Tuesday, September 17, 2013

Visits Trump Cards (Huguette Clark Pt. 3)

I previously blogged about the will dispute over Huguette Clark's fortune, here and here.  Now the issue is set for trial in the next week.  I snarkily  wrote "When a distant relative is a Gilded Age heiress, a Christmas card and occasional phone call provide a great return on investment."  It turns out that her great-grandniece did send her a Christmas card for 33 years until her death and was still excluded from the will.  Actually, the great-grandniece and other distant relatives were included initially in a 2005 will but then excluded by a revised will she signed a month later.  However, no relative saw Ms. Clark between 1968 and her death in 2011.  The excluded relatives are challenging a will which left most of her fortune to her caregivers, her support network (including her attorney), and the hospital in which she resided for her last 20 years.

Several points:

1.  1968?  43 years before her death?  Those relatives were not important to Ms. Clark.  Nor was she to them.

2.  The grounds for challenging a will are either lack of mental capacity or undue influence.  If she was not competent to execute the second will, it is doubtful she was competent the prior month to leave everything to the relatives.

3.  The lawyer drafting a will should never be a beneficiary of the will.  He should bring in another attorney to prevent the appearance of undue influence by him.

4.  My guess (which based on my prior snark and other poor predictions in this blog is probably wrong) is that she reflexively signed a will leaving her assets to her relatives even though she had not seen them since the RFK and MLK assassinations and the moon landing, then reconsidered and decided to leave her assets to people who had made a difference in her life.

5.  More bloggers, and journalists, should admit their poor prognostication abilities.