Sunday, March 1, 2015

Wednesday, February 25, 2015

Cincinnati Pride (Part 3)

The NYT reported about the revival of downtown Cincinnati real estate.  If you are from out of town, come visit us. If you are from Cincinnati, brag about us.  It is a great time to be a Cincinnatian.


Tuesday, February 24, 2015

Greg Plitt's Final Run

Greg Plitt, the "star" of Bravo's "Work Out" show, was struck and killed by a train last month while allegedly filming a commercial for an energy drink which involved him trying to outrun a train.  Sources indicate that his will was not witnessed so TMZ has reported that his father has applied to be the administrator of his $800K estate.

Three quick points:

1.  TMZ is not the bastion of legal accuracy so they are incorrect in stating that Plitt's father will determine which creditors get paid and "how the remaining money gets divvied up."  The intestacy statute of California requires that his parents will share his estate.

2.  Any 37 year old should have a will.  It is part of being a grown up even if adolescence is delayed while being a fitness model.

3. While we know that Plitt fatefully disregarded his parents' advice about not playing on train tracks, it remains uncertain if he disregarded his parents' admonitions about not running with sharp objects in his hand, playing with matches, and looking both ways before crossing the street.


Sunday, February 22, 2015

Eggs On Ice

Before a young British woman died of cancer 4 years ago, she froze her ovarian eggs.  Her 59 year old mother now wishes to have the eggs fertilized by a sperm donor in an attempt to give birth to her daughter's child.  A NYC fertility clinic has agreed to assist the woman for $90,000. Britain 's Human Fertility and Embryology Authority (HFEA) has denied the woman's application to receive the eggs and send them to NY because there is no clear evidence of  the deceased's wishes.

Several points:

1.  I have addressed this issue twice in my practice.  When actual embryos are involved, I specify in the will who will receive the embryos.  With respect to gametic material, the Hamilton County Probate Court allows it to be given to a will beneficiary without it being specifically mentioned.

2.  As a U.S. citizen, I am thankful we do not have a know it all organization like the  HFEA interfering with an individual's decisions and wishes.

3.  I suspect the legal issues in a case involving frozen sperm would be stickier.

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Thursday, February 19, 2015

Let's Litigate Two!

In playing his entire Hall of Fame career for the Chicago Cubs, Ernie Banks became the most famous and beloved player in Cubs history.  At the time of his death last month, he had been estranged from his third wife for 7 years.  He revised his will several months before his death to leave all of his assets to his caregiver of several years and to nominate her as his executrix.  His sons are questioning the validity of his will while his ex-wife has gone to court to prevent the caregiver from cremating his body and spreading his ashes in Wrigley Field.  His sons and estranged wife both allege he was suffering from dementia prior to his death.  The funeral home which handled his funeral and the cemetery where he was supposed to be buried both state that they have no knowledge about the location of his body.

Three quick points:

1.  A will revised by an individual immediately prior to death which leaves assets to a care giver instead of children is ripe for contesting on the grounds of both lack of mental capacity AND undue influence.  I doubt this will work out in the favor of the care giver.

2.  It is possible that the body of Mr. Banks is located with the head of Ted Williams.



3.  Steve Bartman wishes he could have vanished as effortlessly as the body of Mr. Cub.


Thursday, February 12, 2015

The Facebook Death Mask

Facebook today announced a change in its policy towards the accounts of deceased users.  It will now allow a user to designate a "legacy contact" to manage the account of a deceased user.  Previously, Facebook froze the account of a deceased user which left the account in a state of virtual purgatory.

What you need to know:

1.  To designate a legacy contact, go to Settings, choose Security, and then Legacy Contact at the bottom of the page.

2.  Stupidly, you may not designate a contingent legacy contact so do not choose someone you travel with frequently or who might kill you in a murder-suicide.

3.  Legacy contacts may not alter what you have previously posted.  If something is embarrassing while alive it will remain embarrassing post mortem.

4.  This might all be for nothing anyway.  How fun will Facebook be if one cannot post a picture of himself with the most hated man in Kentucky?

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