
 Hendrix, Martin Luther King, Jr., and Stieg Larsson are just a few that
  we have written about through <a href="http://www.trialandheirs.com/" target="_blank">Trial &amp; Heirs</a>, to help teach people about doing the proper planning to <a href="http://www.trialandheirs.com/tv-special" target="_blank">protect their family fortunes</a>.</p>
<p>It's refreshing to write about a celebrity who apparently did things right.</p>
<p><em>By Danielle and Andy Mayoras, co-authors of&nbsp;<a title="Trial &amp; Heirs:  Famous Fortune Fights!" href="http://www.trialandheirs.com/book">Trial &amp; Heirs: Famous Fortune Fights!</a>, husband-and-wife legacy expert attorneys, and hosts of the national television special,&nbsp;<a title="Trial &amp; Heirs:  Protect Your Family Fortune" href="http://www.trialandheirs.com/tv-special">Trial &amp; Heirs: &nbsp;Protect Your Family Fortune!</a></em><em> </em><em>For
    the latest celebrity and high-profile cases, with tips to protect   
 yourself, your loved ones, and your clients, click here to subscribe 
to&nbsp;<a title="Danielle and Andy Mayoras of Trial &amp; Heirs" href="http://www.trialandheirs.com/">The Trial &amp; Heirs Update</a>. &nbsp;You can&nbsp;<a href="https://www.facebook.com/trialandheirs">"like" them on Facebook</a> and&nbsp;<a href="http://twitter.com/#%21/TrialAndHeirs">follow them on Twitter</a>.</em></p>
											</div> ]]>
        
    </content>
</entry>

<entry>
    <title>$150 Million Trust Fund Stolen From Poor Children In Panama, Lawsuit Claims</title>
    <link rel="alternate" type="text/html" href="http://www.bullypulpit.com/andrewanddaniellemayoras/2011/10/150-million-trust-fund-stolen-from-poor-children-in-panama-lawsuit-claims.html" />
    <id>tag:www.bullypulpit.com,2011:/andrewanddaniellemayoras//68.3726</id>

    <published>2011-10-04T14:43:34Z</published>
    <updated>2011-11-09T15:49:11Z</updated>

    <summary><![CDATA[ Family fights over wills, trusts and estates are far too common, not only in our country, but elsewhere. &nbsp;Sometimes, those fights reach a whole new level.&nbsp; This has certainly been the case with a tragic story from Panama which...]]></summary>
    <author>
        <name>Andrew &amp; Danielle Mayoras</name>
        <uri>http://www.trialandheirs.com</uri>
    </author>
    
    <category term="attorney" label="attorney" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="estateplanning" label="Estate Planning" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="lawsuit" label="lawsuit" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="panama" label="Panama" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="richardlehman" label="Richard Lehman" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="willsandtrusts" label="wills and trusts" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="wilsonlucom" label="Wilson Lucom" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.bullypulpit.com/andrewanddaniellemayoras/">
        <![CDATA[<div class="entry-content">
						<p>Family fights over wills, trusts and estates are far too 
common, not only in our country, but elsewhere. &nbsp;Sometimes, those fights
 reach a whole new level.&nbsp; This has certainly been the case with a 
tragic story from Panama which harmed those most in need ...&nbsp;millions 
of&nbsp;impoverished and&nbsp;starving children.</p>
<div id="attachment_2220" class="wp-caption alignright" style="width: 310px"><a href="http://blog.trialandheirs.com/wp-content/uploads/Wilson-Lucom.jpg"><img class="size-medium wp-image-2220" title="Wilson Lucom" src="http://blog.trialandheirs.com/wp-content/uploads/Wilson-Lucom-300x224.jpg" alt="" height="224" width="300" /></a><p class="wp-caption-text">Wilson C. Lucom / PHOTO La Estrella</p></div>
<p>A Florida attorney, Richard Lehman, takes center stage in the 
dispute. &nbsp; He recently sued political officials throughout Panama -- 
including three Supreme Court judges -- charging corruption, bribery, 
theft, and much more. &nbsp;The fight involves the estate of Lehman's former 
friend and client, Wilson Lucom.</p>
<p>When he died in June of 2006 at the age of 88,&nbsp;Lucom was an 
expatriate American living in Panama.&nbsp; One year before he died, Lucom 
signed a will generously leaving the majority of his $50 million fortune
 to a trust fund to benefit the poor and needy children of Panama.&nbsp; That
 fortune includes ocean-front real estate which has appreciated in 
value, so that Lucom's estate is now valued at more than $150 million.</p>
<p>Lucom's widow, Hilda Piza Lucom, was well-connected in Panamanian 
political circles. &nbsp;In fact, she used to be married to the son of a 
President of Panama.&nbsp; Lucom's will left her a monthly allowance of 
$20,000 and the right to live in and use the marital home throughout her
 life.&nbsp; Her children also received specific bequests (Lucom had no 
children of his own).&nbsp; But Hilda wanted more ... much more.</p>
<p>Hilda sued to challenge the will and claimed that Lucom's attorney, 
Richard Lehman, had coerced Lucom into creating it so he could manage 
the charitable trust, which the will named as the primary beneficiary to
 Lucom's vast estate.&nbsp; Through the lawsuit, a court in Panama removed 
Lehman as the estate's executor, but ultimately found the will valid.&nbsp; 
Hilda then appealed to another court, which again found the will valid.</p>
<p>Finally, she appealed again to the Supreme Court of Panama.&nbsp; That 
Court, acting through three judges, issued a strange decision which 
upheld the will but at the same time ruled that Lucom really wanted to 
benefit his "beloved wife."&nbsp;&nbsp; The judges overturned the distribution of 
the bulk of Lucom's fortune to his charitable trust fund and instead 
named Hilda as the "universal heir."</p>
<p>Several different people, including the notary who signed the will 
and even a prosecutor, filed challenges to the Supreme Court's decision.
 &nbsp;In the face of those legal challenges, the entire Supreme Court of 
Panama decided to review the case a second time. &nbsp;For the last year, the
 case has been in a holding pattern, until the Supreme Court issues 
another ruling.</p>
<p>In the meantime, the Florida attorney, Lehman, is tired of waiting 
for the money to be released to help the poverty-stricken children in 
Panama.&nbsp; It is estimated that 20% of Panamanian children suffer 
from&nbsp;malnutrition&nbsp;and more than one-half of children under the age of 
five live in poverty.&nbsp; Lehman says he wants the children to finally 
benefit from Lucom's wishes.</p>
<p>So Lehman recently filed a lawsuit in federal court in Florida, 
accusing Hilda, some of her adult children from her first marriage, and 
various Panamanian judges, prosecutors, attorneys, and others, of being 
part of a massive, criminal RICO conspiracy. &nbsp;RICO is a set of United 
States federal laws used to combat organized crime and corruption.</p>
<p>In his lawsuit under the RICO laws, Lehman accuses the three Supreme 
Court judges of accepting bribes in the amount of $1.5 million, each.&nbsp; 
He says Hilda and others acting on her behalf caused numerous false 
criminal charges to be asserted against him -- including one for murder --
 in an effort to prevent him from acting as estate executor and to 
inhibit him from fighting against them in court. &nbsp;He even suggests that 
the conspiracy led to a murder attempt on the life of one of Lehman's 
allies.</p>
<p>The RICO lawsuit seeks $732 million in damages on behalf of Lehman 
and the charitable trust that Lucom created to implement his directive 
to benefit poor children in Panama.&nbsp; You can read the complaint that 
recently started this lawsuit&nbsp;<a href="http://www.lucompublicdocuments.com/pdf/2011-09-23_RSL_Complaint.pdf" target="_blank">here</a>.</p>
<p>Lehman said, in an interview with&nbsp;<a href="http://newsandinsight.thomsonreuters.com/Legal/News/ViewNews.aspx?id=28729&amp;terms=%40ReutersTopicCodes+CONTAINS+%27ANV%27" target="_blank">Thompson Reuters</a>,
 that "every word" in his RICO complaint is true and he wants the whole 
world to know about the corruption in Panama and the effect it's had on 
the starving children there.</p>
<p>His opponents think that this is nonsense.&nbsp; One of the attorneys  
fighting against Lehman, Matias Dorta, emailed us a copy of the  
Florida's judge's ruling, which referred to Lehman as, "a covetous  
opportunist using the ancillary estate assets ... seeking personal  
advantage and control of assets in the $25-50 million domiciliary  
estate."&nbsp; Dorta says that Lehman's new claims were already raised and  
dismissed in a previous lawsuit.</p>
<p>Clearly, there are two sides to the story, and both sides accuse the other of foul play.&nbsp; You can read the <a href="http://blog.trialandheirs.com/wp-content/uploads/Lucom-Estate-Florida-Court-Ruling.pdf">Florida Judge's decision against Lehman, here</a>.</p>
<p>Regardless of whether Lehman's more-shocking allegations are true,  
the fact remains that Lucom signed a will wanting to benefit those in  
Panama who most needed help.&nbsp; While some question whether Lucom really  
had these charitable intentions, the case does present a lesson.&nbsp; This  
lengthy and expensive probate court fight could have been largely  
avoided.</p>
<p>How? &nbsp;There was no reason for Lucom to rely on a will and force his  
assets to pass through the court system, which had been accused by many 
 of being corrupt. &nbsp;While Lucom created a trust -- in Panama -- to  
implement his wishes (at least, according to Lehman), that trust was  
never funded with his estate assets before he died.</p>
<p>Lucom could have transferred his assets into his trust during his  
lifetime.&nbsp; Or, better yet, he could have created a trust somewhere other
  than Panama (like Florida for example), transferred his assets into 
it,  and avoided the Panama court system entirely.</p>
<p>Creating and a funding a revocable <a href="http://www.trialandheirs.com/tv-special">living trust</a>
 -- early, before there is a question of mental competency or undue  
influence -- is the best way to prevent a family fight over your estate. 
 &nbsp;By making this change late in life, and failing to use a trust to <a href="http://www.trialandheirs.com/" target="_blank">avoid probate</a>, Lucom made it much harder for his wishes to be followed.</p>
<p>It's a sad lesson that everyone can learn from.</p>
<p><em>By Danielle and Andy Mayoras, co-authors of&nbsp;<a title="Trial &amp; Heirs:  Famous Fortune Fights!" href="http://www.trialandheirs.com/book">Trial &amp; Heirs: Famous Fortune Fights!</a>, husband-and-wife legacy expert attorneys, and hosts of the national television special,&nbsp;<a title="Trial &amp; Heirs:  Protect Your Family Fortune" href="http://www.trialandheirs.com/tv-special">Trial &amp; Heirs: &nbsp;Protect Your Family Fortune!</a></em><em> </em><em>For
 the latest celebrity and high-profile cases, with tips to protect 
yourself, your loved ones, and your clients, click here to subscribe to&nbsp;<a title="Danielle and Andy Mayoras of Trial &amp; Heirs" href="http://www.trialandheirs.com/">The Trial &amp; Heirs Update</a>. &nbsp;You can&nbsp;<a href="https://www.facebook.com/trialandheirs">"like" them on Facebook</a> and&nbsp;<a href="http://twitter.com/#%21/TrialAndHeirs">follow them on Twitter</a>.</em></p>
											</div> ]]>
        
    </content>
</entry>

<entry>
    <title>Tony Curtis&apos; Kids Say He Was the Victim of Undue Influence</title>
    <link rel="alternate" type="text/html" href="http://www.bullypulpit.com/andrewanddaniellemayoras/2011/09/tony-curtis-kids-say-he-was-the-victim-of-undue-influence.html" />
    <id>tag:www.bullypulpit.com,2011:/andrewanddaniellemayoras//68.3724</id>

    <published>2011-09-20T20:41:47Z</published>
    <updated>2011-11-08T21:42:46Z</updated>

    <summary><![CDATA[ The Tony Curtis Estate held an auction this weekend to unload hundreds of memorabilia, articles of clothing and other property belonging to the famed actor who died last September at age 85, after years of poor health. &nbsp;Julien's Auction...]]></summary>
    <author>
        <name>Andrew &amp; Danielle Mayoras</name>
        <uri>http://www.trialandheirs.com</uri>
    </author>
    
    <category term="auction" label="auction" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="estateplanning" label="Estate Planning" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="tonycurtis" label="Tony Curtis" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="undueinfluence" label="undue influence" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="willcontest" label="will contest" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="willsandtrusts" label="wills and trusts" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.bullypulpit.com/andrewanddaniellemayoras/">
        <![CDATA[<div class="entry-content">
						<p>The Tony Curtis Estate held an auction this weekend to unload 
hundreds of memorabilia, articles of clothing and other property 
belonging to the famed actor who died last September at age 85, after 
years of poor health. &nbsp;Julien's Auction House in Beverly Hills, 
California, conducted the online auction and raised more than one 
million dollars. &nbsp;The money went to the benefit of Tony's widow and 
fifth wife, Jill Vandenberg Curtis, with a portion going to the couple's
 charity.&nbsp; <a href="http://blog.trialandheirs.com/wp-content/uploads/Tony-Curtis.jpg"><img class="alignright size-medium wp-image-2194" title="Tony Curtis" src="http://blog.trialandheirs.com/wp-content/uploads/Tony-Curtis-172x300.jpg" alt="" height="300" width="172" /></a></p>
<p>So how much did his five children, including actress Jamie Lee Curtis, stand to receive from this? &nbsp;Absolutely nothing.</p>
<p>Tony Curtis redid his Will and Trust in May of last year, a few 
months before he died from cardiac arrest. &nbsp;When he did so, he cut out 
all of his children. &nbsp;His will lists all five by name -- including Jamie 
Lee -- and states that he intentionally disinherited them. &nbsp;No reason was
 given in his will.</p>
<p>His children were shocked by it and are not happy. &nbsp;And this weekend's auction only made it worse.</p>
<p>Daughter Allegra Curtis <a href="http://www.hollywoodreporter.com/news/items-owned-by-some-like-236753">said in an interview</a>
 that the family was upset because the widow, Jill, was the only one to 
benefit from the auction. &nbsp;She arranged for it without telling his 
children. &nbsp;Even more upsetting, Allegra said she did not offer them 
anything of sentimental value to remember their father by.</p>
<p>Julien's Auction House shows that the auction included valuable 
items, such as an Andy Warhol painting that sold for $53,125 and Tony's 
Yachtman Jacket from the Movie <em>Some Like It Hot</em>, which fetched 
$48,000. &nbsp;The sale also featured a Chagall painting, which brought in 
$23,125, and a Firebird Convertible went for $21,250.</p>
<p>But not everything brought in the big bucks. &nbsp;Tony's widow also sold 
personal letters sent between her husband and many celebrities, such as 
Cary Grant, Picasso, Ted Kennedy, and Arnold Schwarzenegger. &nbsp;She 
unloaded Navy medals and commemorations, as well as Hollywood awards and
 medals, including Tony's&nbsp;Hollywood Walk of Fame Plaque.&nbsp; &nbsp;She parted 
with personal handwritten drawings of his, and even his casino 
membership cards (which someone paid $192 for, in case you're curious). &nbsp;
 In all, there were almost 500 items sold. &nbsp;One would think that she 
could have spared&nbsp;<em>something</em> for&nbsp;his children.</p>
<p>Allegra Curtis says her father wouldn't have wanted this. &nbsp;She feels 
he "deserves better" than to have his estate disseminated this way.</p>
<p>Julien's auctioneer Darren Julien disagreed. &nbsp;He&nbsp;told&nbsp;<em>The Hollywood Reporter </em>that&nbsp;Tony personally came into the auction house. &nbsp;Julien said, "I know this was exactly what he wanted."</p>
<p>Allegra also gave a <a href="http://www.insideedition.com/news/6859/tony-curtiss-daughter-speaks-out-about-disinheritance.aspx" target="_blank">recent interview to <em>Inside Edition</em></a>
 and told the TV show that she and her siblings were "all blindsided" by
 his estate. &nbsp;Not surprisingly, she said that being cut out of Tony's 
will and trust was very painful for them. She feels her father was 
subject to improper influence which resulted in the change in his 
inheritance plans.</p>
<p>Daughter Kelly Lee Curtis did more than raise accusations to the 
press. &nbsp;She took the next step and sued over her father's Trust, 
accusing the widow Jill or others of convincing Tony to change who he 
left his money to, through "duress, menace, fraud, or undue influence." 
&nbsp;That lawsuit is still open and pending in a Las Vegas court.</p>
<p>Jill counters by saying that not only was Tony very specific with his
 final wishes, but he actually told his children about disinheriting 
them before he died. &nbsp;She says Tony had a difficult relationship with 
his kids at time, but it was between them, not her.</p>
<p>So far, actress Jamie Lee Curtis has stayed out of the fray. &nbsp;That 
could change if the lawsuit makes it to trial, and she could be called 
as a witness.</p>
<p>It's a sad but all too common story, for celebrities and 
non-celebrities alike. Second-marriage situations -- or fifth marriages 
like this one -- often spark dramatic family feuds. &nbsp;The situation is 
never helped when the surviving widow is younger than some of the 
children, as in this case. &nbsp;Jill was 42 years younger than Tony and is 
about 11 years younger than Tony's eldest, Kelly.</p>
<p>When the will and trust exclude the children entirely in favor of the
 spouse, you can almost guarantee a family fight in court. &nbsp;People in 
that situation should think long and hard about whether completely 
disinheriting the children really makes sense for anyone.</p>
<p>And certainly, it makes doing the proper estate planning more 
important. &nbsp;It's hard to please everyone. &nbsp;That's why couples that have 
children from prior marriages should work with an experienced estate 
planning lawyer early -- and not make a change a few months before death.
 &nbsp;The earlier that people sign their <a href="http://www.trialandheirs.com/tv-special" target="_blank">wills and trusts</a>, the harder it is for disappointed relatives to successfully sue for mental incompetency or <a title="Trial &amp; Heirs Famous Fortune Fights!" href="http://www.trialandheirs.com/book" target="_blank">undue influence</a>.</p>
<p>These types of lawsuits are never easy on anyone. &nbsp;Hopefully, the 
Curtis family will come to a fair resolution sooner, rather than later.</p>
<p><em>By Danielle and Andy Mayoras, co-authors of&nbsp;<a title="Trial &amp; Heirs:  Famous Fortune Fights!" href="http://www.trialandheirs.com/book">Trial &amp; Heirs: Famous Fortune Fights!</a>, husband-and-wife legacy expert attorneys, and hosts of the national television special,&nbsp;<a title="Trial &amp; Heirs:  Protect Your Family Fortune" href="http://www.trialandheirs.com/tv-special">Trial &amp; Heirs: &nbsp;Protect Your Family Fortune!</a>
 For the latest celebrity and high-profile cases, with tips to protect 
yourself, your loved ones, and your clients, click here to subscribe to&nbsp;<a title="Danielle and Andy Mayoras of Trial &amp; Heirs" href="http://www.trialandheirs.com/">The Trial &amp; Heirs Update</a>. &nbsp;You can&nbsp;<a href="https://www.facebook.com/trialandheirs">"like" them on Facebook</a> and&nbsp;<a href="http://twitter.com/#%21/TrialAndHeirs">follow them on Twitter</a>.</em></p>
											</div> ]]>
        
    </content>
</entry>

<entry>
    <title>Did Conservatorship Save Britney Spears&apos; Life? </title>
    <link rel="alternate" type="text/html" href="http://www.bullypulpit.com/andrewanddaniellemayoras/2011/09/did-conservatorship-save-britney-spears-life.html" />
    <id>tag:www.bullypulpit.com,2011:/andrewanddaniellemayoras//68.3723</id>

    <published>2011-09-07T20:23:19Z</published>
    <updated>2011-11-08T21:28:06Z</updated>

    <summary> As Britney Spears nears her 30th birthday in a few months, she is in the midst of a world tour, has a successful new album, and tells Glamour Magazine that she is happy and &quot;in a really good place...</summary>
    <author>
        <name>Andrew &amp; Danielle Mayoras</name>
        <uri>http://www.trialandheirs.com</uri>
    </author>
    
    <category term="britneyspears" label="Britney Spears" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="conservatorship" label="conservatorship" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="estateplanning" label="Estate Planning" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="guardianship" label="guardianship" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="powerofattorney" label="power of attorney" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.bullypulpit.com/andrewanddaniellemayoras/">
        <![CDATA[<div class="entry-content">
						<p>As Britney Spears nears her 30th birthday in a few months, she 
is in the midst of a world tour, has a successful new album, and tells 
Glamour Magazine that she is happy and "in a really good place right 
now."&nbsp; There's even talk of her regaining at least partial custody of 
her children.&nbsp; Quite a turnaround from the public lows she hit just 
three years ago! &nbsp;And who does she thank for it?&nbsp; Her father, James 
Spears.</p>
<div id="attachment_2181" class="wp-caption alignright" style="width: 310px"><a href="http://blog.trialandheirs.com/wp-content/uploads/Britney-Spears-3.jpg"><img class="size-full wp-image-2181" src="http://blog.trialandheirs.com/wp-content/uploads/Britney-Spears-3.jpg" alt="" height="240" width="300" /></a><p class="wp-caption-text">Britney Spears at 2011 MTV Video Music Awards (Photo by Jason Merritt/Getty Images)</p></div>
<p>In fact,&nbsp;according to a friend of hers,&nbsp;Britney Spears credits her 
father for saving her life. How did he do it when she was so close to 
the edge -- bald head and all -- just a few short years ago?</p>
<p>James Spears has been Britney's conservator since 2008. &nbsp;This means 
he was appointed by a judge to make all of Britney's legal decisions, 
financial and otherwise, since that time.</p>
<p>Most people who are familiar with conservators (or guardians, as they
 are called in many states) think of them as being used for elderly 
people who are no longer competent. &nbsp;Indeed, the large majority of adult
 guardianships and conservatorships in our country are for senior 
citizens with dementia or Alzheimer's disease, or those with lifelong 
developmental conditions or a serious brain injury.&nbsp; Britney falls into 
none of those categories, and she seems to be functioning well in life 
now, so why does she still have a conservator, overseen by a court of 
law?</p>
<p>That's exactly the question that a company called Brand Sense wants 
to know. &nbsp;It sued Britney Spears and her father earlier this year 
because it claimed that it was shut out of $10 million in profits.&nbsp; 
Brand Sense says that it brokered the deal between Britney and Elizabeth
 Arden for her successful perfume line. &nbsp;In the lawsuit, the company has
 tried to take a deposition of Britney, during which its lawyers would 
question her under oath. &nbsp;But Britney's father and their lawyers 
prevented the deposition from happening, because of the conservatorship.</p>
<p>In other words, team Spears convinced the judge that Britney was not 
mentally competent to sit through the questioning. &nbsp;Brand Sense thinks 
that this is nonsense because Britney is able to perform in concert, do 
media interviews and parent her children. &nbsp;Surely, she can answer a few 
questions, the company's lawyers argued.</p>
<p>The judge disagreed. &nbsp;So then Brand Sense tried to obtain Britney's 
medical records to see if she really was mentally competent, or if she 
was hiding behind the conservatorship to avoid the deposition. &nbsp;Again, 
the judge ruled against them and Britney's medical records are staying 
private.</p>
<p>Not a bad deal for Britney, right? &nbsp;She gets to sing in concert, sell
 lots of albums and perfume, spend time with her kids, and not have to 
worry about things like lawsuits and depositions.</p>
<p>The problem is that she has no say over anything important in her 
life. &nbsp;She can't decide where to live, whether to have surgery, how to 
spend her money, or even, get married. &nbsp;That's right, even though she's 
been dating her boyfriend for years, and he wants to marry her, she 
cannot get married or make any other decisions of consequence without 
her father's permission.</p>
<p>According to&nbsp;<a href="http://www.radaronline.com/exclusives/2011/08/britney-spears-credits-dad-jamie-saving-her-life" target="_blank">Radaronline</a>,
 Jason Trawick, her current boyfriend and former agent, doesn't want to 
officially ask until the time is right, meaning after the 
conservatorship ends. &nbsp;Her father is said to be considering stepping 
aside as conservator, but not until early 2012, when her w0rld concert 
tour is over and she's back in safe and familiar surroundings.</p>
<p>Does this all make sense? &nbsp;Should someone who is not suffering from 
dementia, a development disability, or a brain injury, really need the 
protection of a conservatorship and have all of her life decisions taken
 away from her?</p>
<p>If you ask Britney, it did save her life. &nbsp;So the answer seems to be yes, in her case.</p>
<p>But, it's a dangerous path. &nbsp;There are countless examples of abuse in
 the guardianship and conservatorship system.&nbsp; While there are many 
instances where lives are saved, there are also those times that people 
are taken advantage of.&nbsp; And it even happens to those who can be helped 
by far less restrictive means than a court-ordered conservator or 
guardian taking over their lives.</p>
<p>The law does not make it easy for someone to obtain guardianship or 
conservatorship, unless the person they are trying to help really needs 
it, because doing so takes away so many legal rights of the protected 
person. &nbsp;Just because someone makes bad, or even unsafe decisions, does 
not mean that they qualify for having a court-ordered guardian or 
conservator. &nbsp;If they did, then every drug-addict and alcoholic in the 
country would need one.</p>
<p>Rather, these types of court proceedings are typically used for those
 who have a mental defect, caused by age, injury, or disability, not 
those who make bad choices.</p>
<p>Very few people would want to have court oversight and be unable to 
make decisions without getting someone else's permission. &nbsp;That's a big 
reason why proper&nbsp;<a href="http://www.trialandheirs.com/book">legal planning</a> is so important.</p>
<p>In fact, for most people, the very same protections can usually be 
achieved without any court proceeding, through the use of good power of 
attorney documents for medical and financial decisions. &nbsp;They are a 
basic, yet essential, part of any comprehensive&nbsp;<a href="http://www.trialandheirs.com/" target="_blank">estate plan</a>.
 But many people don't stop and think about needing legal documents to 
protect themselves in case they become disabled or incompetent.</p>
<p>That's what power of attorney documents do -- they enable you to 
choose someone,&nbsp;without&nbsp;a court proceeding, to act like a guardian or 
conservator and make your decisions if you are in a car accident, suffer
 from Alzheimer's disease or dementia, or otherwise become physically or
 mentally unable to protect yourself. &nbsp;If you, your loved ones or your 
clients don't already have up-to-date power of attorney documents in 
place, then it's critical to do so right away.</p>
<p>Certainly there are times -- as with Britney Spears -- that powers of 
attorney aren't enough to help.&nbsp; But those instances are the exceptions,
 not the rule.&nbsp; Every adult 18 years and older should have proper power 
of attorney documents, just in case.</p>
<p><em>By Danielle and Andy Mayoras, co-authors of&nbsp;<a title="Trial &amp; Heirs:  Famous Fortune Fights!" href="http://www.trialandheirs.com/book">Trial &amp; Heirs: Famous Fortune Fights!</a>, husband-and-wife legacy expert attorneys, and hosts of the national television special,&nbsp;<a title="Trial &amp; Heirs:  Protect Your Family Fortune" href="http://www.trialandheirs.com/tv-special">Trial &amp; Heirs: &nbsp;Protect Your Family Fortune!</a></em><em> </em><em>For
 the latest celebrity and high-profile cases, with tips to protect 
yourself, your loved ones, and your clients, click here to subscribe to&nbsp;<a title="Danielle and Andy Mayoras of Trial &amp; Heirs" href="http://www.trialandheirs.com/">The Trial &amp; Heirs Update</a>. &nbsp;You can&nbsp;<a href="https://www.facebook.com/trialandheirs">"like" them on Facebook</a></em><em> </em><em>and&nbsp;<a href="http://twitter.com/#%21/TrialAndHeirs">follow them on Twitter</a>.</em></p>
											</div> ]]>
        
    </content>
</entry>

<entry>
    <title>Simon Cowell Wants To Freeze His Body After He Dies</title>
    <link rel="alternate" type="text/html" href="http://www.bullypulpit.com/andrewanddaniellemayoras/2011/08/simon-cowell-wants-to-freeze-his-body-after-he-dies.html" />
    <id>tag:www.bullypulpit.com,2011:/andrewanddaniellemayoras//68.3722</id>

    <published>2011-08-31T20:14:50Z</published>
    <updated>2011-11-08T21:18:36Z</updated>

    <summary><![CDATA[ Simon Cowell, the former American Idol judge famous for freezing contestants in their tracks with his biting critiques, now says he wants to freeze more than that ... his body. After he dies, of course. &nbsp; In this recent...]]></summary>
    <author>
        <name>Andrew &amp; Danielle Mayoras</name>
        <uri>http://www.trialandheirs.com</uri>
    </author>
    
    <category term="cryonics" label="Cryonics" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="estateplanning" label="Estate Planning" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="familyfight" label="family fight" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="simoncowell" label="Simon Cowell" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="tedwilliams" label="Ted Williams" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="will" label="will" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="willsandtrusts" label="wills and trusts" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.bullypulpit.com/andrewanddaniellemayoras/">
        <![CDATA[<div class="entry-content">
						<p>Simon Cowell, the former American Idol judge famous for 
freezing contestants in their tracks with his biting critiques, now says
 he wants to freeze more than that ... his body. After he dies, of course.
 &nbsp;<a href="http://blog.trialandheirs.com/wp-content/uploads/Simon-Cowell.jpg"><img class="alignright size-medium wp-image-2173" title="Simon Cowell" src="http://blog.trialandheirs.com/wp-content/uploads/Simon-Cowell-204x300.jpg" alt="" height="300" width="204" /></a></p>
<p>In this recent interview with&nbsp;<a href="http://www.gq.com/entertainment/celebrities/201109/simon-cowell-interview-september-2011" target="_blank">GQ Magazine</a>, Cowell explains why he'd like to have his body cryonically frozen:</p>
<blockquote><p>"It's an insurance policy. &nbsp;If it doesn't work, it 
doesn't work. &nbsp;If it does work, I'll be happy. &nbsp;If it's possible, and I 
think it will be, why not have a second crack? &nbsp;Does that sound crazy? 
&nbsp;I think it's a good idea.</p>
<p>I have a feeling that if I don't do it now, I could regret this in 300 years' time."</p></blockquote>
<p>Setting aside the moral, ethical, and practical considerations of 
freezing someone's body in case medical research can ever find a way to 
restore life, what kind of legal complications can this cause for the 
family?</p>
<p>Plenty. &nbsp;How does this effect his estate planning? &nbsp;Will he want his 
money and assets held in trust so that he can use them if he is ever 
revived? &nbsp;Who is going to manage his&nbsp;<a title="Trial and Heirs Protect Your Family Fortune" href="http://www.trialandheirs.com/tv-special">family fortune</a> for the next 300 years or so? &nbsp;And will they even have black t-shirts available that far into the future?</p>
<p>On a more serious note, wanting one's body to be cryonically frozen 
can have more serious legal implications for the family. Remember what 
happened when famed baseball slugger Ted Williams passed away in 2002? 
&nbsp;His story is one we share in our&nbsp;<a title="Trial and Heirs Famous Fortune Fights" href="http://www.trialandheirs.com/book">book, Trial &amp; Heirs: &nbsp;Famous Fortune Fights!</a></p>
<p>When Williams died at the age of 83, one of his daughters wanted to 
follow his final wishes as spelled out in his 1996 will. The will stated
 that he wanted his body cremated and his ashes spread off the coast of 
Florida where the waters run deep. &nbsp;Sounds like a pleasant final resting
 place.</p>
<p>Williams' two other children from a later marriage, however, &nbsp;had a 
different idea. &nbsp;They wanted his body frozen and stored. &nbsp;Why? &nbsp;They 
felt that those were his true wishes, based on a grease-stained note 
from 2000 that Williams and those two children signed, while he was in 
the hospital. &nbsp;The note said they wanted &nbsp;a chance to be together again 
in the future in case medical science could bring them back to life.</p>
<p>The eldest daughter was appalled. &nbsp;She fought a lengthy court battle 
to enforce the will as opposed to the grease-stained note, which she 
felt was forged and didn't reflect Williams' actual wishes. &nbsp;She even 
accused her half-brother of wanting to freeze the Red Sox star's body so
 he could sell samples of Williams' DNA.</p>
<p>How did the fight end? &nbsp;The daughter fighting for cremation ran out 
of money and had to give up the battle, so Ted Williams was suspended in
 liquid nitrogen. &nbsp;According to Wikipedia, he's one of only about 200 
people who have used Cryonics, which is what Cowell says he wants to do 
too.</p>
<p>In most states, the law requires families to follow properly-recorded
 written burial and funeral instructions of the person who passed, or at
 least allows the deceased person to name an agent in writing to carry 
out those wishes. &nbsp;In other states, the next-of-kin makes the decisions,
 but generally they still follow someone's final wishes even when they 
aren't legally required to do so.</p>
<p>Additional questions are raised when the instructions over disposing 
of the body are unconventional. &nbsp;They can be challenged based on 
forgery, mental incompetence or undue influence, as we saw in the Ted 
Williams controversy. Certainly, when someone elderly or infirm writes 
bizarre instructions -- as with Williams -- it invites a fight over 
whether the instructions are valid.</p>
<p>People who want to use more creative or controversial funeral or 
burial methods should be sure to record those wishes sooner rather than 
later. &nbsp;The older someone is, the greater the chance is that someone can
 contest their wishes based on lack of mental soundness.</p>
<p>Certainly very few people have the inclination -- or the money (it 
costs hundreds of thousands of dollars to cryonically store a body 
indefinitely) -- to follow Williams and Cowell's freezing plan. &nbsp;But 
everyone should think through their burial and funeral wishes and 
properly document them. Whether you want to pursue cryogenic freezing or
 a more traditional burial and funeral plan, visit a good&nbsp;<a title="Trial and Heirs Speaking" href="http://www.trialandheirs.com/speaking" target="_blank">estate planning lawyer</a> to properly safeguard your final wishes.</p>
<p>Fights caused by improper estate planning can cause even the warmest 
families to freeze over. &nbsp;Don't let that happen to your family.</p>
<p><em>By Danielle and Andy Mayoras, co-authors of&nbsp;<a title="Trial &amp; Heirs:  Famous Fortune Fights!" href="http://www.trialandheirs.com/book">Trial &amp; Heirs: Famous Fortune Fights!</a>, husband-and-wife legacy expert attorneys, and hosts of the national television special,&nbsp;<a title="Trial &amp; Heirs:  Protect Your Family Fortune" href="http://www.trialandheirs.com/tv-special">Trial &amp; Heirs: &nbsp;Protect Your Family Fortune!</a></em><em> </em><em>For
 the latest celebrity and high-profile cases, with tips to protect 
yourself, your loved ones, and your clients, click here to subscribe to&nbsp;<a title="Danielle and Andy Mayoras of Trial &amp; Heirs" href="http://www.trialandheirs.com/">The Trial &amp; Heirs Update</a>. &nbsp;You can&nbsp;<a href="https://www.facebook.com/trialandheirs">"like" them on Facebook</a> and&nbsp;<a href="http://twitter.com/#%21/TrialAndHeirs">follow them on Twitter</a>.</em></p>
											</div> ]]>
        
    </content>
</entry>

<entry>
    <title>Death of Real Housewives&apos; Russell Armstrong Sparks Family Fight</title>
    <link rel="alternate" type="text/html" href="http://www.bullypulpit.com/andrewanddaniellemayoras/2011/08/death-of-real-housewives-russell-armstrong-sparks-family-fight.html" />
    <id>tag:www.bullypulpit.com,2011:/andrewanddaniellemayoras//68.3721</id>

    <published>2011-08-23T19:59:08Z</published>
    <updated>2011-11-08T21:00:20Z</updated>

    <summary><![CDATA[ Russell Armstrong was the 47-year old husband of Real Housewives of Beverly Hills cast member Taylor Armstrong. &nbsp;Tragically, Russell committed suicide on August 15th about one month after &nbsp;Taylor had filed for divorce. &nbsp;Russell was reportedly distraught over how...]]></summary>
    <author>
        <name>Andrew &amp; Danielle Mayoras</name>
        <uri>http://www.trialandheirs.com</uri>
    </author>
    
    <category term="divorce" label="divorce" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="estateplanning" label="Estate Planning" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="realhousewivesofbeverlyhills" label="Real Housewives of Beverly Hills" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="russellarmstrong" label="Russell Armstrong" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="suicide" label="suicide" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.bullypulpit.com/andrewanddaniellemayoras/">
        <![CDATA[<div class="entry-content">
						<p>Russell Armstrong was the 47-year old husband of Real 
Housewives of Beverly Hills cast member Taylor Armstrong. &nbsp;Tragically, 
Russell committed suicide on August 15th about one month after &nbsp;Taylor 
had filed for divorce. &nbsp;Russell was reportedly distraught over how the 
Bravo TV Show was going to portray him in this upcoming season. &nbsp;His 
unexpected suicide took his whole family by surprise. &nbsp;<a href="http://blog.trialandheirs.com/wp-content/uploads/Russell-and-Taylor-Armstrong.jpg"><img class="alignright size-full wp-image-2165" title="Hudson Jeans Sponsors 5th Annual Kidstock To Benefit One Voice Scholars Program - Red Carpet" src="http://blog.trialandheirs.com/wp-content/uploads/Russell-and-Taylor-Armstrong.jpg" alt="" height="300" width="209" /></a></p>
<p>The already sad situation turned even uglier a few days ago when 
attorneys for the family members began to argue, publicly, about his 
funeral. &nbsp;Russell's attorney told numerous media outlets that Taylor had
 not told Russell's parents or sister about the burial arrangements. &nbsp;In
 fact,&nbsp;<a href="http://www.radaronline.com/exclusives/2011/08/taylor-armstrong-fight-over-russell-funeral-with-family" target="_blank">he blasted Taylor and her attorney saying</a>:</p>
<blockquote><p>"I am deeply disgusted that Taylor would use her family 
law attorney to create cover, by lying to me over a period of days, on 
her behalf in writing that she would share the funeral location and time
 with my client's mother, father, sister and other family members. 
&nbsp;Instead, no one has contacted them and it is apparent now that Taylor 
is using this death to further injure the Armstrongs. &nbsp;As if filing for 
divorce was not enough, this act of cutting out his mom, dad, and sister
 is frankly, despicable."</p></blockquote>
<p>Taylor's attorney, of course, refuted these reports. &nbsp;Taylor 
originally said she wanted to bury Russell in a cemetery in Los Angeles,
 but the family insisted he be returned to them in Texas.</p>
<p>It now appears everything has been worked out. &nbsp;The two sides agreed 
that Russell's body was to be cremated and some of the remains given to 
his parents. &nbsp;Taylor will hold one funeral service for him in Los 
Angeles, and then his family will hold a second service in Texas.</p>
<p>Family fights after a loved one passes away are especially common 
when there is a divorce proceeding pending at the time of death. 
&nbsp;Legally, Russell and Taylor were still married, which made her the next
 of kin. &nbsp;This means that she had the legal right to determine when and 
how he would be buried and memorialized. &nbsp;Even though Russell may not 
have wanted her to make those decisions, that's the way the law works, 
at least in California and most other states.</p>
<p>And this may be just a preview of things to come. &nbsp;Because Taylor is 
the widow, she has certain rights to his Russell's estate. &nbsp;Depending on
 the status of Russell's estate planning, Taylor may now be in line to 
inherit the bulk of -- or even all -- of Russell's assets.</p>
<p>Fights over the estate of someone who passed away in the midst of a divorce are especially common. &nbsp;<a title="Dennis Hopper Estate Trial and Heirs" href="http://blog.trialandheirs.com/celebrities/the-dennis-hopper-trust-battle-is-getting-nastier">Dennis Hopper</a>
 is another notable example. &nbsp;And, as is evident from the Armstrong 
family, these fights aren't always about money. Emotions can run very 
high when there is a broken relationship followed by a sudden death.</p>
<p>That's why anyone in midst of a divorce should work with a good 
estate planning attorney and put their legal affairs in order even 
before the divorce is final. &nbsp;Otherwise, there is no telling what the 
estranged spouse may receive.</p>
<p>In&nbsp;<a title="Gary Coleman Trial &amp; Heirs" href="http://blog.trialandheirs.com/celebrities/will-there-be-a-fight-over-gary-colemans-estate">Gary Coleman's case</a>,
 for example, his ex-wife made the decision to terminate his life 
support, because she was still listed as the decision-maker in his 
advanced health care directive (which is like a living will).</p>
<p>Anyone going through a divorce should take extra precautions to update their estate planning ... the sooner, the better.</p>
<p><em>By Danielle and Andy Mayoras, co-authors of&nbsp;<a title="Trial &amp; Heirs:  Famous Fortune Fights!" href="http://www.trialandheirs.com/book">Trial &amp; Heirs: Famous Fortune Fights!</a>, husband-and-wife legacy expert attorneys, and hosts of the national television special,&nbsp;<a title="Trial &amp; Heirs:  Protect Your Family Fortune" href="http://www.trialandheirs.com/tv-special">Trial &amp; Heirs: &nbsp;Protect Your Family Fortune!</a></em><em> </em><em>For
 the latest celebrity and high-profile cases, with tips to protect 
yourself, your loved ones, and your clients, click here to subscribe to&nbsp;<a title="Danielle and Andy Mayoras of Trial &amp; Heirs" href="http://www.trialandheirs.com/">The Trial &amp; Heirs Update</a>. &nbsp;You can&nbsp;<a href="https://www.facebook.com/trialandheirs">"like" them on Facebook</a> and&nbsp;<a href="http://twitter.com/#%21/TrialAndHeirs">follow them on Twitter</a>.</em></p>
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