Estate Litigation

Dad’s Will and Trust at Odds?

Published on: February 17, 2020 | By McCulloch & Miller, PLLC

A will and a trust are separate legal documents that typically share a common goal of facilitating a unified estate plan. While these two items ideally work in tandem, since they are separate documents, they sometimes run in conflict with one another–either accidentally or intentionally.

A revocable trust, commonly called a living trust, is created during the lifetime of the grantor. This type of trust can be changed at any time, while the grantor is still alive. Because revocable trusts become operative before the will takes effect at death, the trust takes priority over the will, if there is any discrepancy between the two when it comes to assets titled in the name of the trust or that designate the trust as the beneficiary (e.g., life insurance).

A recent Investopedia article asks “What Happens When a Will and a Revocable Trust Conflict?” The article explains that a trust is a separate entity from an individual. When the grantor or creator of a revocable trust dies, the assets in the trust are not part of the decedent grantor's probate process.

Left Out of Dad’s Will, Court Awards Son $15 Million

Published on: July 25, 2019 | By McCulloch & Miller, PLLC

The fight over Conrad Prebys’ $1 billion estate continues, three years after the San Diego developer and philanthropist died.

When the directors of the Conrad Prebys Foundation decided to give his son Eric $15 million, despite the fact that his father had left him out of the will, Preby’s longtime partner tried to sue them.

The San Diego Union-Tribune reported in the article “Court fight continues over control of $1 billion Prebys estate,” that in January, a San Diego Superior Court judge dismissed Debra Turner’s suit, holding that she had no legal standing to bring it. She then filed an amended complaint. However, the judge recently dismissed her lawsuit.

Overturned Will Costs Cab Driver Hefty Legal Fees

Published on: July 17, 2019 | By McCulloch & Miller, PLLC

This bizarre story of an estate battle concerns a man who wanted to be driven to local pubs, a taxi driver and the passenger’s significant other.

A legal bill for an unusual estate battle must be now paid by a cabbie who had inherited a regular fare’s entire estate. The will was challenged by the man’s partner, who had been his heir, before the will was changed (over a pint in a pub) to favor the cabbie.

The New York Post’s recent article, “Cab driver slapped with massive legal fees after inheriting passenger’s estate,” explains that the bizarre story began years ago when British taxi driver Dean Hughes agreed to transport 348-pound Gary Mendez to various pubs. Many other cabbies refused to take him, because of his size.

Prince’s Unresolved Estate Battle Likely To Continue for Years

Published on: May 20, 2019 | By McCulloch & Miller, PLLC

It’s been three years since music icon Prince died at his famous Paisley Park mansion, joining the ranks of many celebrities who died without an estate plan.

Prince’s estate, which includes master tapes of his recordings and a 10,000-square-foot Caribbean villa, has been estimated at $200 million. However, what it will be worth after years of battles between heirs, people claiming to be heirs, consultants and a court-appointed administrator, is anyone’s guess.

Page Six reported in its article, “Fight over Prince’s $200M estate could go on for years,” that Prince’s heirs are entrenched in a fight to rein in the estate’s administrator. They’ve spent more than $45 million in administrative expenses, according to a probate-court petition filed by Prince’s designated heirs.

Robert Indiana, LOVE Artist’s Estate in Litigation

Published on: October 18, 2018 | By McCulloch & Miller, PLLC

“The man who took care of Robert Indiana in the last years of his life, told a probate court hearing Wednesday that he was paid roughly $250,000 a year to tend to the aging artist, whose estate and legacy are now the subject of acrimony and lawsuits.”

Under questioning by a lawyer representing the estate, caretaker, Jamie L. Thomas said he’d been earning $1,000 a week in 2013, when he started taking care of artist Robert Indiana, who lived alone on a Maine island, until his death in May at 89.

The New York Times’ recent article entitled “Robert Indiana’s Estate: Generosity, Acrimony and Questions” reported that by 2016, Thomas said the artist had raised his salary to $5,000 a week for round-the-clock work that included bringing him meals, taking care of his dog and helping him to bed. He was also granted Indiana’s power of attorney.

Ernie Banks’ Estate Saga Continues

Published on: September 9, 2015 | By McCulloch & Miller, PLLC

The ongoing skirmish over the small estate of baseball legend Ernie Banks has gone into extra innings. There was a battle between Banks’ estranged wife and the caretaker who was named as sole heir to the estate. Most recently, a third party has claimed a portion of the modest estate.

Banks' friend, Shirley Marx, has entered a claim against the estate for $80,000. Marx claims this is the amount she loaned to Banks while he worked for her family's moving company. However, the loans were not documented, which will make it difficult for Marx to prove her claims.

The Wills, Trusts & Estates Prof Blog reported on this in "Estate of Ernie Banks Faces New Challenge As Creditor Steps Forward."