He Would Die 4 U

It has been two years since Prince died of fentanyl poisoning. Because he did not leave a will instructing how to administer his estate (remember he thought was going to live until he was 1999), a bank has been appointed as executor of his estate while his siblings and half siblings will be the beneficiaries.

Some of his friends are complaining that his executor, who is supposed to maximize revenue from the estate, is not respecting Prince’s legacy by releasing material such as Prince’s original recording of “Nothing Compares 2 U”, allowing tours of Paisley Park, and permitting a hologram image of Prince to be used during Justin Timberlake’s Super Bowl show.

Several points:

1. If Prince wanted to control his legacy he should have executed a will. Even people with no sense of mortality need to provide for their demise.

2. It is easy for friends who have no financial stake in Prince’s estate to complain about the revenues being generated by not respecting his legacy.

3. Justin Timberlake needed all the help possible for his Super Bowl performance.

4. Pains me to say this as a huge Prince fan, but Nothing Compares 2 Sinead’s version of the song.

Photo Credit:  Michael S. Williamson/Washington Post
License:  Fair Use/Education (from linked article)

What Is It With Sacramento?

Rosalie Achiu is a recently widowed Sacramento woman. Her neighbors described her as suffering from dementia. Shortly after she called the Sacramento sheriff for assistance in January, one of the responding deputies obtained her power of attorney, drilled a safe deposit box, moved her out of her house, and placed her on a plane to the Phillippines ostensibly to visit relatives there. The deputy claims that she did all of this at the behest of the woman. The deputy is now under investigation by her department.

A few points:

1. Color me skeptical that a woman would instantly give financial control of her assets to a law enforcement officer she recently met and that the officer would accept such power for benevolent purposes when social services and the probate court could assist the woman.

2. Mrs. Achiu should have executed a power of attorney prior to her husband’s death, or shortly thereafter, designating a trusted friend or relative as her attorney in fact for both financial and medical decisions.

3. In true 2018 fashion, the deputy claims that she is being investigated because she filed a harassment claim against her now current supervisor in 2007. This does not explain why her partner is also being investigated.

Photo Credit:  Unknown (AP?)
License:  Fair Use/Education

The Morning Line

I subbed for Paul Daugherty's TML blog in the Cincinnati Enquirer again yesterday. I discussed the Reds new manager, the FC Cincinnati MLS bid, and our day in Cuba among other topics.

I hope you enjoy it.

Photo Credit:  Sam Greene for Cincinnati Enquirer
License:  Used by Enquirer in article I wrote for the Enquirer

#MeToo (#SheWasFirst)

William Agee was a boy wonder corporate exec in the late 70's and early 80's when he helmed Bendix Corporation. Mary Cunningham was a Harvard MBA grad voted most likely to be CEO of a non-cosmetics company. She spurned job offers on Wall Street to work for Bendix as Agee's personal assistant before being promoted to Vice President. They eventually divorced their spouses and married each other while ignoring rumors that Cunningham had "slept her way to the top."

After Agee's several failed business deals reportedly undertaken under Cunningham's advice, Cunningham became known as the Yoko Ono of finance. They settled in Napa Valley where Cunningham acquired the moniker of "Tomato Lady" for growing special tomatoes.

Six weeks before he died, Agee, reportedly suffering from dementia, changed his will to leave half his assets to his children from whom he had been estranged for 35 years. He also filed for divorce from Cunningham and named his daughter as his health care power of attorney. His last communication with his wife was via Face Time from Seattle. Cunningham is challenging the will although it does not matter because most of his assets were in his trust which was unchanged before his death.

A few points:

1. A will change six weeks before death to benefit children who have been estranged for 35 years will always generate questions of competency..

2. If Agee changed his will prior to his death, he should have also changed his trust if his assets were titled in the name of the trust.

3. Yoko Ono of finance? Tomato Lady? Music fans could only wish that Yoko Ono had grown tomatoes instead of creating unlistenable music and breaking up the Beatles.

Photo Credit:  Mary Moritz for the New York Times

License:  Fair Use/Education

Back From Spring Break

Quick Caribbean cruise with Jack and 3 St. Xavier classmates including a day in Cuba. Post soon.

Till I Get to the Bottom and See You Again

In news of no importance, a California court ruled that the body of infamous mass murderer, Charles Manson, should be given to his grandson. The claims of a man claiming to be the son of Manson via an orgy and someone who was Manson's pen pal were denied. The question of who will inherit Manson's estate is still to be determined.

A few points:

1. The body was released to Manson's closest living relative as it should have been.

2. The competition for the body of a man who personified "evil" is odd.

3. The battle for the body is a prelude for a battle for his estate although after 47 years in prison the estate likely consists of a blanket, toothbrush, razor, and a few dollars for working in the prison laundry.

Photo Credit: California Dept. of Corrections
License: Fair Use/Education

We Rebelled Against Monarchy for a Reason

Times are slow in the estate planning news area. I have been awaiting the resolution of a court hearing in Hawaii about the estate of their last living “Princess” for the past month. Alas, nothing has been reported.

Abigail Kinoiki Kekaulike Kawananakoa is considered the last living Hawaiian princess. Her great-aunt was the last Queen of Hawaii. Her great-grandfather was a pineapple magnate who left her a fortune. The 91 year old survived a stroke last summer. Her long time attorney was granted control of her $250 million estate. Her long time 64 year old girl friend married her last Fall after initially breaking up with her because she wanted more than the $700K annual allowance she was receiving.

A few points of some pithiness:

1. Planning wise, Abigail should have had a financial power of attorney designating someone to handle her finances if she were incapacitated.

2. She also should have a medical power of attorney allowing someone to assist her with her medical decisions when necessary.

3. Hawaiians revere their royalty no matter how tenuously connected to the throne from 125 years ago.

4. Some (including me) might call a woman who marries an incapacitated wealthy woman 27 years older than her an opportunist rather than a wife.

Photo Credit: AP
License: Fair Use/Education