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Summer Reading
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It always amazes me the things that set off conversation at the beauty salon. It can be a phone call one of the women gets from her husband, an e-mail someone gets from a friend, a magazine article, in my case the other day, a book I was reading for this blog.
"What are they fighting about?" asked my stylist, Bridgette, noting the title, "Trial & Heirs: Famous Fortune Fights" by legacy expert attorneys Andrew and Danielle Mayoras.
"Dead people's money," I said.
"Who's in there?" she asked.
Heath Ledger, Flo-Jo, Sonny Bono, Martin Luther King Jr., former Supreme Court Chief Justice Warren Burger, former baseball great Ted Williams, Lady Diana. There are also stories of folks who did it right, like the late Ted Kennedy, and those who are still alive, like Whitney Houston.
I read aloud the account of the fight over the estate of Jimi Hendrix, who died in 1970 at age 27 of a drug overdose intestate, meaning without a will. The book talked about how the father who didn't raise Jimi ended up with his money and passed it on to a half-sister who barely knew Jimi, giving very little to the brother with whom Jimi was very close. The estate was finally settled, kind of, in 2004.
The book touched off a discussion that lasted for the two hours I was there. I wondered what precipitated its writing, so I reached out the authors via e-mail and they graciously responded to some questions.
1. What advice would you give to help people protect their part of a loved one's wealth?
The first step is open and frank conversation, and the second is working with a good attorney. Throughout "Trial & Heirs" we offer tips to avoid family fights and ideas to spark discussion to give people concrete ways to protect themselves and their families.
2. Could Hendrix's brother have done anything to protect himself?
It depends on who you believe. If you believe his half-sister, Janie, the best thing Leon, his brother, could have done would have been to not alienate his father, who, Janie said, grew tired of his demands for money. If, on the other hand, Leon was right and his father only disinherited him because Janie coerced him into doing so, Leon could have worked with a good attorney. Of course, if Leon had convinced Jimi to create a will or trust, then this probably would not have been an issue.
3. If you are cheated, how much faith should you put in the court system to do something about it?
The system is far from perfect, but you do have rights. Talk to a qualified attorney and see what they are. The system may be able to help you more than you realize, but don't expect it to be quick or easy.
4. Why did you write this book?
We wanted to encourage families to talk about wills and trusts, motivate them to do their estate planning, and help them avoid family fights. Using celebrity stories engages readers and translates an often uncomfortable subject into something entertaining.
It did. The book also ignited a lively discussion with family and friends during a holiday gathering. Everybody who has read or discussed it has pledged to get their financial affairs in order. You can't take it with you, so you want to organize your affairs so that they won't cause a hassle among your loved ones when you go.
By Avis Thomas-LesterEstate Mistakes: Where Heath Ledger And Princess Di Went Wrong
What do Princess Di, Marlon Brando, Heath Ledger, Jimi Hendrix and former Supreme Court Justice Warren Burger have in common? They all flubbed their estate planning, costing intended heirs money and/or grief, according to a readable (really) estate planning how-to book, Trial & Heirs. The new book uses these celebrity cliffhanger cases to dish out real-life advice.The mistakes these folks made run the gamut. Jimi Hendrix died without a will, leaving his close brother Leon with nothing. Supreme Court Chief Justice Warren Burger wrote his own will, which at 176 words left out basic tax clauses that could have saved $450,000 in estate taxes. Princess Di relied on a "letter of wishes" to give away belongings, and her godchildren got shortchanged.
"Everyday people can learn from these celebrity stories," says Andrew W. Mayoras, a probate litigator who wrote the book with his wife, Danielle B. Mayoras, an estate lawyer. "The cases are different only in terms of dollars and notoriety from the issues I see in my practice," he adds.
For example, in a case reminiscent of Princess Di's mistake, Mayoras is representing two of four adult children who are fighting over a typewritten list saying who gets what from their late mother's valuable collection of jewelry. The problem is, their mom didn't sign and date the list, which is something her living trust required. Enter the lawyers.
There would have been a way to avoid this messy fight, as is the case with many estate disputes. "The lady should have gone back to the lawyer who did the living trust and said, 'I want to do a list,' and he could have worked with her to do it the right way," Mayoras says. In Princess Di's case, she should have included such substantial bequests--stuff worth 100,000 pounds per godchild--in her will and not left the doling of her belongings to the discretion of her executors.
Some celebrities did try to head off problems. Just 18 months before he died, Ray Charles held a Christmastime family meeting with his 12 children and their nine different mothers. That saved the heirs some grief, and alerted them that he had prepared trusts for their benefit, but that he would leave most of his assets to charity. (Alas, his estate still became embroiled in fights over who would control the rights to his image, known as publicity rights, a major detail left out of his estate plan).
"The holidays are a great time to have those conversations," says Danielle Mayoras. Such family conversations should be an ongoing affair, as should the maintenance of your estate plan. "A lot of people go to an attorney, sign documents, walk away and think 'I'm done,'" she says. But if, for example, you have a living trust, you need to fund the trust by titling assets in the name of the trust going forward. If your estate is potentially taxable, you should consider giving away assets each year (each individual can give anyone $13,000 a year without worrying about federal or state estate or gift tax).
For more planning tips, see "Eight Steps To Protect Your Family."
In addition, you need to update your plan if you move, marry, divorce or have children. Out-of-date documents can lead to trouble. Heath Ledger didn't update his will after the birth of his daughter, Matilda Rose, so when he died at age 28, his assets went to his dad, which led to family disharmony before an eventual promise by the dad to take care of Matilda Rose.
When you do update, make sure you don't leave multiple, conflicting sets of documents or instructions. Eleanor Close Barzin, the daughter of Marjorie Merriweather Post (who during her life was often called America's richest woman) died in 2006 with multiple wills. As detailed recently by Forbes, the family is still caught in an estate fight, with lawsuits or estate matters filed in Washington, Baltimore, New York, Paris and Switzerland.
Has your family ever gotten into a fight over an estate? Talk about it in our Comments section.
Another battleground can develop if an executor--the person in charge of the estate--doesn't seem to be doing right by the deceased. Tobacco heiress Doris Duke, who died in 1993 with a fortune estimated at $1.3 billion, named her butler as executor and as trustee for a huge charitable foundation. After the butler's lifestyle and spending habits were called into question, he was removed from his duties by a probate judge, then reinstated by New York's highest court. A settlement agreement created a board of trustees to manage the foundation.
Duke should have realized her butler wasn't equipped to manage a billion-dollar foundation. Pick your executor and trustee carefully. Don't just pick the oldest child or closest relative, but someone you trust who is competent for the task and willing to do the job right--and is ready to take on any fortune fights.
Ashlea EbelingEstate planning lessons from the stars
Everyone loves a good mashup. Whether the two worlds colliding are Jay-Z with the Beatles, books with video or Wi-Fi café/bookstores (genius!), Charles Darwin himself would be proud of these rapidly multiplying examples of interbreeding of diverse "species" spawning ever more robust progeny.
In that vein, "Trial and Heirs: Famous Fortune Fights" ... and what you can learn from celebrity errors -- from married estate planning and probate attorney team Andrew and Danielle Mayoras -- is the ultimate mashup of voyeurism into celebrity financial scandals and simple, sound estate planning advice.
If TMZ and Bankrate.com had a literary baby, it would be "Trial & Heirs."
"Trial and Heirs" transforms the potentially eye-glazing, mind-numbing, but obligatory topic of estate planning into an easy-to-read, sometimes comic but always tragically entertaining foray into how the everyman (and woman) can avoid the common asset protection gaffes rendered disastrous in the big-money context of celebrity fortunes.
Sneaking an estate-planning tutorial into a set of case studies of celebrity estate fiascoes, each chapter of "Trial and Heirs" offers not only the facts of the titular "Famous Fortune Fight" being used to illustrate a particular lesson, but also breaks out the moral of each story into "Avoid a Family Fight" tips and offers an educational set of sidebars throughout that convert the legalese of estate planning and probate trials into layperson's terms.
Don't let the cover's cartoonish caricatures of Michael Jackson, Anna Nicole Smith and Princess Diana fool you -- this book offers quite a comprehensive, meticulously organized set of need-to-knows and cautionary tales on how to protect your assets for your demise.
Section I is all about wills, and examines the basics, pros and cons, and logistics of the age-old estate-planning document in chapters with titles such as "Is This a Will or a Napkin?"
Each topic and lesson is vividly demonstrated by a story of a celebrity will, covering the post-demise dramas of personalities ranging from Howard Hughes to Heath Ledger.
In Section II, the preferred asset-protection vehicle, a living trust, is explored. The Mayoras again proceed systematically through the basic whats, hows and whys, this time covering the logistics of living trusts, and hanging each lesson on a famous estate battle, past or current.
The authors encourage conscientious attention to estate matters via properly creating and funding a living trust as a means of demonstrating care for family members by helping them avoid the monetary and emotional vampires of will probates and contests later on.
The Mayoras also encourage creative use of living trust clauses and stipulations to ensure that your values for your descendants outlive you, as with the authors' own client, a plumber made very good, who made sure his grandchildren would maintain a strong work ethic by limiting their inheritance to a match of what they earned in any given year (with exceptions for good cause).
Section III, "People Are Crazy, Relatively Speaking," offers a primer on mental competency and undue influence -- the primary issues contested in many probate court battles.
In Section IV, which covers disputes over assets owned jointly, life insurance proceeds and gifts, the Mayoras let the tales of Princess Di, Whitney Houston's father, and Marlon Brando demonstrate that relying on "asset planning shortcuts" is inadvisable, to say the least.
And Section V rounds out "Trial & Heirs" with a set of guidelines on selecting and avoiding problems with executors and trustees.
While the majority of the book's case studies arise from big-dollar, big-exposure famous cases, there are a number of real-life, real-world examples of the authors' own clients and common-sense planning tips for "normal-sized" estates thrown in for good measure.
For example, readers who wish to provide for disabled relatives without disqualifying them from their medical and disability benefits are schooled about special-needs trusts.
"Trial & Heirs" manages to accomplish a stunning trifecta of near impossibilities for a book about estate planning. Not only does it entertain, it deeply educates and also galvanizes readers into taking action to protect their families and their legacies.
Tara-Nicholle Nelson is author of "The Savvy Woman's Homebuying Handbook" and "Trillion Dollar Women: Use Your Power to Make Buying and Remodeling Decisions." --Inman News, November 24, 2009When I received a complimentary copy of Trial & Heirs: Famous Fortune Fights, I was skeptical. I'm not a tabloid fan and haven't paid much attention to celebrity fortune battles. I looked at the cover with amusement - catchy and colorful, I thought. That will grab a browser's eye. So will the title.
What surprised me, was when I flipped through the book, I realized there was so much more than flash. This book is packed with information for readers who just want to know if they can get a cheap will from an online source or not. It's for people who don't have millions, but want what they have to go to the right people with the least amount of hassle.
Because I repeatedly hear sad stories from adult children who have parents with dementia, I push people to get their legal work done. Leaving your family with a mess like this isn't loving. Not being a person with tons of assets to leave, I have not investigated many options other than the basics: A Power Of Attorney, a Health Directive (POA for health) and a will. This book has opened my eyes.
It's so well written and fun that even a person like me, who hates money talk, can enjoy it. And anyone reading it will learn a great deal. Trial and Heirs, written by Danielle B. Mayoras, Estate Planning Attorney, and Andrew W. Mayoras, Probate Attorney, is a good read and great education.
Most impressive is that facts about a touchy subject matter are presented in such a clear and entertaining manner. Very easy for the common person to understand and benefit from all the good advice. Common sense with a sense of humor!
Karen Baldwin -- Producer of "RAY," The Ray Charles Story
--Professional endorsement, September 18, 2009Many people have asked how many celebrity stories are in the book Trial & Heirs: Famous Fortune Fights!
There are 42 total stories in the book, which are listed below. The first ones are "famous" names... but they're all interesting stories that teach various legal lessons.
TRUE STORIES about FAMOUS PEOPLE:OTHER TRUE STORIES with a lesson:
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