Mile High Litigation

Pat Bowlen was the long time owner of the Denver Broncos. He died this past June of Alzheimer’s Disease. He created a trust in 2009 to hold and operate the Broncos.  In 2013, he stepped away from the team and turned control of it to the three trustees.

The trust provides that the trustees will pick one of his 7 children to operate the team. The trustees are reported to have selected his 29 year old daughter, Brittany. Meanwhile, his two daughters from his first marriage have filed suit challenging his competency to execute a trust in 2009 when he was allegedly exhibiting signs of Alzheimer’s in 2006. The trust has a no contest provision which would cause the eldest daughters to lose their entire share of the trust by contesting it.

Several points:

1. Bowlen could have been suffering from Alzheimer’s while still having the required capacity to sign a will and trust i.e. know his assets, his heirs, and what his planning accomplishes.

2. Call it a hunch, but if Bowlen was incapable of managing his affairs, the NFL would not have permitted him to run the Broncos until 2013.

3. It is hardly a news flash that a trust dispute pits children from a first marriage against children from the second marriage.

4. If Bowlen’s daughters wish to show their father was incompetent in 2009, they should point to the drafting of Tim Tebow in the first round by the Broncos.

Photo Credit:  Joe Amon for the Denver Post
License:  Fair Use/Education (from linked article)

(Not) Gentle On His Mind (Part 2)

I previously noted that Glen Campbell’s 3 children from his second marriage were contesting his will which he signed in 2006. The will omitted them, likely due to their supporting their mother during her divorce from Campbell and later suing him over the publishing rights she received in the settlement. His 2001 will also omitted them. The children recently dropped their lawsuit.

A few points:

1. The lawsuit would have been difficult to win because Campbell made both wills long before he went public with his Alzheimer’s diagnosis.

2. Campbell’s estate was recently valued at $1.2 million which is way less than the original estimate of $50 million.

3. If the omitted children were successful in challenging Campbell’s estate plan, they would have inherited $100K each tops.

4. The money for recording artists is in the writing and publishing not the performing. Campbell generally performed songs written by others.

5. Three divorces, 8 children, and years of cocaine use are never conducive to accumulating wealth.

Photo credit:  Larry McCormack/The Tennessean
License:  Fair Use/Education (from linked article)

(Not) Gentle on His Mind

After Glen Campbell died last year of Alzheimer’s disease, his fourth wife of 35 years presented a will to the probate court which excluded his 3 children from his second marriage. The will, which was executed in 2006, did provide for his wife and all of his children from his first, third, and fourth marriages. Naturally, his excluded children are contesting his mental capacity to execute the will.

Several brief points:

1. Campbell’s disinherited children will have to prove that Alzheimer’s caused him to forget that they were his children, or to harbor animus to them.

2. Their case will be difficult to prove because the will was executed five years prior to him telling the public that he was suffering from Alzheimer’s.

3. Their case will be doubly difficult because Campbell’s 2001 will also excluded them.

4. As a general rule, if you want to inherit from your father, do not sue him while he is alive (as they were alleged to have done over publishing rights).

Photo Credit:  Calli Shell for The Tennessean (in linked article)
License:  Fair Use/Education