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Last Will

James Brown’s “Vague” Estate Plan Forced Family into Years of Litigation

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James Brown, the legendary singer, songwriter, record producer, dancer, and bandleader was known to many as the “Godfather of Soul.” Although he intended his estimated $100 million estate to provide for all of his children and grandchildren, his intentions were somewhat vague.  This forced his family into years of litigation which ended up in the South Carolina Supreme Court.

Everything Seemed In Order…

Brown signed his last will and testament in front of Strom Thurmond, Jr. in 2000. Along with the will that bequeathed personal assets such as clothing, cars, and jewelry, Brown created a separate, irrevocable trust which bequeathed music rights, business assets, and his South Carolina home. 

At first glance, it seems as though everything in Brown’s estate plan was in order. In fact, he was very specific about most of his intentions, including:

  • Donating the majority of his music empire to an educational charity
  • Providing for each of his six adult living children (Terry Brown, Larry Brown, Daryl Brown, Yamma Brown Lumar, Deanna Brown Thomas and Venisha Brown)
  • Creating a family education fund for his grandchildren

However, only days after his death in 2006 from congestive heart failure, chaos erupted. 

Heirs Not Happy With Charitable Donation

Apparently, Brown’s substantial charitable donations didn’t sit well with his heirs. Both his children and wife contested the estate.

  • His children filed a lawsuit against the personal representatives of Brown’s estate alleging impropriety and alleged mismanagement of Brown’s assets. (This was likely a protest of the charitable donation.)
  • Brown’s wife at the time, Tomi Rae Hynie, and the son they had together, received nothing as Brown never updated his will to reflect the marriage or birth. In her lawsuit, Hynie asked the court to recognize her as Brown’s widow and their son as an heir.

In the end, the South Carolina Supreme Court upheld Brown’s plans to benefit charities and recognized Hynie and their son as an heir. 

Should You Anticipate Litigation?

Brown’s estate was substantial and somewhat controversial – and he failed to update or communicate his intentions to his family.  His heirs were taken by surprise.  And experienced attorney could have avoided much of the family upset.  Contact our office today to protect your goals or schedule your personal Estate Planning consultation NOW. We’ll help you decide whether it makes sense to avoid probate in your particular case and, if so, the best way to do so.

When is a Will Valid in Texas?

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Is my loved-one’s will valid?  Is one of the most important questions we hear from people.  As with all legal questions, the answer is… IT DEPENDS!  Moreover, the validity of a Will depends on the TYPE of Will the Testator made, but before we go into this, here are the main requirements for wills in general to be valid.

Legal & Testamentary Capacity & Testamentary Intent of Testator

Texas law states for a Will to be valid, the following general requirements are needed (regards to the Testator):

  1. the testator/testatrix (person making the Will) to have legal capacity (be at least 18 years old, are or have been lawfully married, or be a member of the US armed forces);
  2. the person needs to have testamentary capacity (be sound of mind), this means:
    • You need to know what you own
    • understand that the document you creating is a will
    • understand that the will’s functions as an instruction on how property is distributed after your death
  3. have testamentary intent (the desire and intend to make a Will).

Formalities (with regards to the document)

Texas currently accepts 2 main types of Wills, all of them are in writing.  It used to be 3, but nuncapative wills (oral wills) can no longer be created since September 1, 2007. The legal formalities must be followed for the will to be valid, in addition to that, the law has different requirements for the different types of wills they accept in Texas.

Written Wills: these are NOT completely in the Testator’s handwriting, and require:

  • attestation by two or more credible witnesses above the age of 14.
  • The witnesses must be present during the signing of the will of the Testator, and;
  • must sign the will as well.

Holographic written wills:

  • these are completely in the Testator’s handwriting.
  • There is no witness requirement, and;
  • the testator may attached a Self-Proving affidavit stating that the document indeed is his Last Will and Testament.

Oral Wills made before September 1, 2007:

  • These require that the testator made the will during his last sickness at the place of residence or a place where he/she has resided for more than 10 days before his/her death.
  • The assets need to be more than $30 in value, and;
  • three independent and credible witnesses are needed to prove the testators testimony.
  • NOTE: Texas no longer allows creation of Oral Wills!

Additional Documents

Texas law give the testator some additional options to add to the Will, to ensure a smoother probate process (because, yes!  Probate is necessary with a Will). One of these documents is a self-proving affidavit, that needs to be signed by the testator, witness and notary.  The purpose of this document is that during probate, the witnesses do not have to attend the hearing during which the validity of the will is going to be determined.  This not only saves you time and money, it will also save you the trouble of dealing with witnesses who are sick, moved or simply died before the Testator.

The consequences under Texas law for not meeting all the Legal & Testamentary Capacity & Testamentary Intent of Testator and Formalities (with regards to the document) are severe: The Will shall be declared invalid, and as a result you will be leaving your estate open to Intestacy, a statutory and mandatory distribution (which you most likely won’t like) according to Texas Probate Laws.

It is therefore strongly recommended that you work with an attorney who can help you ensure your Will (and estate plan) will meet all legal requirements, so that your wishes and not a default code will determine what happens to your estate.  If you have more questions, or would like to start your plan, we would love to talk to you!  You can book an appointment here, or contact our office.

If you have a fact-specific legal question, please email me, or communicate with me through my secure client area.  To do so, simply login if you are an existing client, or request an introductory conference if you are interested in becoming a new client.

Baltimore Register of Wills Can’t Find Her Father’s Original Last Will, Will Your Family Be Able to Find Yours?

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While it’s not unusual for an original last will and testament to be misplaced, it is when your daughter happens to be the Register of Wills for Baltimore City.

What is a Register of Wills?

In Maryland, the Register of Wills is an elected official in each county and the City of Baltimore who is responsible for overseeing the administration of the estates of deceased persons during the probate process.  As an added benefit, each Maryland Register of Wills provides safekeeping for the last will and testaments of living persons.

Why is it Important to Locate an Original Last Will?

Will Lost and Found

Belinda Conaway became the Register of Wills for Baltimore City in December 2014 after her stepmother, Mary W. Conaway, held the office from 1982 through 2012.  After Belinda’s father, Frank M. Conaway, Sr., died in February 2015, court records indicate that the family was unable to locate his original last will and testament but did find a copy of a will he signed in 1999.  The 1999 will left Mr. Conaway’s estate equally to his children, Belinda and Frank M. Conaway, Jr.  In March 2015, Belinda filed a petition requesting that the copy of the will be admitted to probate.  She stated in her petition, “This copy was found among the personal papers and I have not been able to locate the original.”

Ironic, isn’t it?  Fortunately in this case, Mr. Conaway’s children agreed that the 1999 will was in fact their father’s last will and the probate judge admitted the copy to probate.  But this may not be the case in your situation.  Sometimes after an original will goes missing and a copy is found, family members will disagree about whether it is in fact the deceased person’s last will.  If this is the case, then the copy may be overlooked in favor of an older original will that has been located or state laws that dictate who inherits when there is no will (known as “intestacy laws”).

This is why it is so important for your loved ones to be able to find your most-recent original last will – because without it, the laws of your state may presume that you intended to destroy your will and a copy of it will be viewed as worthless.

Who Knows Where to Find Your Original Will?

Do you know where your original will is located?  Do your loved ones know where your original will is located?  While your family members certainly don’t need to know what your will says, they do need to know where your original will is being stored.

On the other hand, if you’re uncomfortable letting family members know where to find your original will, then let someone you trust – such as your attorney, accountant, or financial advisor – know where to find your original will.  Otherwise, your family may end up in front of a probate judge and your true final wishes may be overlooked.

Call or contact us today and find out how to better protect your family.

Dennis Hopper Saves Heirs with Last Minute Estate Plan Changes

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Dennis Hopper, known for his role in Easy Rider, wanted to leave his fortune to his family.  Well, not everyone in his family. Hopper made numerous estate planning changes in the last months of his life.  His goal?  To make sure his heirs shared his approximately $40 million in wealth and that his fifth, and current wife, Victoria, did not.

The 5th Marriage Isn’t Always the Charm…

At least that was the case between Hopper and his fifth wife, Victoria Duffy-Hopper, who was six years younger than Hopper’s oldest daughter from a previous marriage. It’s a long and rather ugly story, so let’s just touch on the highlights:

  • Hopper divorces four times and has several children.
  • Hopper marries Duffy, who is younger than all of the above children, and they have a daughter together.
  • Things go bad. Hopper files for divorce, accusing Duffy of being insane, inhuman, and volatile. He obtains a restraining order against her, but she refuses to move out of the home.
  • Things get worse. Victoria responds by claiming that Dennis is not mentally competent. She alleges that his adult children from his prior marriages improperly influenced him to file for divorce and suggested that he change his estate plan. She claims their motive was to cut Victoria out of his estate as well as the couple’s six-year-old daughter.
  • Hopper, at age 73, dies of cancer while all of this was happening.

Although Hopper died before this ordeal was over, he did some very smart things during the divorce process to ensure that his children received the bulk of his wealth. What he did applies to everyone.

Don’t Wait To Update Your Estate Plan!

Hopper made numerous changes to his estate planning documents instead of waiting for his divorce to be final. These included:

  • Changing his life insurance beneficiary designation
  • Making sure Duffy was not listed in his will or trust as a beneficiary
  • Verifying that his prenuptial agreement was in order

In the end, Duffy sued the estate for, well, everything and anything she could. When all was said and done, she settled with the estate, but for much less than she wanted. The majority of Hopper’s estate went where he wanted it to go – to his children. The lesson learned? Don’t wait to update your estate plan. Take action!

We Have the Tools and Advice You Need

It is imperative to update your estate plan documents when any significant or life changing events occur such as:

  • marriage
  • re-marriage
  • divorce
  • birth
  • adoption
  • income changes
  • circumstantial changes (to the health or wealth of loved ones)
  • change of state of residence

Even if you haven’t experienced anything “significant” since you last updated your estate plan, changes in the law (especially tax law) may make re-evaluating your estate plan a smart thing to do.  We have the tools you need to make sure that your wishes are carried out after your death.

Philip Seymour Hoffman’s Will: 3 Critical Mistakes

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Oscar-winning actor Philip Seymour Hoffman died from a drug overdose in February 2014.  Sadly, he left behind three young children – and a fortune estimated to be worth $35 million.

He was only 46.

After his death, Mr. Hoffman’s Last Will and Testament was filed for probate.

  • The Will is short – only 15 pages – and, it was signed on October 7, 2004, about a year and a half after the actor’s first child was born.
  • The Will leaves his entire estate to Marianne “Mimi” O’Donnell, a costume designer and the mother of all three of Mr. Hoffman’s children.
  • The couple never married and had separated in 2013 (due to Mr. Hoffman’s recurring drug problems).

Estate Planning Mistake #1 – Using a Will

Shortly after Mr. Hoffman’s Will was filed, The New York Post published it online and his final wishes instantly became public information.

  • We know his request to have his son (the only child living when the Will was signed) raised in Manhattan, Chicago, or San Francisco so that he “will be exposed to the culture, arts and architecture that such cities offer.”
  • There is another way – a private way.  A Revocable Living Trust (as used by Elizabeth Taylor and Paul Walker) would have kept Mr. Hoffman’s final wishes a private matter.

Estate Planning Mistake #2 – Failing to Update His Estate Plan

Mr. Hoffman signed his Will in October 2004.

  • During the next nine years, he had two daughters, won an Oscar for best actor for his performance in Capote, and amassed the majority of his fortune.
  • Considering Mr. Hoffman’s well-documented, long-term struggle with drug addiction as well as the significant changes in his life and net worth during those nine years, it is surprising that he failed to update his estate plan.
  • At the very least, your estate plan should be reviewed every few years to insure that it still does what you want it to do and takes into consideration changes in your finances, your family, and the law.

Estate Planning Mistake #3 – Ignoring a Trusted Advisor

In probate court documents filed in July, it was revealed that Mr. Hoffman’s accountant repeatedly advised him to protect his children with a trust fund.  But the actor ignored this good advice.

  • With the terms of the old 2004 Will left unchanged, the estate will pass to Mr. Hoffman’s estranged girlfriend, outright and without any protections.
  • Nothing will go directly to his children.
  • Had Mr. Hoffman listened to his accountant and worked with an estate planning attorney, he could have established a lasting legacy for his children, protecting them and their inheritances.

With the counseling and advice of an experienced estate planning attorney, you can avoid mistakes like Mr. Hoffman’s.