Houston Estate Planning and Elder Law Attorney Blog

Family Discord Likely When No Will Exists

Published on: September 18, 2015 | By McCulloch & Miller, PLLC

A recent article in Marketwatch’s Moneyologist column, "What to do when a parent dies and leaves no will," starts with a sad example of how families fall apart when the lack of estate planning pits children against each other.

The woman recounts how her father told her and her sister that he was making the sister a signatory on his bank account so that she could pay any bills of his estate out of it. He said that the rest of his estate would be divided equally between them.

Five months later the father passed away without a will.

History Buffs Note: Old Wills Searchable Online

Published on: September 17, 2015 | By McCulloch & Miller, PLLC

Historical wills can offer a window into the past and provide researchers a new perspective on history. Today, old wills for such luminary figures as Herman Melville, Samuel Morse, J.P. Morgan and many other historical figures, can be easily accessed on the web.

The well-known genealogical website, Ancestry.com, spent two and half years scanning 170 million pages of old wills and probate records, and put them in an online database.

While many other countries have previously placed the contents of old wills online, this is a first in the United States on this large of a scale. This development appeared in a recent CNN article, "Paul Revere, J.P. Morgan wills among millions now online."

Are Pet Trusts Going to the Dogs…Cats…Cockatiels?

Published on: September 16, 2015 | By McCulloch & Miller, PLLC

We all love our pets! Leslie Ann Mandel really loved her 32 cockatiels, and her will included a mention of each and every one of her precious pets.

Mandel even put $100,000 into a trust for their care and left detailed instructions about how to care for them. She appointed her stepson as the trustee and he is now responsible for the birds.

The Wills, Trusts & Estates Prof Blog wrote about this story in a recent article,"Deceased Millionaire Leaves $100,000 To A Pet Trust For Her 32 Cockatiels."

Rival Auction Houses Fight for $500 Million Art Collection

Published on: September 15, 2015 | By McCulloch & Miller, PLLC

Estate plans can outline everything from the disposition of family heirlooms to the distribution of vast land and property holdings. Recently, the $500 million art collection of the estate of shopping center magnate A. Alfred Taubman was in the news. Taubman’s collection is thought to be one of the most valuable private art collections in the world.

Recently the New York Times published "Sotheby's to Auction A. Alfred Taubman's $500 Million Trove," detailing the war between the rival auction houses as they fought for the right to auction the collection.

Christie's and Sotheby's went back and forth with Taubman's family for months in an effort to win the bid. Both auction houses created mock catalogues for the collection and put exceptional effort into their presentations. The interesting question, however, is why there was a war in the first place?

Houston Families Note: Blended Families Require Extra Planning Effort

Published on: September 14, 2015 | By McCulloch & Miller, PLLC

Perhaps if Dr. Nathaniel Shafer knew what was to come, he may have made some changes to his will that might have precluded a nasty dispute between his wife and his children from a previous marriage. Dr. Shafer’s will leaves a $10 million estate entirely to his wife and her child from a different marriage, Dr. Shafer’s children from a prior marriage accuse their stepmother of filing a fake will. Estate planning for a blended family can be tricky.

Jennifer and Robert Shafer, the children from a previous marriage, are claiming that their stepmother filed a fake will. They want the court to throw that will out and to use an earlier will that leaves half of the estate to them. To prove their claim, the Shafer siblings are asking the court to waive a doctor-patient privilege so a therapist the couple saw can testify about their relationship.

The New York Post reported this story in an article titled "Siblings claim stepmom filed fake will to get $10M inheritance."

Scams Continue to Grow: Houston Residents Note Warnings

Published on: September 11, 2015 | By McCulloch & Miller, PLLC

If you had an email account in the 1990s, you were personally selected to help a Nigerian prince recover his rightfully due inheritance. He may have written to you many times, pleading with you for your help and thanking you profusely in advance for your generosity and kindness. Some of us got emails from different princes or members of African royalty who had been forced to flee their countries. The English was broken, but the message was clear – we were special, we had been chosen to help, and in return, we were going to be rich beyond our wildest dreams. We were victims of an attempted scam.

The basic idea behind the scam was that an extremely wealthy person in Nigeria had his accounts frozen or could not transfer money out of the country without help. The scammer either requested that money be sent or that bank account numbers be sent to facilitate the transfer of the scammer's assets for which the person would be rewarded handsomely later.

That this was a scam seems obvious, as why would some wealthy African need the assistance of random Americans? However, everyone knows about the scam because it worked. The scammer just needs one person out of millions to take the bait. That is true with most common scams. Only one person needs to take the bait to make attempting to scam thousands worth the scammer's time.

Robin Williams’ Estate Battle Continues

Published on: September 10, 2015 | By McCulloch & Miller, PLLC

Divorce lawyers know that some of the most intense fights between a couple can erupt over the most insignificant item —- a matchbook collection or a set of souvenir spoons from family vacations.

The stuff being fought over serves as a proxy because the parties are angry with each other and want to fight over something. The same thing happens in estate law when heirs do not get along and resent each other. The heirs will fight over those very same inexpensive souvenir spoons.

However, in estate law these battles do not make it to court as often as they do in divorce law because divorcing couples are already in court. Most of the time heirs feuding over junk find it cost prohibitive to hire attorneys. Robin Williams' estate might be an exception.

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."

Change Your Will? Not a Do-It-Yourself Project for Houston Families

Published on: September 8, 2015 | By McCulloch & Miller, PLLC

Recollections of re-writing a will or scribbling changes to a will after the document has been executed are common. There is a process and procedure to revoking a will. Without the guidance of an experienced estate attorney, a prior and properly executed will trumps a do-it-yourself will.

A recent article from Elder Law Answers, "Efforts to Change Will Using Photocopy and Then Downloaded Form Are Ineffective," describes a case decided by the Minnesota Court of Appeals in August 2015, that proves that it is possible to “fail to revoke” a will.

Esther Sullivan had a will created in 2006. It was a properly executed and valid will that left half of her estate to a former employee. In 2008, she had a change of heart. She photocopied the will and made handwritten changes to it, all of which she initialed. She also wrote that the 2006 will was void. This new document removed the former employee and left half the estate to someone else.

Son’s Inheritance Funded Pursuit and Conviction of Mother’s Murderer

Published on: September 4, 2015 | By McCulloch & Miller, PLLC

It’s not exactly what most parents would want their children to use their inheritance for, but we suspect that this mother would have been very proud of her son.

John Bickman Walls told his son Pelle Walls, who was then 17, that his mother, Walls’ ex-wife, had committed suicide. Walls said that his ex-wife, Uta von Schwedler, a well-respected scientist, was found drowned in a bathtub.

Pelle was devastated, and before too long he began to suspect that his father had a hand in his mother's death. His father began acting strangely and saying things like "What if I did do it?" This behavior continued. When he reached the age of 18, Pelle moved out on his own. He eventually managed to get his siblings out of his father's control, due to the latter's erratic behavior.