Tag Archives: Family disputes
Do It Yourself Wills: Will They Lead to More Litigation?
Here’s my prediction: do it yourself wills, also referred to as “homemade wills” or “online wills” or “internet wills” (I’ll refer to them in this blog post as “DIY Wills”) will result in a significant (though not massive) increase in estate litigation, but society won’t see that spike for another decade or two. What are DIY Wills? The term encompasses wills that can be created by filling in blanks on a preexisting template, usually found online. A variety of companies offer such a service for a price that is somewhat significantly reduced compared to what an estate planning attorney would …
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Who Would Inherit Darth Vader’s Estate?
Who would be the beneficiary of the estate of Darth Vader? The answer is more than just an exercise in Star Wars fiction; in fact, the answer can teach us important lessons about estate disputes in our real world. In case you did not read my earlier blog post, in which I asked the same question about Han Solo’s estate, you can find that post here. Note: for those who are not familiar with Star Wars, yet who want to follow along with the discussion below, it’s important to known that Anakin Skywalker and Darth Vader are the same person (Anakin …
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3 Strange Things About Prince’s Estate
There are several unusual factors at play in the drama that is unfolding surrounding Prince’s estate. This blog post discusses them and offers some tips so that you can hopefully avoid a similar situation. First, the most unusual factor is that no will or trust has been found. What’s so unusual about this, you ask? Don’t numerous celebrities pass away without an estate plan in place? Sure, some do. But what makes this so unusual is that Prince is not some unsophisticated doofus; rather, Prince is quite familiar with legal disputes and has apparently had extensive dealings with attorneys over the …
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The Fictional Fight Over Han Solo’s Estate
Who would be the beneficiary of the estate of Han Solo? Star Wars is obviously a fictional universe, and there is no indication in Episode 7 (or any other canon material that I’m aware of) that speaks to whether Han Solo had a will or not. Nevertheless, it’s both fun and educational to analyze the answer, because if the same laws in effect in Virginia were in effect in the Star Wars universe, Han Solo’s death would likely have set off a wave of litigation among numerous characters in a galaxy far, far away. First, let’s consider what assets Han …
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Top 10 Ways To Be Disinherited (And How To Avoid That) (Part 2)
This is Part 2 in the series of the top 10 factors that I’ve seen that lead to people being disinherited from a relative’s or friend’s estate plan. In Part 1, I discussed 5 of the 10 factors, and the following round out the final 5 factors. Knowing these factors will hopefully help ensure that you not only avoid being disinherited, but perhaps, more importantly, help ensure that you have deeper and more meaningful relationships with family and friends: 6) File a Guardianship and Conservatorship Action Against a Relative There are two main reasons why a person would file a …
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Top 10 Ways To Be Disinherited (And How To Avoid That) (Part 1)
I’ve handled over 100 estate disputes, and based upon my experience the following are 5 of the top 10 factors that I’ve seen that lead to people being disinherited from a relative’s or friend’s estate plan. I’ll follow this blog post with another one in the next week or two discussing the final 5 factors. Knowing these factors will hopefully help ensure that you not only avoid being disinherited, but perhaps, more importantly, help ensure that you have deeper and more meaningful relationships with family and friends: 1) Don’t Visit or Call Your Relative This is far and away the …
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Virginia Supreme Court Issues New Ruling Regarding Missing Wills
The Virginia Supreme Court recently issued a ruling relating to missing wills and the legal standard courts must apply when an original will cannot be found and therefore an executor seeks to probate a copy of the will. While the case does not necessarily make new law, it does clarify that the proponent of the non-original will is not required to prove why the original will was lost. First, some background: under Virginia law, a party seeking to probate a will must probate the original will, and not a photocopy. In the vast majority of instances, this does not pose …
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B.B. King’s Estate: Murder Allegations and the Slayer Rule
Two of B.B. King’s children have recently alleged that King’s business manager and personal assistant poisoned him prior to his death on May 14, 2015. The allegations surrounding the blues legend’s death implicate the slayer rule: a rule in the vast majority of states that provides that if a person is convicted of murdering a testator (the person who executed a will), the murderer cannot inherit any portion of the testator’s estate, but rather is deemed to have predeceased the testator for purposes of the distribution of the testator’s estate.
Why You Should Avoid Filming a Will Signing
With few exceptions, filming or recording a will signing is usually a bad idea. Nevertheless, some estate planning attorneys still film certain will signings under the assumption that videotaping a will signing will provide tangible “proof” that the person executing the will was not suffering from a lack of testamentary capacity at the time of execution. There are several reasons why, in most instances, this is a bad idea. First some background: in order for a will to be valid, the person executing the will (often referred to as the “testator”) must have “testamentary capacity” (which, in most states, is …
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Perfect Estate Plans (On Paper) Can Still Lead to Litigation
Having handled approximately 100 estate disputes, I’m frequently asked what people can do with their estate plans to try to prevent disputes from arising among their family members. Having a proper estate plan in place is unquestionably a key component to preventing a dispute among family members. But perhaps equally important is naming competent, honest people to the fiduciary positions in an estate plan. Here’s what I mean. The most well-written estate plan can’t prevent the following scenarios: a trustee who mismanages a trust, a trustee who refuses to inform and report to the beneficiaries as required by law, or …
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