San Antonio, TX Estate Planning

Family Feud over Large Estate Raises Questions about Deceased's Passing

In what likely foretells a bitter probate battle to come, a judge ordered Wednesday that the body of wealthy Alamo Heights woman who died Tuesday not be cremated before an autopsy is performed.

A woman with brain cancer passing away is not normally a mysterious event that would cause people to wonder about the cause of her death. On the surface, it is not a case that would make you think an autopsy would be necessary.

Gail Weir recently passed away in San Antonio. She was a lifelong nurse and former beauty queen. She suffered from brain cancer. Hours after her death a judge issued an injunction against having her body cremated until an autopsy could be performed.

This is an unusual case. However, as reported by My San Antonio in an article titled "Court battle begins over estate of wealthy Alamo Heights woman," Weir's estate might be worth up to $3 million. Early versions of her will had left most of her estate to her two children. However, the final version of the will filed soon after her death leaves most of the estate to her two brothers and very little to her children. It is the children who suspect foul play and who asked for the autopsy. To complicate things even more, Weir married a local attorney while she was sick. While this marriage was annulled, an earlier version of her will leaves a portion of the estate to the attorney.

The injunction and autopsy are only the first phase in what is likely to be a very long battle over the estate in probate court. For their part, the brothers did not object to the autopsy. However, that does not mean they will not fight in probate for the estate whatever the results of the autopsy turn out to be.

Reference: My San Antonio (October 8, 2014) "Court Battle Begins over estate of wealthy Alamo Heights woman"

Inheriting a Classic: When Books Are Valuable

Many people tend to overlook books as potential assets. And even if you bring a rare book to a general antiques dealer or estate appraiser, they often are not qualified to give specialized book appraisals. This can be a mistake: The simple fact is, books can be worth money.

So, you inherited a book. Now what? Before you head off to the local library to donate your literature, make sure you do some research on the value of the gift.

People collect all sorts of items during their lives. Most of these items have little value other than sentimental value. Some items, however, are extremely valuable. Things such as jewelry with rare gems, old coins, stamps, antiques and more can be worth a lot of money. When administering an estate, these items need to be appraised by experts. This is an important part of determining the overall assets of the estate.

A recent post at the Wills, Trusts & Estates Prof Blog, titled "Inheriting Old and Rare Books in an Estate," reminds people that books can also add value to the estate and may also need to be appraised by an expert.

It is easy to see why people often overlook books. If you have ever been to a typical second hand book store, you know that most used books are sold for no more than a dollar or two. Thus, most of the time, a random box of books found with a deceased's belongings is not going to have any real value. However, there is another market for books out there.

Many people collect old and rare books. These are often books published centuries ago or they are first editions of celebrated works. So while a collection of science fiction paperbacks is probably best donated to a local library, old leather bound volumes should probably be looked at by an expert as they might be valuable.

Books, of course, are not the only valuable items that are sometimes overlooked. The important thing to remember when administering an estate is this: if you are not sure whether or not something is valuable, seek out an expert who will know. Better yet, work with an experienced estate planning attorney to make sure all aspects of the estate administration proceed according to Hoyle.

Reference: Wills, Trusts & Estates Prof Blog (October 10, 2014) "Inheriting Old and Rare Books in an Estate"

Yahoo and Other Tech Giants Criticize Proposed Digital Asset Law

In a recent blog post, Yahoo’s Senior Legal Director for Public Policy criticized the UFADAA for the “faulty presumption that the decedent would have wanted the trustee to have access to his or her communications” and for “set[ting] the privacy default at zero.”

What happens to your digital assets when you pass away? Will your heirs gain access to your email accounts, Facebook page, or online financial accounts?

When their loved ones have passed away, many people experience great difficulty gaining access to the deceased's digital accounts, such as email accounts, social network accounts, and online bank accounts. In some cases, as soon as the online company hosting the account is officially informed that an account holder has passed away the account is closed and all of the content is subject to deletion. This has caused frustration and angst for many grieving families. In response, some states have passed laws providing access to digital accounts if certain conditions are met.

More recently, the Uniform Law Commission has proposed a uniform law to resolve the issue. Google and Facebook have previously criticized the proposal. Now, as reported by the National Law Review in "Fiduciary Access to Digital Assets and Accounts - Uniform Access to Digital Assets Act 'UFADAA'”, Yahoo's Chief Legal Director for Public Policy has criticized the uniform proposal in a blog post.

The tech companies charge that the proposal assumes the deceased wanted to allow access. That is true. However, unless stated otherwise in a legal document, the proposal does allow access to digital accounts. Companies who do not necessarily have the best record on protecting customers' privacy are now objecting to this proposal on privacy grounds. The battle between the tech giants and the Uniform Law Commission is one that will be played out from state to state in the next few years.

In the meantime, contact your estate planning attorney for guidance in your specific state.

For estate planning guidance in San Antonio, visit our page to request a consultation.

Reference: National Law Review (October 3, 2014) "Fiduciary Access to Digital Assets and Accounts - Uniform Access to Digital Assets Act 'UFADAA'

Michael Jackson's Estate Battle: Revived Allegations of Child Molestation

Robson, 32, still needs a judge’s permission to file the probate court claim because it was brought in May 2013, nearly four years after the entertainer’s overdose death at age 50 on June 25, 2009. Robson alleges Jackson molested him between 1990-97, though he testified in the singer’s 2005 child molestation trial that the pop star did not sexually molest him. Jackson was acquitted on all charges in his 2005 trial.

Looks like Michael Jackson's estate could see another court battle in the near future. But this time, it's not over estate taxes.

Ordinarily, you cannot sue a dead person. A judge and a court do not have power over the deceased. Instead, you have to sue the deceased person's estate.

Wade Robson, however, sued two of Michael Jackson's companies as well as an unknown defendant, listed as Doe 1. It is clear to everyone involved in the case that Doe 1 is Michael Jackson. Robson is perhaps best known for testifying in Jackson's 2005 criminal trial that Jackson did not molest him, yet in this case he is alleging molestation.

Because you cannot sue a deceased person, Michael Jackson's estate asked that Doe 1, Jackson, be removed from the case as a defendant. As reported by L.A. Watts Times, in an article titled "Judge denies motion in Jackson estate case," the judge ruled for now that Doe 1 could remain as a defendant. However, it appears that the judge would like a clearer statement from Robson regarding what his case is about as the judge has requested an amended complaint. It is not clear why Robson did not sue the estate in the first place. His lawyer claims it was for discovery purposes.

This is just one of many legal issues that Michael Jackson's estate has had to face. The biggest is a feud with the IRS over estate taxes. Given the high-profile nature of the estate and its immense wealth, the estate will likely be involved in litigation in some form or another for decades.

Reference: L.A. Watts Times (October 2, 2014) "Judge denies motion in Jackson estate case"

Inheritance from a Long Lost Uncle? It Could Happen

An insular Hemel Hempstead man who died with an estate worth £750,000 has had his legacy split among 39 relatives who never even knew he existed.

What are the odds that a long lost relative will leave you an inheritance? Although chances of this type of inheritance are slim, it really can happen.

You have probably heard this one before either in a book, television show or movie. Just when the main character is at his or her most desperate need for money, they receive notice from an attorney that a relative the character has never heard of before has left a large inheritance for the character. In fiction, the benefactor is normally a long lost uncle, but other distant relations have been used. While it is not something you should count on happening in real life to you, there is a truth behind the storyline.

Consider the case of John Floyd as reported by Hemel Today in an article titled "Heir Hunt in Hemel!"

Floyd passed away at the age of 75 with a small fortune. The problem was that he was an intensely private man. He was an only child whose parents had passed away. No will was found. No one had any idea if he had any living relatives, let alone where any could be found. If relatives could not be found, then Floyd's estate would go to the government.

A local lawyer, however, decided to conduct a search for Floyd's relatives. After three years, the lawyer found 39 living relatives in the UK, Australia, the United States, and elsewhere in Europe. These relatives will each receive a portion of Floyd's estate.

If there is a disturbing part of this story, it is that most of the relatives who will inherit Floyd's assets never knew him. It is a real life long lost uncle story. Floyd might have preferred that his wealth went to people he knew, but because he did not have an estate plan that did not happen.

The lesson learned is to engage an experienced estate planning attorney who is required by law to keep your confidences and secrets. Consequently, you may maintain your privacy and have an estate plan designed to meet your specific wishes.

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Reference: Hemel Today (September 23, 2014) "Heir Hunt in Hemel!"