Criminal Trial Of Manhattan Surrogate Begins

In December 2008, Surrogate - elect Nora Anderson was indicted for allegedly failing to properly report at least a quarter of a million dollars in campaign contributions. While Ms. Anderson contended that this money came from her own personal funds, prosecutors have alleged that the true source of the contributions was Seth Rubinstein, her eighty two year old law partner and mentor. According to theNew York Times, this case raises some unusual questions about what happens when funds claimed as gifts are utilized in a campaign.

Continue Reading Posted In NEWS
Comments / Questions (0) | Permalink

Brooke Astor's Son Sentenced To Prison

In a special bulletin, the New York Times has just reported that Anthony D Marshall, son of the late socialite Brooke Astor has been sentenced to prison by a New York State Supreme Court Justice. Marshall was sentenced to one to three years in state prison by Justice A. Kirke Bartley Jr. after being convicted of stealing millions from his mother while she was alive. The case drew national attention first when it came to light that Marshall had kept his mother as a virtual prisoner, left to wallow in her own waste. The case focused attention on the growing problem of elder abuse, demonstrating that even super rich seniors such as Brooke Astor were subject to being severely mistreated by their own families. Marshall, who is 85 years old, has vowed to appeal the verdict so, given his advanced age and the legal firepower available to him, it is anyone's guess when he will actually report to start serving his sentence .

Posted In NEWS
Comments / Questions (0) | Permalink

New Bills To Restore The Estate Tax In The Congressional Hopper

As reported today by fellow lawblogger Karen Meckstroth in her Bay Area Wills, Trusts And Probate Report Blog  two Representatives have filed different bills to amend the Internal Revenue Code and to restore the estate tax which would otherwise terminate for one year in 2010. The bills proposed by Rep. Berkley (D.NY) and Rep. Schrader (D-OR) may each be viewed by clicking on the link provided by Ms. Meckstroth in her article. Both provide for an increase in the basic estate tax exemption to 5 million dollars. and for a reduction in the maximum estate tax and gift rate.

Continue Reading Posted In NEWS
Comments / Questions (0) | Permalink

Martin Luther King Estate Is Finally Settled

More than forty years after the death of Martin Luther King Jr., his children have resolved a bitter dispute over his multi million dollar estate. As reported by Bruce Carton in an article posted on Legal Blog Watch today, the lawsuits and countersuits stemming from charges of misuse of estate funds and seeking control over various assets have been settled, the family seeking to move on and preserve the legacy of their late father. An interesting sidelight of the story is that the estate retains a legal interest in the copyright of Dr. King's famous "I Have A Dream" speech that thrilled those present at the March on Washington in August 1963 . In 1999, the 11th Circuit Court of Appeals ruled that  the "public  performance" of the speech, did not constitute "general publication' so as to cause the copyright to be forfeited.

Posted In NEWS
Comments / Questions (0) | Permalink

Jury Convicts Brooke Astor's Son and Her Former Lawyer For Plundering Her Estate

 

The New York Times has just reported that a Westchester County Jury has convicted Anthony D. Marshall, 85 year old son of the late socialite Brooke Astor of fourteen counts of stealing from his mother's estate. Also convicted of forgery was Francis X Morrissey, former attorney of Ms. Astor.  The jury returned its verdicts after twelve days of deliberations and after things had reached the point where it appeared that it may have reached an impasse which would have resulted in a mistrial.

Continue Reading Posted In NEWS
Comments / Questions (0) | Permalink

After Three Months, The Brooke Astor Trial Is Becoming --Dare We Say?-- Boring

In a surprise move, the prosecution in the Brooke Astor trial rested its case, according to the New York Times. The trial has now been front page news in New York for three months.  The trial of  Ms. Astor's son Anthony Marshall and his attorney Francis X Morrissey for allegedly forging a codicil to her will has had countless  twists and turns. Marshall and Morrissey are facing a total of 22 charges of conspiracy, scheming to defraud, larceny and forgery. This is enough to keep a battalion of lawyers busy at a cost of over $100,000 per week.

Continue Reading Posted In NEWS
Comments / Questions (0) | Permalink

Brooke Astor Trial Continues With Testimony of Attorney-Drafter Of Codicil To Her Will

Just as Brooke Astor was a dominating force in the social scene of New York for decades, the trial of her son Anthony Marshall and her former lawyer Francis X Morrissey has been dominating the legal scene here with a daily articles in the local press. Today's New York Times reports an interesting chapter in the case with an account of the testimony of G. Warren Whitaker who was questioned extensively about his role in the alleged forgery. Whitaker is not under any suspicion of acting improperly, but it was he who prepared the codicil which re-directed some sixty million dollars from charitable bequests to Marshall who was allegedly looking to create a larger estate for his wife Charlene. Prosecutors have  subjected  Whitaker to withering questions about his role in the preparation of the codicil which was requested by Marshall and Morrissey and, according to the prosecution, forged by those two defendants at a time when Ms. Astor was suffering from Alzheimer's Disease and presumably lacked testamentary capacity. 

Readers of today's Times article may find the links to other recent stories about the Astor trial to be of interest.

Posted In NEWS
Comments / Questions (0) | Permalink

Murder Most Foul And Its Impact On An Estate

Recently, Long Island was rocked by news of the tragic and shocking murder of  Betty Ann Parente and her two daughters by her husband, Garden City lawyer William Parente who then took his own life in a Maryland hotel. Barely has the community digested the enormity of this crime and the loss of a popular and talented family when the legal implications of how estates are affected by murder have surfaced as reported in today's Newsday. The order of the deaths has particular significance . So does the obvious fact that if --as it seems-- William Parente was the last member of his family to die, his distributees would be unable to inherit the assets of his wife and daughters should it be determined that he had murdered them.  This article gives us a good picture of the complexities of an estate which is bound to have some uncharted twists and turns as it wends its way through the Nassau County Surrogate's Court.

Posted In NEWS
Comments / Questions (0) | Permalink

Sometimes A Dog's Life Is ....A Dog's Life

Leona Helmsley may have been known as the "Queen of Mean" but today's Wall Street Journal reminds us that she left about five billion dollars to her foundation , The Leona M. and Harry B. Helmsley Charitable Trust which had a mission statement directing that a large portion of these funds be provided to the care and welfare of dogs. This lead to an outcry that  charities providing for the needs of humans were being neglected in favor of our four-legged friends. The trustees of the estate together with New York Attorney General Andrew Cuomo petitioned the New York County Surrogate for a ruling as to whether or not the mission statement could be binding upon the trustees' decisions to apply the funds of the trust.  Recently, Surrogate Troy Brewer ruled that the trustees were free to use their own discretion in making grants from the funds they held in trust. It has now been revealed that approximately 136 million dollars have been awarded in the first wave of grants -- 1 million of which was applied to charities for the benefit of animals.

As the Journal advises us, a trust creator who wants to make sure his or her wishes are followed by the trustees should either give very specific directions or simply dispose of the funds while still alive. Of course, the question remains as to whether the same result would have been reached with a much smaller trust fund. While five billion dollars is a staggering amount to contemplate in a charitable trust focused upon canine beneficiaries, I would think it far more likely that a smaller sum ( a few million , for instance) might have a better chance of being disposed of totally in line with the wishes of the trust creator.

Posted In NEWS
Comments / Questions (0) | Permalink

The Brooke Astor Trial -- Something For Everyone

The Brooke Astor trial is in full swing in New York County Supreme Court . The range of relevant articles published over the past ten days in the New York Times is so broad that I have simply provided a link to all of the Times stories published since the beginning of the month. The criminal trial of Brooke Astor's son Anthony Marshall and her former attorney Frank Morrissey for allegedly forging her will and looting her estate truly has something for everyone.

Continue Reading Posted In NEWS
Comments / Questions (0) | Permalink

Publicist Sues James Brown's Estate In Latest Round Of Legal War

The Godfather of Soul has been gone for years but his estate, it seems, will be legal fodder for years to come. The Associated Press has reported that Jacque Hollander, his former publicist is suing James Brown's estate in Chicago for control of a charitable trust which she claims she was responsible for setting up. She claims that as the only surviving trust partner, she has the right to control the distribution of trust assets which include, among other things, the singer's home and the royalties from "I Feel Good"  (which the ultimate winner of this protracted legal war certainly will!). With considerable luck, this blog will still be publishing when the last issue in this estate is finally decided. If so, you will be able to read about it here.

Posted In NEWS
Comments / Questions (0) | Permalink

Astor Trial Jury Selection Gets Underway

Jury selection has begun here in New York in the trial of Anthony D. Marshall and attorney Francis Morrissey who stand accused of forging the will of Marshall's late mother, socialite Brooke Astor who died in August  2007 at the age of 105 and who left an estate of roughly 132 million dollars. In the year prior to his mother's death, Marshall had been the subject of an investigation that he had neglected and abused her and had looted substantial amounts of her assets.

Continue Reading Posted In NEWS
Comments / Questions (0) | Permalink

Small Estates In New York Are Getting Larger

The limit for small estates for decedents dying after January 1 , 2009 has been raised in New York. In fact, it has doubled from fifteen thousand dollars to thirty thousand dollars. The filing fee for this simplified procedure is still just one dollar and it remains possible to handle a small estate without the expense of a lawyer.

Posted In NEWS
Comments / Questions (0) | Permalink

Judicial Conduct Commission Recommends Suspension Of New York County Surrogate-Elect

The dramatic saga of New York County Surrogate-elect Nora Anderson continues with the recent recommendation of the Commission on Judicial Conduct that she be suspended upon taking office on January 1st. The New York Times has reported that a letter sent by the commission to the Court of Appeals states that "“public confidence in the integrity of the judiciary, the courts and the administration of justice would be undermined” if Ms. Anderson presided over cases in Surrogate’s Court while facing criminal charges. Earlier this month, the Surrogate-elect was indicted on charges that she violated campaign finance laws concerning allegations concealing a $250,000 campaign contribution from her boss (who was also charged) and stating that she had advanced the funds herself from her own personal assets.  The limit imposed by state laws for an individual contribution to any campaign is $33,122.50 (a curious number indeed, especially when one considers the $2,300 limit on contributions to a presidential candidate).

Continue Reading Posted In NEWS
Comments / Questions (0) | Permalink

South Carolina Court Orders That James Brown's Estate Will Be Auctioned

Yesterday's Charlotte Observer  has reported on the latest chapter of the turbulent death of James Brown. The South Carolina Court of Appeals has directed that at least 300 items belonging to the late Godfather of Soul are to be auctioned off by Christies in New York on Thursday. The controversy that was part of the life of Brown has continued long after his death on Christmas Day 2006. You may recall that his body was kept in cold storage in his home while a battle raged as to how and where he should be buried. Then there were issues as to whether or not previously unidentified children were entitled to share in his estate. Now there has been a legal battle over the disposition of many items of his personal possessions. With Brown's former business managers waging a court fight to stop the auction, Judge Jasper Cureton has decided to permit the auction to take place and "sort things out later". Hurry to Christies on July 17th if you want to take a shot at acquiring Brown's red jump suit, his blue satin cape or some of his hair picks or rollers! One certain thing , however, is that this estate still has some more mileage -- and headlines -- left, so stay tuned. 

Posted In NEWS
Comments / Questions (0) | Permalink

A Dog's Life Isn't That Bad ! Eight Billion Dollar Helmsley Trust Is Slated To Be Applied To The Benefit Of The Nation's Canine Population

Today's New York Times reports that the late Leona Helmsley has left a mission statement in connection with a testamentary trust valued as high as eight billion dollars. In it, she directs that virtually the entire fund be applied to the welfare of dogs. While Surrogate Renee R. Roth has already shown a willingness to modify the provisions of Ms. Helmsley's will to reduce the original twelve million dollar bequest to her dog to two million (!) dollars, the aim of New York law is to determine the true intent of the decedent and to follow his or her wishes as closely as possible. While it is understandable that a court might rail at the idea of leaving twelve million dollars to a single pooch, the trust's mission statement obviously has a broader intent in mind than the care and feeding of one animal. Since their are numerous organizations dedicated to animal welfare and the advancement of veterinary science, it may very well be that the entire trust will ultimately be applied for the benefit of our nation's canines --just as the late hotel magnate had obviously wanted. Posted In NEWS
Comments / Questions (0) | Permalink

CNBC Reports Settlement Of Tobias Case

CNBC has reported that the litigation over the estate of the late hedge fund financier Seth Tobias is settled pending the approval of a Probate Judge in Florida Monday. Last December we reported here about the controversy raging since Tobias was found dead in his swimming pool in Palm Beach County  on September 4, 2007. Tobias' brothers brought suit against his widow Filomena charging that she had murdered him by poisoning his pasta  and then luring into a swimming pool on the promise of sex with a male stripper. Continue Reading Posted In NEWS
Comments / Questions (0) | Permalink

Family Fights Over Guardianships Continue To Increase

One of the last interviews given by  Jacqueline Kennedy Onasis imparted a few words of wisdom which I have always tried to live by. She told her interviewer that the most important accomplishment of her life was getting her children to love each other. Unfortunately, as an article in today's Long Island Business News shows, this advice is generally honored in the breach.  With parents living longer, it appears that guardianship battles between their children are on the increase nationally and attorneys in the practice of elder law are experiencing a litigation component  of their practices which they had never anticipated. The sibling rivalries of childhood are now played out by baby boomer adults across the country in courtrooms where the prize is which sibling gets to take care of an aging parent -- and control that parent's fortune. As the article reports in an update of the litigation surrounding New Jersey widow Lillian Glasser (a topic often found in this blog), millions of dollars can be in play  as families are torn asunder and an entire new discipline is developing in order to focus upon new ways to deal with the problems caused by these disputes. Posted In NEWS
Comments / Questions (0) | Permalink

Senior Citizen Escapes From Connecticut "Probate Prison" With The Help Of A Few Good Lawyers And Relatives

In the past, I have reported here about the need for a uniform guardianship law in order to prevent elder kidnapping to gain control of a senior citizen's estate. The case of Lillian Glasser made headlines two years ago when it took a federal court to unsnarl a legal imbroglio between a New Jersey widow and her children when her daughter attempted to keep her in Texas by obtaining an order from a Dallas probate judge while her mother was visiting her. The Hartford Courant reported on May 9th on a similar  and even more horrifying case.

Continue Reading Posted In NEWS
Comments / Questions (0) | Permalink

Probate Court Upholds Wrongful Death Settlement Between Widow And Cruise Line

Today's Greenwich Post reports that a one million dollar settlement negoiated with Royal Caribbean Cruise Lines  by Jennifer Hagel Smith has been upheld by Connecticut Probate Judge David Hopper. You may remember that Ms. Hagel Smith's husband George Smith IV mysteriously disappeared from the cruise ship Brilliance of the Seas on the couple's honeymoon cruise in the Aegean Sea in July 2005. Continue Reading Posted In NEWS
Comments / Questions (0) | Permalink

Ex-Wife Files Claim Against Ike Turner's Estate

It seems that old rock stars have the most interesting estates.The International Herald Tribune has reported that Ike Turner's ex-wife Jeannette Bazzell Turner has filed a claim against his estate stemming from his purported failure to pay her her share of community property after their 1995 divorce in California. Continue Reading Posted In NEWS
Comments / Questions (0) | Permalink

1549 Probate Papers Provide Glimpse Into Sixteenth Century Life

The Star, a newspaper in Sheffield, England has provided us with a  glimpse into sixteenth century rural English life with this account taken from an extremely rare probate proceeding in 1549 England. It is worth a few moments to read it. Posted In NEWS
Comments / Questions (0) | Permalink

Heath Ledger's Will Fails To Provide For His Child

The New York Times reported today that Heath Ledger's will made no provisions either for his young daughter, or for  her mother and former girlfriend  Michelle Williams. Instead, the actor left his entire estate to his parents and sisters back in his native Australia.

Continue Reading Posted In NEWS
Comments / Questions (0) | Permalink

Romanian Prince Attempts To Help Attorney In Brooke Astor Case

Newsday reported on February 25th that the strange case of socialite Brooke Astor who passed away last year at the age of 105 has gotten even stranger. It seems that Romanian Prince Paul has tried on at least two occasions to get Ms. Astor's former maid Lia Opris to meet with attorneys for Francis X Morrissey, the attorney who is facing felony charges for allegedly taking part in a scheme to forge Ms. Astor's signature to revisions to her Will. Ms. Opris was reportedly a witness to the signing of the will revisions. So far, she has refused to meet with Thomas Puccio, the lawyer defending Morrissey. The one thing certain about this bizarre case is that we have yet to see the last weird twist and turn. Continue Reading Posted In NEWS
Comments / Questions (0) | Permalink

Lawyer Suspended For Irregularities In Guardianship Of Retired Judge

Today's New York Times brings us  depressing news of yet another attorney fallen from grace for not being able to keep her hands off of the property of an elderly person over whom she had been appointed guardian. The Appellate Division has suspended Emani Taylor for allegedly converting the property of retired Supreme Court Justice John L. Phillips after saying that she had failed to cooperate with the court's investigation into her actions.

Continue Reading Posted In NEWS
Comments / Questions (0) | Permalink

Former Brooke Astor Lawyer In the News Once More

The hits just keep coming for Francis X. Morrissey, the former attorney of the late Brooke Astor who died last August at the age of 105. Today's New York Times reports that Mr. Morrissey represented a veritable Who's Who of New York's elderly and wealthy. What is somewhat odd --but unfortunately understandable under the circumstances-- is that he took care of the legal business of many of these clients without charging them fees. Evidently he stumbled across a surefire formula that if you ingratiate yourself with elderly rich folks by doing their legal work gratis at the same time you are taking them to dinner, Broadway shows and bringing them smoked hams, turkeys and cashmere robes you will be rewarded in their wills. Big Time! As the Times article claims, Mr. Morrissey would have another attorney , Warren J. Forsythe Esq., prepare the wills of these clients. Invariably the wills would either provide substantial bequests for him or name him as a fiduciary so that he could earn large commissions. Mr. Morrissey has been hit with an eighteen count indictment arising out of his representation of Ms. Astor. It will certainly be interesting watching this case play out in the criminal court. Posted In NEWS
Comments / Questions (0) | Permalink

Accusation Of Murder Most Foul In Florida Leads To $ 25 Million Estate Fight

Today's New York Times business section tells us of  the mysterious death in Florida of 44 year old hedge fund manager Seth Tobias this past September 4th. From all appearances, he had suffered a fatal heart attack and was found in his swimming pool. Initially, there were no suspicions raised by the death of this man who had controlled a 300 million dollar hedge fund and whose estate is estimated at about 25 million dollars.

Of course, large amounts of money can lead to king-sized claims. Mr. Tobias' four brothers have already filed a lawsuit against his widow Filomena amidst claims that she had drugged and murdered her husband even though she has not been charged with any crime. The Jupiter Florida police have not opened a criminal investigation --and are not likely to do so until the results of the medical examiner's toxicology tests are known.

Meanwhile, Florida subscribes to the doctrine that one cannot profit by one's own wrongdoing and therefore a killer cannot inherit from his or her victim.The stakes here will be extremely high in all respects --and it looks as if we will be treated to a lurid and exciting wild ride which will, incidentally, provide us with more than a few lessons in the law before it is over. 

Posted In NEWS
Comments / Questions (0) | Permalink

Astor Lawyer Morrissey Accused Of Numerous Improprieties

Today's New York Times carries a lenthy account of the alleged misdeeds of Brooke Astor's former attorney, Francis X. Morrissey Jr. It seems that every time I run a story about Mr. Morrissey, I receive comments from friends and associates telling me what a great guy he is. I can only draw my conclusions from what I read (keeping in mind of course that our system of justice carries with it a cherished presumption of innocence) -- and I am not too impressed. This article will help you to make up your own mind about Mr. Morrissey. Continue Reading Posted In NEWS
Comments / Questions (0) | Permalink

Stepchildren War Over Estate Art Collection

Today's New York Times  reports on an estate conflict between two sets of stepchildren in Suffolk County Surrogate's Court on Long Island's east end. Those of us who do contested estate work are used to seeing people at their very worst , but this story is sufficiently over the top to attract the attention of "The Gray Lady" (as the Times is sometimes known). After Monique Eastman's first husband Richard Spreyregen died in 1959, she subsequently met and married Lee Eastman, a prominent entertainment lawyer whose wife Louise was killed in an air crash. While they lived happily together for nearly thirty years, the closeness they enjoyed was not shared by their respective children. Continue Reading Posted In NEWS
Comments / Questions (0) | Permalink

Brooke Astor's Son and Attorney Indicted

Today's New York Times has reported the indictments of Anthony D.Marshall, 83 year old son of the late Brooke Astor together with Francis X. Morrissey Jr. Esq. ,a former lawyer of the socialite who passed away in August at the age of 105. The two are charged with irregularities dealing with their activities involving the handling of her financial affairs.

Continue Reading Posted In NEWS
Comments / Questions (0) | Permalink

Warren Buffet Opposes Ending Estate Tax

Law Professor Gerry Beyer's Wills, Trusts and Estates Prof Blog has picked up on an interesting story about billionaire Warren Buffet which ran recently on CNN. Testifying at a recent Senate hearing, Buffet voiced his opinion that efforts to end the estate tax are misguided and wrong for a variety of reasons. Continue Reading Posted In NEWS
Comments / Questions (0) | Permalink

Scott Peterson Denied Wife's Life Insurance Policy Benefit

Chutzpah has been defined as pleading for mercy on the grounds that one is an orphan after killing both parents. Condemned killer Scott Peterson gives this new meaning after daring to apply for the benefits from the life insurance policy of his wife Lacie. This story is set forth in some detail in a recent report in LA's Metropolitan News Enterprise. It merely restates the time-honored and well-settled public policy that denies a killer any share of the estate or insurance benefits of the person he or she has murdered. Was this application for benefits a ploy to obtain funds to pay legal fees (Peterson won't  need the money where he is going and he is sure to leave behind a gigantic bill from his attorneys)? Just a thought.

Posted In NEWS
Comments / Questions (0) | Permalink

Astor Estate Goes To Manhattan Grand Jury

Today's New York Times has reported that the settlement talks being held in the Westchester County Surrogate's Court to attempt to resolve the dispute over Brook Astor's Estate have been put on hold while the New York County District Attorney presents the case to a Grand Jury for possible criminal action.

Continue Reading Posted In NEWS
Comments / Questions (0) | Permalink

Grand Jury Action Considered in Brooke Astor Case

The New York Times has reported that a Manhattan grand jury may be asked to investigate whether or not crimes were committed in the case involving 104 year old socialite Brooke Astor.As reported here last year, questions raised about irregularities in administration of the assets of the multi-millionaire heiress by her son Anthony Marshall as well as allegations of elder abuse and neglect (later found to be unsubstantiated by a New York Supreme Court Judge John Stackhouse ) led to protracted litigation which culminated in an agreement aimed at protecting Ms. Astor's assets and insuring that she would receive good care.

Now, a report issued by court-appointed guardian JP Morgan Chase raises new questions and allegations about Brooke Astor's mental competency in 2003 when she signed documents transferring about nine million dollars in various assets to her son. New York County District Attorney Robert Morgenthau has now reportedly advised potential witnesses to prepare to give grand jury testimony in the matter.

Posted In NEWS
Comments / Questions (0) | Permalink

FBI Interested In Will Contests

The PA Elder,Estate & Fiduciary Law Blog has reported that the Federal Bureau of Investigation has become interested in certain will contests and  estate litigation . While most of us do not think of this as an area that would capture the attention of an ambitions FBI Agent, the Bureau's website might lead us to think otherwise. High profile court battles involving significant financial fraud on an interstate level which has risen to the level where criminal conduct is evident has attracted law enforcement attention. It is clear that when some of our clients become so enraged at each other that they engage in "War of the Roses" hostility towards each other, they forget that a courtroom is a very public place with a very extensive audience. Posted In NEWS
Comments / Questions (0) | Permalink

Jury Finds Blattmachr Breached His Fiduciary Duty

Sometimes even a superstar flares out. Such was the determination of a New York jury which found that attorney Jonathan Blattmachr had breached his fiduciary duty by recommending a plan to avoid estate tax by purchasing life insurance pursuant to a method known as a"split dollar insurance arrangement" to Henry Schein, one of the wealthy and well-known clients advised by Mr. Blattmachr and his firm Milbank, Tweed. The verdict is reported in the Wall Street Journal which notes that since the jury also found that this breach was not material in contributing to the client's loss when the IRS disallowed the strategy, the Schein Estate was not entitled to collect damages.

This story carries with it an implied word to the wise. In this situation, the strategy recommended was already falling into some disfavor with the IRS . Usually, when a plan of action doesn't feel right or has been subject to criticism in high places (the IRS is a good example of that), a second --or even a third-- look is usually in order. If an estate planning genius with the ability of Jonathan Blattmachr can run afoul of the law, the rest of us are doubly warned.

Posted In NEWS
Comments / Questions (0) | Permalink

Inventory Values Brooke Astor's Net Worth At 130.9 Million Dollars

As a rather interesting post-script to the earlier accounts of socialite Brooke Astor, an inventory filed by J.P Morgan Chase values her assets at 130.9 million dollars. Today's New York Times gives the detailed inventory of the wealth of Ms. Astor who will celebrate her 105th birthday this Friday. Last fall, it was reported here that Ms. Astor had become the center of a court battle between her son Anthony Marshall and her grandson with charges of elder abuse and neglect raising the awareness of the need to protect the safety and rights of our oldest members of society --especially those who may not have a nine figure bank account. Continue Reading Posted In NEWS
Comments / Questions (0) | Permalink

Anna Nicole Smith's Death Sparks A Host Of Legal Questions and Controversies

The legal storm that has swirled around  Anna Nicole Smith during her lifetime promises to develop into a full-blown hurricane after her death February 8th. Barely twenty four hours later, enough issues have arisen to keep an entire faculty of law professors busy for years. While the controversies that surround most celebrity deaths have significance mainly to the public that followed  those stars while they were alive, there are questions here with meatier legal significance. Continue Reading Posted In NEWS
Comments / Questions (0) | Permalink

Rosa Parks' Estate Scheduled For Jury Trial

Last year, I reported on the dispute that erupted after the death of Civil Rights Icon Rosa Parks in Detroit in October 2005. Ms. Parks left the bulk of her estate to an institute which she had founded together with her confidante and caregiver Elaine Steele (who had also held Ms. Parks' power of attorney). The crux of this dispute revolves about who will control the use of Rosa Parks' likeness and thereby reap the royalties derived through its sale. Since her death, the likeness of Rosa Parks has been used in  national advertisements for Chevrolet and Apple Computer -- this is big business. Today's Detroit Free Press reports that the issues raised by angry family members will be tried before a jury this February.  Posted In NEWS
Comments / Questions (0) | Permalink

Celebrity Deaths Often Involve Controversy

Fellow lawblogger Juan Antunez has come across an interesting article published by AP concerning the controversies which often accompany the deaths of celebrities. Obviously inspired by the death of James Brown, the article has been published in Juan's Florida Probate Litigation.com. I, too was struck by this rather strange phenomenon when I learned that, nearly one month after his death, the Godfather of Soul lies in a climate-controlled house awaiting the outcome of a family feud to determine just where and when he is finally to be laid to rest. Continue Reading Posted In NEWS
Comments / Questions (0) | Permalink

JAMES BROWN'S WILL EXCLUDES HIS PARTNER AND THEIR INFANT SON

On August 1, 2000, James Brown executed a will in the presence of his attorney Strom Thurmond Jr.(the juxtaposition of the name of the son of one of our nation's foremost supporters of segregation with the "Godfather of Soul" is not lost upon your blogger!) in which he excluded both his partner and their now five year old  son . As CNN reports tonight, the plot thickens with the assertion by Brown's attorneys that his subsequent marriage to his partner , Hynie was invalid because she had not yet annulled an earlier marriage at the time of her marriage to Brown. Continue Reading Posted In NEWS
Comments / Questions (0) | Permalink

Brooke Astor's Guardianship Case Rolled Up Huge Legal Fees as it Rolled On

Earlier this year, I reported on the controversy swirling around 104 year old socialite Brooke Astor whose guardianship case has generated legal fees and expenses of about three million dollars according to an article in the December 5th New York Times. The case settled on October 13, shortly before it was slated to go to trial and then the fee applications began to roll in. Oh Boy did they roll in! Continue Reading Posted In NEWS
Comments / Questions (0) | Permalink

Controversy Continues Over Two Million Dollar Legal Fee

A war of words has erupted on the front page of the New York Law Journal over the two million dollar legal fee which Thomas Troiano Esq., a Florida attorney is seeking from the estate of Edward J. Mardovich who died at the World Trade Center on September 11,2001. As I reported here last Tuesday, Mr. Troiano is coming under very heavy criticism for his fee application in Suffolk County Surrogate's Court on Long Island. Continue Reading Posted In NEWS
Comments / Questions (0) | Permalink

Federal Court Stays Florida Attorney's Action For 2 Million Dollars in Fees Over September 11 Claim

Today's New York Law Journal reports that a a Florida lawyer's suit for two million dollars in legal fees to which he claims he is entitled for representing a Suffolk County, New York resident in a claim arising out of her husband's death in the World Trade Center attack has been stayed pending the outcome of  estate proceedings in Suffolk County Surrogate's Court.  Troiano v. Mardovich 06 Civ. 523 promises to be a very interesting case as it develops further. Continue Reading Posted In NEWS
Comments / Questions (0) | Permalink

Spotlight Shifts To Brook Astor's Attorney

Today's New York Daily News  calls attention to a problem that may not surface all that often but is always ugly when it does. Following up on its series of articles about 104 year old socialite Brooke Astor which I have reported on here, the News has turned to Ms. Astor's lawyer, 63 year old Francis Morrissey who was hired by her son Anthony Marshall to replace the venerable and well-reputed law firm of Sullivan Cromwell which had represented her for forty years. Continue Reading Posted In NEWS
Comments / Questions (0) | Permalink

Estate Tax Repeal Fails Once More In Senate

Today's New York Times  reports that one of the more cynical attempts at drastically cutting the estate tax has gone down to defeat in the Senate.  Proponents of repeal in the House had linked an increase in the minimum wage to the new tax cut proposal which failed in the Senate by four votes. It should not pass without notice that one of the big losers here is Majority Leader Bill Frist (R- Tenn) whose estate (consisting of his interest in his family's share of Health Corporation of America) would save  literally tens of millions of dollars if the measure had passed.

Your faithful blogger understands that many out there are slow to characterize this as a "war on the middle class" but I am slow to find any other appropriate adjectives to describe a situation where a much-needed increase in the minimum wage is linked to an estate tax cut which will benefit far less than 1% of taxpayers while further concentrating wealth in the hands of fewer Americans and creating a revenue shortfall that the rest of us in far more mundane income brackets will have to make up.

Posted In NEWS
Comments / Questions (0) | Permalink

New Temporary Guardian Appointed For Socialite Brooke Astor

Following last week's breaking news story reported here about the alleged mistreatment of 104 year old socialite and heiress Brooke Astor, New York's Supreme Court has stepped in and appointed Ms. Astor's longtime friend  and protegee Annette de la Renta as her temporary guardian. This morning, it was reported that Ms. Astor has left a Manhattan hospital for the cushier surroundings of her estate at Briarcliff Manor where her son --and former guardian-- 82 year old Anthony Marshall was turned away when he attempted to visit.

 

Continue Reading Posted In NEWS
Comments / Questions (0) | Permalink

Trusting Your Trustee --A Cautionary Tale

Today's New York Daily News reports the ultimate trust beneficiary's nightmare which has befallen none other than 104 year old socialite Brook Astor.  Although she is the beneficiary of a 45 million dollar trust from the estate of her late husband which pays her an estimated 2 million dollars annually, Astor's 82 year old son Anthony Marshall has evidently refused to apply these massive assets to provide his mother with even the most basic level of support, Continue Reading Posted In NEWS
Comments / Questions (1) | Permalink

Senate Rejects Attempt at Estate Tax Repeal

CNN has reported that the Senate has failed at an attempt to reach a compromise on legislation to raise the limits on the estate tax after an earlier attempt at outright repeal of the tax also failed. Repeal of the estate tax would affect less than one percent of all estates of persons dying after the first of this year but it is also estimated that the cost in revenue to the goverment would be as high as one trillion dollars between the years 2012 and 2021.

I could not help but notice that, in a related article, CNN reported that an (unscientific) online poll indicates that fully 51% of those repsonding favored the outright elimination of the tax. It is a sobering thought that those special interest groups fighting for estate tax repeal have succeeded to the point where 51% of the public appears to be willing to shoulder a one trillion dollar tax burden which the wealthiest .3% of Americans would be relieved of paying.

Posted In NEWS
Comments / Questions (0) | Permalink

Pet Trusts

Your faithful law blogger arrived home tonight to find our two family felines -visions of endless quantities of cat treats abounding in their heads-- trying their best to read today's issue of the New York Sun which features an article on pet trusts. While I was well-aware that pet trusts are legally recognized, effective and widely-used estate planning tools in New York, I frankly had no idea as to the extent to which they are currently being utilized. It seems that six figure bequests for Fido and Fluffy are becoming more common than one might otherwise think. This summer's conference of the American Bar Association to be held in Hawaii will have a session on pet trusts and there are now attorneys who have begun to specialize in this area of the law.

Posted In NEWS
Comments / Questions (0) | Permalink

A Cautionary Tale About Accepting A Fiduciary Appointment

The May 14th issue of the Stamford Advocate contains a cautionary story by Julie Jason about the perils of becoming a fiduciary. While you will really have to be incredibly unlucky to suffer the fate of Monsignor Bolduc's executor, this article really underscores the need to act quickly to retain competent counsel and learn exactly what a fiduciary's rights and responsibilities are (you needn't accept the apppointment if it seems too fraught with danger). Meanwhile, the finding of the Connecticut probate court seems a bit far-fetched and it would appear that the appellant's chances are rather good. We will see.

Posted In NEWS
Comments / Questions (0) | Permalink

Estate Planning Starts Early

Leanna Hamill's Massachusetts Estate Planning and Elder Law Blog has reprinted an interesting and thought-provoking article from April 30th's Boston Globe Magazine. It is never too early for young parents to consider --and to aggravate over-- estate planning. I thought you might enjoy it.

Posted In NEWS
Comments / Questions (0) | Permalink

Will Anna Nicole Smith Case Cause a Stampede to Federal Court?

It appears that Anna Nicole Smith's recent Supreme Court victory may result in a flood of federal litigation of probate matters. My Florida friend and fellow law blogger Juan Antunez (Florida Probate Litigation. com) ruminates on this idea in his blog today and contemplates spending a lot more time in federal court in the future.

Continue Reading Posted In NEWS
Comments / Questions (0) | Permalink

Supreme Court Win for Anna Nicole Smith

Former Playboy playmate Anna Nicole Smith has won a major victory in the Supreme Court. Associated Press has reported that the court voted unanimously to give her another day in court and revived her claim against the estate of her late husband J. Howard Marshall II. The ruling has great significance in that it allows federal courts greater authority to resolve claims arising out of estates although state courts retain their sole authority to probate a will.

Continue Reading Posted In NEWS
Comments / Questions (0) | Permalink

Liillian Glasser Returns Home to New Jersey to Await Outcome of Her Guardianship Proceeding

Earlier this year, I reported on the case of Lillian Glasser, a wealthy New Jersey widow who had become embroiled in a multi-state legal feud (Florida, Texas and New Jersey) to determine where she should live and who should serve as her guardian. An article in today's New York Times by Tina Kelly reports that Ms Glasser has been allowed to return home to New Jersey, having expressed strong desires to be allowed to do so.

Continue Reading Posted In NEWS
Comments / Questions (0) | Permalink

Battle on Estate Tax Nears in Senate

May promises to be the month that Senate Majority Leader Frist will attempt to marshall his minions to pass legislation eliminating the estate tax. If this were to come to pass, our nation's wealthiest families would be the primary beneficiaries of the new law which would free them of billions of dollars of tax liabilities. Senator Frist's own estate would save many millions of estate tax dollars (as, by the way, would Secretary of Defense Donald Rumsfeld's estate).

Continue Reading Posted In NEWS
Comments / Questions (0) | Permalink

Estate Tax Confusion Continues

Estate tax confusion is the subject of an article posted on April 22 by Clark Allison in the California Estate and Business Blog. The uncertainty which has beset estate planning by the current legislation in place is seen in context with the issues surrounding the future of the estate tax in Congress. This ongoing debate seems to have little chance at this time of producing any sort of lasting compromise and the author suggests that the big losers may prove to be those of us who delay implementing a good estate plan waiting for such a compromise to be reached.

Posted In NEWS
Comments / Questions (0) | Permalink

AARP to Sponser Conference on Aging April 20-23

The sixth annual National Aging and Law Conference will be held from April 20 to April 23 at the Double Tree Hotel in Crystal City, Arlington Va. This will be a forum for a broad spectrum of elder law and elder care advocates sponsored by AARP together with a number of other advocacy organizations . Complete information may be obtained from the NALC website.

Posted In NEWS
Comments / Questions (0) | Permalink

"You're Disinherited!"

On March 7th, the New York Times brought us news of a new reality show from the U.K. Sir Benjamin Slade has decided to look for an heir to his 13 million dollar estate here in America. Finalists will compete for this grand prize in the course of a t.v. reality show at Maunsel House, his estate in Somerset England. Taking a leaf from Donald Trump's "The Apprentice" , Sir Benjamin plans to one-up The Donald by informing losing contestants that "you're disinherited". The last contestant standing will inherit Sir Benjamin's millions.

Posted In NEWS
Comments / Questions (0) | Permalink

Follow-up on the Glasser Case

In January, I reported on the case of Lillian Glasser, an elderly widow from New Jersey with a home in Boca Raton Florida who has found herself to be embroiled in a bitter guardianship dispute in Texas .Fellow law blogger Professor Gerry W. Beyer has reported on the next phase of this legal odyssey in his Wills,Trusts and Estates Prof Blog Read on as poor Mrs.Glasser's seemingly never-ending story continues.

Posted In NEWS
Comments / Questions (0) | Permalink

Supreme Court Hears Anna Nicole Smith's Claim

Long the butt of jokes of late night comedians,former Playboy Playmate Anna Nicole Smith has entered a new arena. The Supreme Court today heard arguments in her action to re-open her claim against the estate of her late husband J. Howard Marshall (who died at the age of 90 after a brief marriage to Ms. Smith) . The Justices seemed extremely interested in all phases of this case which truly has something to interest everyone. It involves an estate of approximately 1.6 billion dollars, allegations of a forged will and chicanery on all sides.

Continue Reading Posted In NEWS
Comments / Questions (0) | Permalink

Contested Guardianship Sparks Multistate Feud in Federal Court

The worst matrimonial cases often involve bitter custody disputes which may involve not only domestic violence but also child-snatching as well. As nasty as some estate contests can be, I have always taken comfort knowing that the worst of them do not compare to a garden-variety custody fight. The case of Lillian Glasser, reported in the December 28th New York Times combines the worst features of a custody fight with the worst features of an estate fight. What could be messier than an interstate custody fight between adult siblings over a parent with a net worth of twenty five million dollars?

Continue Reading Posted In NEWS
Comments / Questions (0) | Permalink

Advice Columnists Can Be Misleading

A quick word of advice from my fellow law blogger, Texas law Professor Gerry W. Beyers in his Wills Trusts and Estates Blog who has come across an advice columnist dispensing legal advice mixed in with her helpful hints on interpersonal relationships.
"People seeking legal advice" cautions the professor, "should consult with a lawyer, not an advice columnist."

Posted In NEWS
Comments / Questions (0) | Permalink

Avoiding Big Fights over Small Things

The significance that family members may attach to relatively insignificant possessions can easily lead to huge disputes in the settling of an estate. An article by Margaret McCaffrey in the December 8th New York Times deals with this subject in humanistic rather than legalistic terms. Nevertheless, Ms McCaffrey's suggestions on how to anticipate and defuse the conflicts that can arise when adult children battle over the same item of jewelry or furniture can have a positive effect not only on the way in which family members treat each other after losing a parent or grandparent but also can reduce the chances that arguments over possessions may lead to more serious and more expensive legal conflicts.

Posted In NEWS
Comments / Questions (0) | Permalink

Rosa Parks's Estate Embroilled in Feud

My colleague in Florida, Juan Antunez (The Florida Probate Litigation Blog), has been reporting on a feud which has erupted following the death of Rosa Parks . Juan cites The Wall Street Journal story on November 16 which details a dispute between relatives of the civil rights pioneer and those who were handling her business affairs prior to her death.

The legal representatives named in her will have been sued by her nephew , William McCauley who has filed a petition to contest the will and to be named as his aunt's legal representative . McCauley claims that Ms. Parks lacked the mental capacity to make a will and was subject to undue influence when it was executed.

Posted In NEWS
Comments / Questions (0) | Permalink

Senator Bill Frist's Trust ---Blind or Just Near-Sighted?

Thanks to professor of law Gerry W. Beyer's Wills,Trusts and Estates Prof Blog, I read a very interesting article originally published this past week in The Hill by Elana Schor which provides an in-depth explanation of just what Senator Frist has done (and may have been intending to accomplish) with the use of Generation Skipping Trusts (GSTs) and blind trusts to manage his holdings in his family's huge Health Corporation of America stock. Not only does Ms Schor give us a good overview of the way in which these trusts operate and the laws that enable them, but also gives political junkies like me a new perceptive on just what may be happening in the insider trading investigation currently unfolding in Washington.

Posted In NEWS
Comments / Questions (0) | Permalink

Same Sex Partner Loses Wrongful Death Action

By a 3-2 majority, New York's Appellate Division, Second Department has stated that same-sex partners cannot pursue an action for wrongful death in New York. Langan v. St. Vincent's Hospital, 2003-04702 was originally commenced by the survivor of a same-sex couple whose partner died after undergoing surgery for injuries suffered after having been struck by an automobile. The couple had earlier entered into a civil union in Vermont where such agreements are legal and binding.

Continue Reading Posted In NEWS
Comments / Questions (0) | Permalink

No Man is Above the Law

New York State's Court of Appeals has upheld the determination of the state's Commission on Judicial Conduct that Kings County (Brooklyn) Surrogate Michael Feinberg be removed from office. This decision was handed down on June 29, 2005.

Continue Reading Posted In NEWS
Comments / Questions (0) | Permalink