Unduly Influenced Boss (Sumner Redstone Pt. 5)

Viacom and CBS President, Sumner Redstone, is back in the news this week. He removed Phillipe Dauman and George Abrams, who are directors of Viacom, as Trustees of one of his trusts. They are contesting their removal by alleging he is incompetent. In a huge twist of irony/self-preservation/whatever you want to call it, only six months ago they testified he was competent to remove a girlfriend as his health care proxy.

Three brief points:

1. The stakes in the previous battle involved who could make his health care decisions if he could not (while the real plot was whether he could change his will to disinherit his former girlfriend) while these stakes are who gets to control Viacom and CBS after Redstone's death.

2. I think if Redstone is in a wheelchair, being fed by a feeding tube, and able to communicate only through an aide now, and was in the same condition six months ago, he was likely incompetent at both junctures.

3. Dauman and Abrams have reaped what they have sown. Being close to Redstone is like having an alligator as a pet - it might seem cool, but eventually it (i.e. he) will devour you.

Guardians, Drugs, and Embezzlement

A Massachusetts man was appointed guardian of his niece and nephew when their parents died in a car crash in 2009. The man was recently indicted for allegedly stealing approximately $250,000 from their trust fund in the 11 months after he was released from rehab. He pleaded not guilty. 

Three very quick points: 

1. I always recommend that clients designate different individuals to serve as guardian and trustee. 

2.  If different people, the guardian should be able to ascertain if the trustee is stealing from the trust. 

3.  Embezzlers are smart enough to not use stolen funds to buy tangible property, but not smart enough to avoid being caught. Such is the lot of gambling and drug addicts.

Ella Mason Was the Reasonable One

When she died in 2003, a Maine woman left almost of all of her $200,000 estate for the care of the unwanted and abandoned cats in her hometown.  Her two page will appointed trustees to administer the funds but did not specify who should actually receive the funds.  Now, two women who run makes shift cat shelters have sued the trustees and the attorney who drafted the will.    The two women spend nearly all of their disposable income to provide for the cats.  One of the women has not visited family for 2 years because she is afraid to burden the other woman with all of the cat care in her absence.

Several points:

1.  Obviously, the trust is lacking in specifics about how the funds should be spent and should have included direct beneficiaries.

2.  Any two page will is lacking in many specifics without even incorporating a trust into it.

3.  The attorney should be dismissed from the lawsuit.  His legal duty was only to his client - he did not owe any legal duty to the people suing the trust.

4.  Need I point out that stories involving multiple cats never include a male?

Tell Family Members About a Will?

Telling family members about estate plans is a delicate matter.  I recommend the following approach.

1.  Obtain the consent of executor, trustee, and guardian to serve.  Do not surprise them with their responsibilities at death.

2.  Inform the executor of the location of the documents, but do not necessarily provide a copy if they contain provisions that will upset family harmony if known.

3.  For adult children who will inherit a significant sum of money, do not inform them of the amount but suggest to them that they seek financial advice and work with the family financial advisor. 

4.  Related to No. 2, by all means if a child is being disinherited, or if assets are being left to charity instead of to nieces and nephews, do not inform anyone.  If they find out, the disinherited heirs could make the client's life miserable and make the client wish for a hastened death.  

Smart Rider

The late Dennis Hopper made several wise estate planning moves late in his life. First, he had a pre-nuptial agreement when he married his fifth wife. Second, when he was dying and was in the midst of an acrimonious divorce with her, he created a trust for their then 7 year old daughter to which he left nearly $3 million. The then estranged spouse/now widow has no control over the trust assets.  

Two points. When a couple is divorced with minor children, I always advise my client to create a trust to hold assets for the children upon the death of the client. Otherwise, the former spouse will control the assets until the child turns 18 and may benefit from the assets. Second, when marrying for the 5th time, I am glad to see that Mr. Hopper had learned enough from his 4 previous failed marriages to execute a pre-nup. Old dogs can learn new tricks.   

Choice of Trustee

Who should serve as trustee of a trust?  Choices are usually family members or a corporate trustee from a bank or investment company. 

I usually advise clients to look at their family members first, then use a corporate trustee if there is no one suitable.  However, I always try to dissuade my clients from naming one child as trustee of another child's trust as a means of preserving family relationships post-death.  Grandparents can serve as trustee for the short term.  However, if the parents or grandparents are Michael and Dina Lohan, I always advise that the client use a corporate trustee.