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)

It Is Always About Trump Even When It Is Not

Phyllis Schlafly was a noted conservative icon known primarily for opposing the proposed Equal Rights Amendment to the Constitution in the 1970's.  She died last September at the at age of 92 survived by her six children.  Her daughter, Anne, is contesting the last revision to her will which provided that any legal challenges to the will are to be paid out of the share of the person bringing them. Her brothers claim that Anne’s legal challenges have already cost $1 million in legal fees.  

Three brief points:

1.  A standard no contest clause in a will usually provides that if someone contests the will, he  will lose his entire inheritance.  This is why it is advisable to leave more than $1 to a disinherited heir.

2.  This disputed clause seems to be more lenient than the typical no contest clause and definitely does not seem worth challenging.

3.  Only in the world of our Trump obsessed media, would Schlafly’s support of President Trump garner the headline and two paragraphs in this article that has nothing to do with the President. 

                                                                      Photo Copyright:  David R. Usher/Facebook
                                                                      License:  Fair Use/Education

The Thrill Is Gone, Part II

Since BB King died two weeks ago, some of his family members have accused his manager of poisoning him and have also threatened to challenge his will.  King allegedly left his 13 children $5,000 each and left $3,000 to his grandchildren.  He left the balance of his estate in trust for the education of future descendants.

Several points:

1.  When children make ludicrous accusations against a long time friend and confidante, it is easy to see why Mr. King would want to leave them a nominal amount from his estate.

2.  To ward off a will contest, Mr. King could have left them a larger sum i.e. $50K and tied the acceptance of it to not contesting the will.  If someone contested the will, she would not receive her inheritance.

3.  With their educations funded by Mr. King, perhaps his future descendants will realize that 89 year old diabetics in hospice care die naturally and not from poisoning.