Three of the Biggest Arguments in Probate
February 18th, 2010 Filed under: ab trust,Executor Fees,sample wills,Trusts attorney — Estate Planning Author
When dealing with the final will and testament of the owner of a large estate, advice from a professional probate service is a good idea. The most basic reason it can be a good idea is that dealing with a range of assets, investments, stocks and so forth can be an extremely time consuming and complicated affair. You don’t need to be a solicitor or accountant to handle probate yourself – but it’ll take you a long time.
The best reason though is that a probate solicitor or service can help you cut through the arguments that can surround a wealthy estate. This is especially true with more complicated final arrangements such as trust funds, company holdings, or real estate. If you need convincing, here are a few dramatic examples of some of the more famous probate disputes of recent years:
Tom Carvel – the Tnventor of soft serve ice cream and one of the pioneers of the American franchise system. When 84-year old Carvel died in 1990 a huge legal battle began. With 850 franchises throughout the states, the Carvel estate was worth an estimated $80 million. In this case, fighting began because Carvel and his wife, Agnes, had left a will placing their money in trust that would benefit charity and provide a living income for the surviving members of the family. Unfortunately those trusts were under the control of two long-time employees of the company, and disagreements between the Carvel family and these employees began a legal battle that continues to this day.
Jimi Hendrix – The world’s “best guitarist ever” (Rolling Stone) left behind a legacy of legal cases as well as legendary music when he passed away in 1970. Only 27 years old at the time, the artist died without a will, and launched a series of lawsuits over royalty and likeness rights with record companies, recording studios, and unsurprisingly, the Hendrix family. For twenty years after his death, the Jimi Hendrix estate was managed by an attorney with little public controversy. But in 1990, Al Hendrix, Jimi’s father – who had left his mother in the 50′s – sued for control of the estate.
After winning the case in 1995, Al created a series of partnerships, estates and other arrangements that kept Jimi Hendrix alive in popular culture. But with his death in 2002 the estate was plunged into legal controversy. Al left nearly all of the $80m estate to his adopted daughter, Janie, prompting Leon Hendrix – Jimi’s brother – to sue. The lawsuit dominated headlines in the US for the duration of the three month trial, and ended with an uncertain verdict that Janie Hendrix was simply “the family member Al trusted the most” due to Leon’s spotty history.
Ike Turner – Another big name in Rock n’ Roll was also the course of a fierce legal battle. Turner died aged 76 of a cocaine overdose in December 2007 and his approach to his last will and testament was typically carefree. In fact, like many complicated probate cases, the problem was whether or not he even had a will. Turner’s six children claim that the rock star died without a will. His final ex-wife (number 13) claimed that he had left a handwritten will leaving everything to her – after the marriage had ended. Things were further complicated when the Turner children pointed to a handwritten note that appeared to revoke the first, written just one month later.
If that wasn’t enough, Turner’s former attorney possessed yet another handwritten will, which named him the executor of the estate with instructions to contact one of the Turner children for advice. In the end, the North Carolina judge in charge of the trial tentatively found in favour of the adult children in November 2009. At the heart of the battle for the Turner estate was the royalty rights to the star’s catalogue of nearly 4,000 songs – including those made with former wife Tina Turner.
Edith Peterson is a freelance author and solicitor who has a vast knowledge as a Will Writer. For more information please visit: http://www.finalduties.co.uk
