Showing posts with label creditor claim. Show all posts
Showing posts with label creditor claim. Show all posts

Tuesday, December 12, 2017

I Don't Think I Love You

Limping to the end of the year while looking for celebrity news. Finally found some with respect to former teen heartthrob, David Cassidy, of Partridge Family fame. The will of the thrice divorced entertainer leaves his entire $150K estate to his son, Beau, from his third marriage. Cassidy specifically excluded his daughter from a previous relationship, actress Katie Cassidy, from the will. Meanwhile, a law firm which represented him has sued the estate for $100K of unpaid fees.

Several points:

1. Cassidy is free to leave his assets to whom he wishes - he is not obligated to leave them to his out of wedlock daughter.

2. The law firm should be paid from the estate before beneficiaries receive any distributions.

3. $150K estate after 50 years in show business? Divorce and drugs are expensive habits.


Photo Credit:  Facebook.com - Respect for Katie Cassidy
License:  Fair Use/Education

Monday, May 15, 2017

Rules Are For the Little People

In an unusual moment of sanity, the federal government announced on Friday that it would stop seizing the tax refunds of taxpayers whose parents owed money to Social Security from years ago.  This has been governmental policy since late 2008.  In typical bureaucratic efficiency, the IRS would send letters to addresses that had not been used in 40 years or would inexplicably be unable to contact someone who had lived at the same address for 40 years.  In its defense, the IRS does not pass these inane laws, it merely enforces what Congress has passed.

Three quick points:

1.  Typically debts die with a person and the heirs of an individual are not liable for his debts.  This is an exception. 

2.  If you want to point fingers for this law punishing innocent taxpayers for the alleged sins of their parents, point to Todd Platts, a former Republican Congressman; a Democratic House and Senate in 2008; and a legislative process that allows crap like this to get inserted into a Farm Bill.

3.  It is nice of the WaPo to take a breath from its anti-Trump obsession and to focus on the injustice caused by this process.  


Photo Credit:  Evelyn Hockstein for the Washington Post
License:  Fair Use/Education

Sunday, June 12, 2016

Shake Down the Thunder

Aubrey McLendon was an Oklahoma City businessman who made his fortune in the energy business. He died in a March auto accident the day after he was indicted for allegedly rigging the price of oil and gas leases. He also owned 20% of the Oklahoma City Thunder. Attorneys for one of the lenders to his business have already filed motions in the probate court asking for input into the sale price of his interest in the NBA team. They fear the estate will sell it to his widow for less than the maximum price even though it is not currently for sale. They stated that the primary purpose of the probate court is to protect the interest of creditors.
Several quick points:
1. Under Ohio law, creditors have six months from the date of death to file a claim to protect their interest.
2, Once the claim is filed, they sit back and wait for the estate to be settled. Distributions may not be made until the creditor's claim has been paid.
3. I love it when high priced corporate lawyers bring their white shoes, prestigious degrees, high billable rates, and commensurate bluster to the serene probate area where the purpose, contrary to their belief about protecting creditors, is to ensure the orderly transfer of assets pursuant to a decedent's wishes in due time. Actually, I do not love it - I find it annoying.