Jim Carlen was one of the winningest
football coaches at the University of
South Carolina. His children from his first marriage, which
ended in 1980, are suing his 2nd wife of 29 years alleging that she influenced him to leave all of his estate to her.
His 2007 will and all prior wills
had included the children from his first marriage. The 2010 will, executed one year after he was
diagnosed with dementia, left everything to his widow. In 2011, he executed a power of attorney in favor
his wife which she purportedly used to transfer assets to herself prior to his
death
Several points:
1. A will executed by an individual diagnosed
with dementia that substantially changes his estate plan will always be challenged
by the beneficiaries of the prior will.
2. The coach could have provided for both his
widow and children by leaving assets to her in a trust and having them
distributed to the children upon her death.
3. Proving that pigs get fat and hogs get
slaughtered, the widow would have been better off ensuring that the children
received something rather than seeing them disinherited entirely.
4. 45 wins constitutes the third most wins at South
Carolina? That
might explain the one conference championship it its history.
