Kansas and Missouri Estate Planning

What Should I Know Before Challenging a Last Will?

Contesting a will takes a toll on several levels.

Your loved one passed away.

You are heartbroken.

You learn you did not receive an inheritance or at least not what you were expecting.

You are confused.

Something seems fishy.

Should you contest the will?

According to a recent Forbes article titled “5 Things You Should Know About Contesting A Will,” you should weigh the costs and benefits before you act.

What should you know?

Contesting a will is costly.

Spoiler alert: attorneys cost money.

You will want an experienced estate litigation attorney to present your case.

Although you may find an attorney who will take your case on "contingency" (i.e., accept payment as a cut of your inheritance if you win), most will not.

People want to be paid for the work they do.

Surprise.

Be sure to budget the cost of a professional into your contest.

The process is stressful.

Money arguments are never fun.

They are made worse when relationships are involved.

Chances are there will be harsh words and accusations.

You may have rumors spread about you being an ungrateful money-grubber or worse.

You will likely be questioned by opposing counsel and even by the court.

Consider whether contesting a will is worth the conflict and anxiety.

You may need to act quickly.

You will be involved in the case even if you hire an attorney.

This means you will need to make decisions on strategy.

You may need to file a lawsuit immediately.

On the other hand, your attorney may ask you to request more information before filing a lawsuit.

You can then use the information "discovered" informally to decide how to move forward.

There is a limited window of time for you to contest a will.

Do not delay, if you are serious.

You may be offered a settlement.

After your attorneys have completed their discovery, they will educate you on the weaknesses and strengths of the case.

It is possible a settlement may be presented at this time.

Way are the benefits of a settlement?

If you have a weaker case, it is advisable to take what you know you can get.

A bird in the hand is better than one in the bush, right?

Even if your case is stronger, settling can save you time and money.

Wills contests are emotional.

Winning a will contest does not heal wounds or fix issues.

Your loved one is still gone.

Nothing will change this.

Before you act, be sure you are doing so for the right reasons.

Contesting a will is not for the faint of heart.

Be sure you are up for it before you take the plunge.

If you take a shot at a king, you better make sure you do not miss.

Reference: Forbes (May 21, 2018) “5 Things You Should Know About Contesting A Will”

What is the Latest on the Glen Campell Estate?

The estate contest has come to an end.

Finally.

The estate of Glen Campbell, like many celebrity estates, was subject to an estate battle.

The singer had left his entire estate to his wife and five of his children.

According to a recent The Tennessean article “Glen Campbell’s children give up challenge to singer’s will,” this denied three of his children an inheritance.

Not surprisingly, these three children decided to contest the will earlier this year.

Why?

They challenged their father's competency, claiming he lacked sufficient competency at the time he created the 2006 version of his will.

Some may consider this a plausible argument, considering he died of Alzheimer’s disease in 2017.

In the end, however, the case must have been unfounded because the three "disinherited" children recently agreed to dismiss their claims to his estate.

What does this mean?

The executors can move forward in settling the estate, including settling the issue of future royalties (which has not yet been addressed).

Do not delay to create your own estate plan, especially if you have a family history of dementia or Alzheimer’s.

Reference: The Tennessean (November 22, 2018) “Glen Campbell’s children give up challenge to singer’s will”

How do I Contest a Will?

The contents of some wills can come as a surprise.

Do you expect to receive an inheritance?

What happens if you do not?

Can you change this?

According to a recent Investopedia article titled “What To Do When You're Left Out Of A Will,” the answer is maybe.

Are you a family member?

Were you named in a previous version of the will?

What if the deceased discussed a different estate plan with you?

You should take a few steps.

Write down what you remember including dollar value of the assets mentioned.

What if numbers were not given?

Provide a low and high estimate.

Would the amount you receive at least cover your legal fees?

If the answer is no, you may want to drop it.

The fact is, the maker (the "testator," if male or "testatrix," if female) of the will gets the last say.

The courts by default tend to uphold the wishes of those who make wills after they die.

Are there exceptions?

Yes.

Do you have reason to believe the will was changed under insufficient mental capacity or under duress?

You can ask an executor to review previous asset lists and wills if he or she has not notified you of changes.

You can also get a copy of the probated will from the court.

Do forget that you have a limited amount of time to contest the will.

This will depend on the state in which the decedent resided.

Is suspicion enough to win a case?

No.

You will have the burden of proof.

Your attorney can provide advice and let you know whether you have sufficient grounds to bring a challenge.

She may recommend filing a "contest" to invalidate the current will in favor of a previous will.

What if you have been left out of multiple wills?

You will have to prove the others are invalid as well.

Are there other options?

Possibly.

A compromise may work.

This would be accomplished through mediation.

The benefits?

It could be settled faster and with fewer legal fees, possibly even preserving important family relationships.

Whatever you choose, be sure to count the costs to your time, finances, and relationships.

Reference: Investopedia (May 31, 2018) “What To Do When You're Left Out Of A Will”

What is the Dispute Over the Marvin Rush Estate?

When wealthy people die, heirs tend to fight.

Marvin Rush II may not be a household name.

He was not in movies.

He was not a singer.

He was a successful businessman.

According to a recent San Antonio Express-News article titled “Dueling wills filed over late truck dealer Marvin Rush’s estate,” his family is now fighting over the fruits of his success.

The widow of Marvin Rush and his son, W.M. “Rusty” Rush III, both filed competing wills with the courts.

Why?

Marvin Rush had built a large estate.

A big part of his estate was stock in his own Rush Enterprises.

How big?

There are more than 1,000 Rush Truck Centers in 22 states.

Company shares are worth an estimated $74 million.

In 2017, the company profits were $172 million on $4.7 billion in revenue.

Approximately 7,000 employees work for the company.

In short, his estate is worth a lot by any meassure.

His son filed a will from 2006 and his widow a will from both May and November of 2013.

The first will gave the shares to the son.

The latter wills did not.

Not surprisingly, Barbara claims to be the beneficiary of the Rush estate as provided in the latter wills.

Rush battled Lewy Body Dementia at the end of his life.

Rusty claims his father suffered from this when the new wills were made and lacked the competency to execute them.

Barbara adamantly denies this.

This estate battle is not expected to end overnight.

Reference: San Antonio Express-News (August 24, 2018) “Dueling wills filed over late truck dealer Marvin Rush’s estate”

Why is Reg Grundy's Estate Embroiled in Litigation?

Wealth tends to attract estate battles.

Many people want to be rich and famous.

Celebrities seem to have it all.

People envy them.

One thing no one envies?

Estate battles.

Many celebrities have contested wills.

According to The Daily Telegraph article titled “Reg Grundy’s daughter says he had Alzheimer’s when he cut her from will,” Reg Grundy is one of these unfortunate souls.

While alive Reg Grundy found success.

He was a television tycoon.

Australian shows like Wheel of Fortune and Neighbors were his creations.

Now, following his death at age 92, his estate is being contested.

What happened?

His 61-year-old daughter Kim Robin Grundy—also known as Viola La Vallette—is contesting his will.

Why?

Reg left the majority of his estate to his widow Joy Chambers-Grundy.

Kim wants a part of his $900 million estate even though she was estranged from her father for more than 20 years.

She claims he had Alzheimer’s disease and was not mentally competent at the time he made his will.

Is this true?

A definite answer does not exist at this time.

However, if you (or a loved one) are at risk of developing dementia, you should create a will as soon as possible.

This needs to be accomplished while you still have the capacity to make your own decisions.

Remember: “An ounce of prevention is worth a pound of cure.” When making your financial, tax and estate plans, do not go it alone. Be sure to engage competent professional counsel.

For more information about estate planning in Overland Park, KS (and throughout the rest of Kansas and Missouri), visit our estate planning website and be sure to subscribe to our complimentary estate planning e-newsletter while you are there.

Reference: Starts at 60 (August 6, 2018) “Reg Grundy’s daughter says he had Alzheimer’s when he cut her from will”

Why is George Michael's Lover Challenging the George Michael Estate?

The battle over the estate of singer George Michael may soon be over.

No one wants people to contest their will.

Rather, most of us simply want our final wishes to be honored and followed.

Unfortunately, this has not been the case for the estate of singer George Michael.

According to a recent MSN article titled “George Michael's lover is challenging his will after being left nothing, says cousin,” that lover, Fadi Fawaz, contested the will.

Fawaz and Michael had cyclical relationship of being together and being separated.

Fawaz was the one who discovered the body of George Michael in Michael's home on Christmas Day 2016.

If not to Fawas, then to whom did George Michael leave his assets?

He apparently divided his $137 million between his sisters Melanie and Yioda, some of his staff members, and a few charities.

Although Fawaz received money from Michael during his lifetime, he still believes he is owed more from the estate.

Apparently, the estate may reach a settlement with Fawaz to end the contest.

But wait, another partner of George Michael, Kenny Goss, is also contesting the will.

His concerns seem to be primarily related to the non-profit he and Michael founded together.

In addition to dealing with these will contests, the estate must also sell his three homes.

How will this estate saga end?

Time will tell.

Remember: “An ounce of prevention is worth a pound of cure.” When making your financial, tax and estate plans, do not go it alone. Be sure to engage competent professional counsel.

For more information about estate planning in Overland Park, KS (and throughout the rest of Kansas and Missouri), visit our estate planning website and be sure to subscribe to our complimentary estate planning e-newsletter while you are there.

Reference: MSN (July 29, 2018) “George Michael's lover is challenging his will after being left nothing, says cousin”

Has the Glen Campbell Estate Cleared Probate?

The Campbell estate still has a few details to sort out.

Serving as an administrator for an estate is no simple task.

Especially when your powers have been limited by the court.

According to a recent article in The Tennessean article titled “Glen Campbell estate 'paralyzed' as will contest looms, lawyers say,” this is exactly what happened with the Glen Campbell estate.

Stanley B. Schneider is the attorney serving as the administrator for the estate.

He claims his duties were limited to making mandatory payments and receiving money to be paid to the estate.

Stanley is seeking more authority to accurately estimate the value of the Campbell estate.

The estimate he derived came to about $410,000.

The earlier estimates were roughly $50 million.

I would say that is a bit of a discrepancy, yes?

Schneider is seeking authority to obtain a full valuation, including future royalties.

Schneider was appointed by the court because three of the Campbell children contested the will.

Campbell had made his wife the executor and a beneficiary with five of his children.

Until the court makes a decision on the will contest, the estate will be stuck in probate.

Remember: “An ounce of prevention is worth a pound of cure.” When making your financial, tax and estate plans, do not go it alone. Be sure to engage competent professional counsel.

For more information about estate planning in Overland Park, KS (and throughout the rest of Kansas and Missouri), visit our estate planning website and be sure to subscribe to our complimentary estate planning e-newsletter while you are there.

Reference: The Tennessean (July 2, 2018) “Glen Campbell estate 'paralyzed' as will contest looms, lawyers say”

What is the Latest on the George Michael Estate?

The estate of George Michael has yet to be settled.

George Michael had a number of complicated relationships.

He was romantically involved with both men and women.

Yet, he was never married.

According to a recent Trust Advisor article titled “George Michael Exes in Legal Fight,” these facts have made settling his estate a bit more complicated than a careless whisper.

How?

George Michael divided his estate between his sisters Yioda and Melanie.

Problem: two of his former lovers did not like this.

Kenny Goss was the partner of George Michael for 15 years.

Goss claims he is owed a large portion of the estate because he had provided support to George throughout their years together.

In turn, Goss claims George Michael had promised to take care of him financially.

Another challenge to the will has been brought by Fadi Fawaz.

Fawaz was the boyfriend of George Michael for five years before his death.

Since the death of his lover, Fawaz has been evicted from the mansion of George Michael.

Both Goss and Fawaz feel they deserve a stake in the estate.

Both have been excluded from the will.

What will happen?

Time will tell.

Remember: “An ounce of prevention is worth a pound of cure.” When making your financial, tax and estate plans, do not go it alone. Be sure to engage competent professional counsel.

For more information about estate planning in Overland Park, KS (and throughout the rest of Kansas and Missouri), visit our estate planning website and be sure to subscribe to our complimentary estate planning e-newsletter while you are there.

Reference: Trust Advisor (May 29, 2018) “George Michael Exes in Legal Fight”

What are "Nonintervention Powers"?

Nonintervention powers grant specific authority to estate representatives.

Do you want to bypass the probate court when giving authority to your estate representative?

If so, then nonintervention powers would be an option for you.

In a recent summary on justia.com titled “In re Estate of Rathbone,” the Washington Supreme Court upheld this practice.

What happened?

Ms. Rathbone nominated her son Todd as the personal representative of her estate with a nonintervention will.

Surprise.

Her other son Glen did not approve of how Todd was administering the will.

Consequently, Glen filed a petition to request an accountancy.

The Washington Court of Appeals ruled in favor of Glen, overruling how Todd interpreted the will.

Todd then appealed.

The Washington Supreme Court overturned the ruling from the Court of Appeals.

Why?

Ms. Rathbone had specifically created a nonintervention will.

Accordingly, the courts intervention went against the specific nonintervention desires of the testatorix, Ms. Rathbone.

Remember: “An ounce of prevention is worth a pound of cure.” When making your financial, tax and estate plans, do not go it alone. Be sure to engage competent professional counsel.

For more information about estate planning in Overland Park, KS (and throughout the rest of Kansas and Missouri), visit our estate planning website and be sure to subscribe to our complimentary estate planning e-newsletter while you are there.

Reference: Justia (Feb. 9, 2017) “In re Estate of Rathbone”

Can an Insurance Agent Designate Herself as Beneficiary?

Financial professionals should not use their influence to unethically increase their own wealth.

People do not inherently distrust professionals.

You seek the counsel of insurance agents because they have experience and knowledge you do not have.

Although most professionals are ethical, others use their influence to benefit themselves rather than their clients.

According to a recent The Milwaukee Journal Sentinel article titled “Insurance agent should give up $1 million received from client's policies, judge recommends,” one Wisconsin insurance agent is a prime example.

What happened?

LeRoy Ern was a reclusive man who died at the age of 92 from advanced dementia.

When he died, he left his assets to his insurance agent.

Sounds suspicious, right?

This was the thought of 11 of his 12 nieces and nephews.

As a result, they contested his 2009 will and his beneficiary designations.

The Milwaukee County Circuit court agreed.

What did the court find?

The court decided Blanche Berenzwieg took advantage of Ern to get his money.

She was the beneficiary of his annuities, even though she had no personal interest in his life.

She was also named the sole beneficiary under his will.

The will was drafted by an attorney who shared her office.

What a coincidence.

The result?

The judge ordered that the $1.6 million she inherited be frozen in the estate until the courts can determine a rightful heir.

The judge further ordered the state Insurance Commissioner to decide on an appropriate professional punishment.

His recommendation is to have Berenzwieg return the annuity proceeds, fine her $3,000, and revoke her insurance license.

Despite the conflict of interest, Berenzwieg claims she did not manipulate Erns into leaving her money and appointing her as the attorney in fact under his power of attorney.

As a professional, she should have known this was suspicious and helped Erns decide on other beneficiaries.

Remember: “An ounce of prevention is worth a pound of cure.” When making your financial, tax and estate plans, do not go it alone. Be sure to engage competent professional counsel.

For more information about estate planning in Overland Park, KS (and throughout the rest of Kansas and Missouri), visit our estate planning website and be sure to subscribe to our complimentary estate planning e-newsletter while you are there.

Reference: The Milwaukee Journal Sentinel (March 12, 2018) “Insurance agent should give up $1 million received from client's policies, judge recommends”