A Bitter Apple

A British woman died and left her iPad to her children.  She used it for e-mail and games after being diagnosed with a terminal illness.  Her children  have been unable to access all of the content on it because they do not have her Apple ID and password.  Apple has requested a court order proving that she was the owner of the iPad and the account.  The legal fees for obtaining the court order would exceed the value of the iPad.

Several points:

1.  I advise all of my clients to write down their on-line passwords and store them safely so that heirs can access their digital assets if necessary.

2.  When one is terminally ill, tasks such as making a will, discussing funeral arrangements, sharing passwords, etc.,  that can be done today should be done today.  There is no reason to delay because there might not be a tomorrow.

3.  The iPad will work without the Apple ID so what is likely happening is that the family does not know the iPad's 4 digit lock code.  With 10,000 combinations and a five minute lock after 3 incorrect guesses, the family should be able to crack the code in 11.5 days with methodical guessing.  Their time might be better spent working to buy a new iPad and forgo listening to mom's music and playing her Angry Birds.

Greed Does Not Brake for Tragedy

A Milwaukee attorney and another  law firm represented the family of a couple innocently killed in a horrific DUI accident.  After reaching a settlement with one insurance company for $250,000, the attorney committed suicide.   The executor of his estate found the $250,000 check payable to the attorney and the other firm and sent it to other firm for safekeeping. The other firm cashed the check but then refused to give the deceased attorney's share of the attorney fees to his estate alleging he breached the fee sharing agreement by committing suicide.

Several points:

1.  Checks payable to someone who subsequently dies are part of the probate estate.

2.  I am not sure how the law firm was able to cash a check payable to two parties.

3.  The legal fee in this matter was clearly earned when the settlement was received so the law firm's theory for non-payment has no grounds.

4.  With business partners like the law firm, I can see why the attorney thought the world was bleak.

Cincinnati Pride

No celebrity wills and probate today, instead a bit of love for Cincinnati.  National Geographic Traveler noticed all of the energy and happenings in town from 21 C Hotel to OTR and from Rhinegeist Brewery to the American Sign Museum.  A former NYC resident now living in town said, "Cincinnati has gone from musty to must see."  So true.  Walk taller and with your chest out, Cincinnati.

Philip Seymour Hoffman Will

The will of Philip Seymour Hoffman was admitted to probate this week.  Despite sloppy media reporting about a trust for his son (I am looking at you Reuters and New York Daily News), the will left all of his $35 million estimated estate to his girlfriend, and mother of his 3 children, Mimi O'Donnell.  The will also had an unusual request that his son be raised in NYC, San Francisco, or Chicago.  The will was signed before the birth of his 2 daughters.

Several points:

1.  Wills should be reviewed after the birth of a child to ensure that the new baby is included and to ensure that the proposed guardian can adequately care for the additional child.

2.  Hoffman's estate will owe approximately $12 million in federal estate taxes on the 9 month anniversary of his death.  The tax could have been delayed until the death of Mimi O'Donnell due to the use of the marital deduction if they had been married.

3.  If the mainstream media will not employ fact checkers, I am available for $300 per hour to review and advise them on wills of famous people.

4.  The 55 unused bags of heroin in his apartment were not addressed by the will.

5.  NYC, Chicago, and San Francisco?  Apparently diversity is good, but does not include being exposed to Republicans.

Fast, Furious, and Thriller

As noted earlier, when Paul Walker's executor filed his will with the probate court, he estimated his future income at $8 million and this total estate at $25 million.  Also, as noted last Fall, the Executors of Michael Jackson's estate are battling the IRS over the value of his estate, which they declared to be only $7 million but the IRS contends is worth more than $1 billion.  The discrepancy stems largely over the value of MJ's likeness for commercial purposes (t shirts, merchandise) and the value of his musical catalog which also includes Beatles songs.  His estate valued them at $2,100 and $0 respectively.  The IRS valued them at a combined $900 million.

Several points:

1.  If Paul Walker will earn $8 million post-mortem, a $7 million valuation for Jackson's estate is ludicrous.

2.  The King of Pop grossed $160 million in 2013, more than any other celebrity belying the low valuation of his music if not his likeness.

3.  I doubt that the image of a deceased entertainer with MJ's murky past is worth $450 million, but it is worth more than $2,100.

4.  It might seem like the IRS "won't stop 'til it gets enough" and the issues are "black or white," but the estate's stated values are "bad" if not "dangerous" and could make his family "scream" if they do not "beat it."

Fast, Furious, and Admitted to Probate

The will of "Fast and Furious" star, Paul Walker, was admitted to probate last week.  The 2001 document has garnered some media attention because it appoints his father as executor of his $25 million estate which he left to a trust and designates his mother as guardian of his daughter, Meadow Rain, even though her mother survived her.   His estate consists of $10 million of investments, a house with $8.5 million equity, and projected $8 million residuals from his movies.

Several points:

1.  In split household situations, the biological parent will almost always be the sole guardian of a minor child even if the will designates someone else.

2.  In split household situations, I always designate a guardian for the minor children, although I condition it on the other parent being unable  to provide a stable home environment.

3.  Mr. Walker could have avoided the probate process on his investments by adding a transfer on death (TOD) designation to his trust.

4.  Meadow Rain?  In the annals of names of celebrity children it is probably better than Apple Martin and Blue Ivy Carter, and definitely better than Peaches Honeyblossom Geldof, Fifi Trixibelle Geldof, Moon Unit Zappa, and Diva Muffin Zappa but falls short of Tallulah Willis and Scout Willis.

Rock and Roll Lawsuits Never Die

Bill Graham was a famous concert promoter who died in a helicopter crash in 1991.   His estate sold his company, Bill Graham Enterprises, in 1997.  Prior to selling the company, the estate transferred his copyrights and trademarks, including the rights to famous concert posters, to the company.  His sons, who each inherited $10 million, sued the executor in Federal Court in 2010 for not disclosing the sale to them.  The sons allegedly discovered the sale while rummaging through their father's business records in '09.  The suit was initially dismissed because the 4 year statute of limitations had long expired, but the 9th Circuit said that the case may proceed to trial.  

Several points:

1.  Probate is a state court matter.  I do not know why this is in federal court unless the attorneys were counting on the 9th Circuit to make an out of left field ruling in their favor.

2.  Of course a business transaction that looks good in 1997 might be viewed as less savvy in 2010.

3.  I suspect that the sons had depleted most of their inheritance and were actually rummaging for dollars when they "discovered" the sale of the property.