The Wiewel Law Firm

Legal Battles Continue over Singer’s Estate

Instagram messages create challenges for French court.

French entertainer Johnny Hallyday, who died in 2017, left behind testaments and Instagram messages causing some major court issues, according to The New York Times in “French Rock Star’s Instagram Defeats His Widow in Inheritance Battle.”

Hallyday, a rock singer for more than 60 years, started using Instagram in 2012 and shared a mix of his personal and professional life with fans. Instagram has helped two of his children defeat his widow in the first stage of an estate battle, for an estate that the French news media values at tens of millions of dollars.

Two testaments were found in a safe deposit box when Hallyday died. One, which was written in Los Angeles, appointed his wife Laeticia as sole heir and manager of his estate. The will completely excluded his grown children from two prior relationships, David Hallyday and Laura Smet. This is not permitted under French laws of inheritance.

The two children have been fighting to prove that their father lived most of his life in France, and not in the United States.

Laeticia, who was the singer’s fourth wife, told a court outside of Paris that Johnny had settled in Los Angeles in 2007, their daughters Jade and Joy went to school in Los Angeles and he had received a green card in 2014. Court documents also reflect her telling about his fascination for Elvis Presley and American culture.

However, his son David offered something that was a bit more concrete: a chart of where the couple spent their time from 2012 to 2017 based on Johnny’s Instagram posts.

The chart revealed that Johnny spent at least 151 days in France in 2015 and 168 days the year after. He then spent eight straight months in France, mostly because of his illness, before his death in 2017.

The court accepted the children’s argument, ruling that it, and not an American court, had the competence to make decisions on Johnny’s estate.

The battle over the inheritance includes the performer’s rights on more than 1,000 songs, as well as properties in France, California and on St. Bart’s in the Caribbean. The French public has been fascinated by his life and now, by the estate battle. An estimated 15 million people watched a tribute to him in Paris after his death, when he received a hero’s tribute.

This case is an example of how social media and the law intersect. As we live more and more of our lives online, social media posts are increasingly being used as evidence.  

Reference: The New York Times (May 29, 2019) “French Rock Star’s Instagram Defeats His Widow in Inheritance Battle.”

Some Common Estate Planning Mistakes Best Avoided

What might happen if you have the talent for success but not the talent for business?

As can often be the case, many extremely talented people accumulate large estates and they often are not prepared to take on the task of organizing the transfer of assets, according to the Reno Gazette Journal in “Yes, even celebrities make estate planning mistakes.”

Here are the top four biggest mistakes:

No will. Biggest names: Prince, Aretha, Amy Winehouse and that is just a few. That means your affairs aren’t in order and your loved ones are not protected. Winehouse left an unwritten song about her finances, but she also left a $6.7 million estate. She had a brother and an ex-husband, but no direction as to who should get what. Without a will, her estate went through the probate process and was distributed to her parents. You need to have a will to name guardians of your minor children and ensure that your assets are distributed, according to your wishes.

Not setting up a trust. Celebs want their glamorous red-carpet photos all over Instagram and Facebook, but that doesn’t mean they want their personal finances to become public record. A will is a public document and a living trust keeps things private. There was more than one tragedy that followed Whitney Houston’s death. Her will named Bobbi Kristina Brown as her sole beneficiary. However, her daughter died three years later. Then her estate was tangled up with an IRS battle over the valuation of recording royalties. The bill from the IRS: $2.2 million in additional taxes. Her ex, Bobby Brown, may yet end up the heir of the Houston estate. That may not be what Whitney wanted.

A living trust keeps your estate private. It designates who is entitled to your assets, and how they are to receive them. It names trustees, and may provide tax benefits.

Not keeping the plan up to date. Life is all about change. Financial conditions, health, family relationships, divorce, marriage, birth, adoptions, estrangements: everything changes. The world-famous author Michael Crichton, author of Jurassic Park and many, many other best-sellers, was diagnosed with throat cancer, when his sixth wife was pregnant. His will was not updated. She had to sue to include the baby as an heir, and a daughter from a prior marriage opposed it. The judge ultimately ruled that the baby should inherit. However, simply updating his will would have taken care of everything, minus the resulting stress, cost and rancor.

Disabled before death. Estate planning is for the living also. You may be disabled and need help in managing your financial affairs. One out of 10 people over age 65 are diagnosed with Alzheimer’s disease, then at age 85, the rate skyrockets to one out of three. One celebrity whose dementia led to a nasty family rift was Etta James, the blues singer best known for the classic “At Last.” She had signed power of attorney over to a son from a prior marriage in 2008. Her husband of more than 40 years said that she was already suffering from dementia and was not competent to sign any legal documents. The son wanted to limit the amount of money the singer’s husband spent on her medical care. They finally settled, and her husband was named as conservator. However, he was given a limit of $350,000 for care for his wife. Etta James passed away shortly thereafter.

Celebrities are not the only ones who make enormous mistakes, when it comes to estate planning. However, they are the ones that we read about.

An estate planning attorney can advise you on creating an estate plan that fits your unique circumstances and can help you avoid those costly mistakes.

Reference: Reno Gazette Journal (Nov. 14, 2018) “Yes, even celebrities make estate planning mistakes”

Robert Indiana’s Estate Won’t Be Settled Soon

The settling of the pop artist’s $60 million estate is likely to take years.

Attorneys for artist Robert Indiana’s estate have a lot of questions for people close to the artist about the handling of his assets. That is expected to take a long time to get squared away, according to the Associated Press in “Untangling pop artist Robert Indiana’s estate may take years.”

The process of sorting out the assets and getting the museum started, may be delayed for at least two years because of a lawsuit that alleges that Indiana’s caretaker and an art publisher took advantage of him and produced forgeries of his work. The pair deny the accusations.

The lawsuit was filed by the company that owns the copyright to several of his most famous works.

The artist died at age 89 in May at his home on Vinalhaven Island, off the coast of Rockland, Maine.

Jamie Thomas, Indiana’s caregiver and power of attorney, acknowledged receiving more than 100 pieces of Indiana’s artworks as gifts over the years. Testimony suggested he was also paid about $490,000 and withdrew $615,000 at the request of the artist during the final two years of Indiana’s life. Thomas also received $35,000 for a car.

Indiana’s will stated that he wanted Thomas to run the museum.

Thomas’ attorney says there’s far more to the story and that more details will be revealed.

After the success of his LOVE sculpture, Indiana retreated to Maine. His desire for solitude was almost as legendary as his art.

Indiana was described as a quirky guy, “Even within the realm of artists,” said Michael McKenzie, the art dealer mentioned in the lawsuit. McKenzie worked with Indiana over the years to print and fabricate his artwork.

The lawsuit raised further questions. An FBI agent investigating possible art fraud has requested an autopsy. The state medical examiner’s office has said that Indiana’s death was not suspicious, although at the current time, the official cause of death is “undetermined.”

As the years went by and Indiana aged, friends became concerned about his well-being.

The attorney for the estate said it is disappointing that it will take so long to fulfill the request made in his will. Transforming his home into a museum and displaying his artwork, is expected to cost about $10 million. The house, listed on the National Register of Historic Places, is in a state of disrepair.

An estate planning attorney can advise you in creating an estate plan that fits your unique circumstances.

Reference: Sioux City Journal (Sep. 12, 2018) “Untangling pop artist Robert Indiana’s estate may take years”

Author Nora Ephron was Good at Estate Planning

Meryl Streep had little time to prepare for her role, but gave a truly fine performance.

Nora Ephron, author of many fine films, turned out to be an expert when it came to planning her “exit” with detail, according to Next Avenue in “What Nora Ephron Can Teach Us About Planning a Funeral.”

Ephron’s attention to detail came as no surprise to her friends and family, although her death did come by surprise. The meticulous care in which she planned her memorial was true to character. She gave it a title: “A Gathering for Nora” and set it out in a folder labeled “Exit.” It was thoughtful, personal and helped her family and friends grieve more effectively.  However, you don’t have to be a celebrated author to do this kind of planning. You can—and should—write down your wishes in your estate plan.

Most people don’t. A study conducted by the National Funeral Directors Association found that while nearly 75% of Americans know it’s important to have a plan that is communicated before death, only about 25% do so.

 However, some plan a very personal exit. Designer Alexander McQueen’s memorial service at London’s St. Paul’s Cathedral was as chic and au courant as any of his designs.

Funerals are typified by five “anchors”—significant symbols, a gathering community, ritual actions, cultural heritage and transition of the remains. Add another anchor: planning.

Here are lessons from Norah Ephron:

Decide what you want. Address key questions like:

• Do you want to be buried or cremated? If cremated, where do you want your ashes to go?
• Do you want a funeral or memorial service? Graveside service or a chapel?
• What, if any, religious ceremony do you want?
• How do you want your family and friends to grieve your loss or to celebrate your life?

Prepare for the financial aspect of your funeral. Consider prepaying, so that loved ones won’t be scrambling to pay for the funeral, which average from $8,000 to $10,000 and up. One widely available option: a small insurance policy dedicated for the cost of the funeral or a Payable on Death (POD) account set aside for that same reason.

Don’t be afraid to plan your funeral. You can be as structured and specific as you want, and your loved ones will be relieved to not need to make any further decisions. Want to share a specific song or a prayer? Put it in your instructions. Ephron listed who she wanted to speak and for how long.

Planning your funeral in advance, along with having an estate plan prepared in advance, will let your family and loved ones know that you cared enough to prepare, so that they would be spared the heavy lifting that comes when there are no plans in place.

An estate planning attorney can advise you in creating an estate plan that fits your unique circumstances and can include your funeral plans.

Reference: Next Avenue (Aug. 31, 2018) “What Nora Ephron Can Teach Us About Planning a Funeral”

Celebrities Facing Life Changing Event? Think about an Estate Plan

Celebrities including Marlon Brando, Prince and Florence Griffith-Joyner should have had up-to-date estate plans.

It is not just celebrities who make big mistakes, when it comes to failing to keep an estate plan up to date, according to Kiplinger in “6 Estate-Planning Mistakes Celebrities Made.”

It could happen to anybody, including your family, if you don’t update your estate plan on a timely basis. Making sure that your assets and prized possessions end up with the right people, requires more than just having a will created. Many accounts have designated beneficiaries, like IRAs and 401(k) accounts, and insurance policies. If the person designated to be a beneficiary is an ex-spouse or a family member from whom you’re estranged, then it won’t matter: the named beneficiaries supersede anything contained in your will.

Just as everything about celebrity lives is oversized, so are their estate planning mistakes.

With no will, Prince died intestate. A judge in Minnesota made the decisions about his assets and there were significant delays due to people who claimed to be his heirs. It has been two years since his death and heirs have yet to receive their inheritances.

Singer Barry White died in 2003, while he was separated but not divorced from his second wife. She inherited everything. His live-in girlfriend of several years and his nine children received nothing. The legal battle got ugly with his girlfriend, daughter and son all filing lawsuits. Until you are legally divorced, you are still married, as far as your estate is concerned. Update your will, your financial and healthcare power of attorney and check your beneficiary designations. Don’t wait.

When actor Heath Ledger died, his will left everything to his parents and three sisters. His daughter and her mother were left with nothing. His family later gave all the money from the estate to his daughter. Use life-changing events, like the birth of a child, as reasons to review and update your estate planning documents.

Olympic sprinter Florence Griffith-Joyner died at age 38. It was believed that she had a will.  However, no one could find it. The legal battles between her husband and her mother went on for years. Most estate planning attorneys will keep a copy of your will and other estate planning documents on file.  However, you should also keep the original documents in a safe, readily-accessible place and tell at least two people where they are located.

When acting legend Marlon Brando died, he left most of his approximately $26 million estate to his producer and other associates. A long-time housekeeper said that Brando had promised to give her his home when he died, but he never put it in writing. She sued the estate for the value of the home plus $2 million in damages. The case settled three years later for $125,000. If you are making promises to people that you wish to take care of, put those in writing.

Pop icon Michael Jackson’s death set off a long series of legal battles over his estimated $500 million estate. He had created a revocable living trust designed to pass his wealth to his children and his mother, when he passed.  However, he never funded the trust. His entire estate had been left outside of the trust. That meant that it had to go through the probate process, while his children and mother lived on an $8 million annual allowance managed by the estate’s executor and a judge.  There were also many legal challenges from creditors and family members.

An estate planning attorney can advise you in creating an estate plan that fits your unique circumstances.  It is important to keep it up to date, especially in the event of life-changing events.

Children Can Contest Glen Campbell’s Will

The challenge will be to prove that Campbell, who was diagnosed with Alzheimer’s disease, lacked the capacity to execute the wills.

Three of Glen Campbell’s children, who were intentionally left out of his will, have been given the right to contest the will by a judge, according to Wealth Management.com in “Glen Campbell’s Kids Come After the Rhinestone Cowboy’s Estate.”

Campbell, who recently passed away, left two wills from 2001 and 2006. The 2006 will names Campbell’s fourth wife Kimberly, who is the executor of the estate, and five of Campbell’s other children as his beneficiaries. Campbell went public with his Alzheimer’s diagnosis in 2011.  However, it’s not known how far back his illness began. The legal burden facing his children: prove that he lacked the needed capacity to execute both wills.

If the will is deemed invalid because of lack of capacity or undue influence, the immediately preceding will is resurrected, said one estate planning attorney who is not affiliated with the case. The previous will probably disinherited them also, which is why they must prove the invalidity of both wills.

Kimberly has told a local newspaper that she would not challenge the kid’s right to contest the wills and the judge’s decision noted the lack of opposition. She has also filed a claim seeking reimbursement from the estate for more than $500,000 to cover the cost of his medical care.

It was also reported that one of his daughters, Debbie Campbell-Cloyd, has filed for a complete accounting of all payments made by the estate, as well as payments to and from a previously undisclosed bank account. She alleges that royalties that should have been deposited into an account controlled by Campbell’s estate, were instead deposited into this account, which is now controlled by Kimberly. The singer’s former manager has power of attorney over the account.

An estate planning attorney can advise you in creating an estate plan that fits your unique circumstances and may include a blended family.

Resource: Wealth Management.com (Aug. 2, 2018) “Glen Campbell’s Kids Come After the Rhinestone Cowboy’s Estate”

Anthony Bourdain’s Estate Plan Goes Public

The estate includes assets as well as frequent flyer miles … and where they will go.

There is considerable interest in the estate of celebrity Anthony Bourdain and it is getting even more interesting, according to Forbes in “How Anthony Bourdain’s Estate Plan Reflected the Two Most Important Parts of His Life.”

The reports that his net worth was only $1.2 million grabbed a lot of attention. It shouldn’t have surprised anyone, because Bourdain regularly said that until his 40s, he lived paycheck-to-paycheck. What’s really interesting from the estate planning perspective, is how he expressed his wishes in his will. The details became public, because it was probated.

Bourdain made provisions for his only child, who will inherit the bulk of his wealth. He also seemed to have been influenced by the enormous amount of travel his career required. What is interesting is that he passed his frequent flyer miles to his estranged wife “to dispose of, in accordance to what she believes to be his wishes.”

Those who travel often and have large frequent flier miles, award points and perks, often overlook them as part of their estate plan. They are often valuable and should be addressed in estate planning.

However, passing along airline points is not as easy as filling out a beneficiary form. Each airline has their own policies so you may have to fill out a form for each one. Loyalty programs are basically contracts with a company and you’ll need to read the fine print, since not all airlines allow their points to be assigned. The selection of beneficiaries also may be limited by the airline.

Bourdain’s very public profile makes it unlikely any airline would refuse to honor his request to transfer those points. Because he carefully documented his desire to leave his frequent flier miles to a specific beneficiary, it’s even more likely his points will transfer without too much fuss.

Reference: Forbes (July 6, 2018) , “How Anthony Bourdain’s Estate Plan Reflected The Two Most Important Parts of His Life.”

Buzz Aldrin Fights Family over Charges of Dementia

Despite claims by his family, the second man to walk on the moon fights back.

Buzz Aldrin, the 88-year-old astronaut, who was second to walk on the moon, has filed a lawsuit accusing two of his own children and his former manager of taking advantage of their roles in managing his assets, according to MarketWatch in “Buzz Aldrin is fighting his family’s claim of dementia—revocable trusts can be flawed.”

Aldrin says the Buzz Aldrin Space Foundation is using its resources against his wishes, by funding “future educational endeavors,” instead of current ones.

The lawsuit claims that the family and former manager have forbidden him to marry someone.  It also contends that they are moving money from his accounts without his consent or knowledge, in some cases moving money to his company, Buzz Aldrin Enterprises. His children said in a statement that the allegations are a result of the increased confusion and memory loss he has experienced in recent years. They say this can be refuted by witnesses and bank or business records. They asked a Florida judge to appoint them as co-guardians because of his reported decline, so they can make decisions on his behalf.

Aldrin has a revocable trust with his son Andrew named as a trustee, which states that Andrew must give written permission before any changes can be made. Aldrin was scheduled to take a competency test in June, although the results have not been released yet.

Revocable trusts are great tools to avoid probate and allow the owner to remain in control, while they are alive. They can also be used to state who will take care of your children.  They provide flexibility for your wishes after death.  However, they are not always the best protection.

It works well, if a family sits down and has a conversation, while the person is still fully functioning. This allows them to be part of the decision-making process.

Reference: MarketWatch (July 2, 2018), “Buzz Aldrin is fighting his family’s claim of dementia—revocable trusts can be flawed.”

Separation Can Challenge Estate Plan

Spouse retains full rights to estate, unless there is a divorce.

There were two deaths in the celebrity world recently that involved separations, highlighting a peculiar issue in estate law, according to Forbes in "Kate Spade, Anthony Bourdain And Estate Planning When You Are Separated."

The deaths were of fashion designer Kate Spade and celebrity chef Anthony Bourdain, who committed suicide while being separated from their spouses. If Spade and Bourdain had gotten divorces, then their spouses would not be entitled to any portion of their estates. If the spouses were included in the estate plan, they would be constructively written out by a court. However, that does not happen when a couple is separated.

The spouse of the deceased retains full rights to the estate. That means if there is no estate plan, the spouse will normally receive the entire estate through the laws of intestate succession. If there is an estate plan, then the spouse receives anything the plan says he or she gets. If the spouse does not receive enough of the total assets of the estate, then the spouse can elect to take his or her spousal elective share (the amount varies between states).

Reference: Forbes (June 12, 2018) "Kate Spade, Anthony Bourdain And Estate Planning When You Are Separated."

Michael Jackson Estate Files Another Lawsuit

The estate has filed many lawsuits. This time it is suing the Walt Disney Company over a documentary.

The Walt Disney Company is being sued by the Michael Jackson estate, over a documentary that includes footage of his two children, plus short clips of two of his songs. Disney claims it did not need permission because it is a documentary, according to TMZ in "Michael Jackson Estate Sues The Walt Disney Co. You've Got Balls For Exploiting MJ's Kids!!"

The estate does have a duty to protect any copyrights entrusted to it but is has filed many lawsuits over the years and remains in litigation. As a general rule, if someone were to make a movie and use an entire Michael Jackson song in it, then the estate would need to file a lawsuit, if the song had been used without permission. However, in this case the estate might be a little overzealous.

Copyright does allow for the use of material without permission, if that use falls under the fair use doctrine. Doctrine normally does allow for short clips of material to be used and more material can be used, if it is done for educational purposes.

Reference: TMZ (May 30, 2018) "Michael Jackson Estate Sues The Walt Disney Co. You've Got Balls For Exploiting MJ's Kids!!"