Surrogate Court dockets are filled with cases involving family members fighting over the assets and intentions of a deceased parent or spouse. Probate Wars of the Rich & Famous: An Insider’s Guide to Estate Planning and Probate Litigation tracks the estate litigation cases of Anna Nicole Smith, Brooke Astor, Michael Jackson, Nina Wang, Jerry Garcia and Leona Helmsley and identifies the five universal factors that caused such disputes. Each chapter provides estate planning insights designed to help individuals plan their estates without causing litigation. If, however, probate litigation cannot be avoided, the book also provides invaluable lessons about undue influence claims, how to remove a fiduciary, demanding an estate accounting and claims seeking to set aside lifetime transfers that undermined the decedents intentions. Few – if any – estate planning books utilize colorful celebrity accounts to provide meaningful insights and actionable advice.
Tabela de Conteúdo
Acknowledgments xi
About the Author xiii
Introduction 1
Chapter 1 Legacy of a Lifetime 5
Legacy Lesson #1: The Estate Planning Effect 9
Legacy Lesson #2: Passing the Torch without Getting Burned 10
Legacy Lesson #3: The Holistic Approach 11
Legacy Lesson #4: Dropping the Gauntlet 12
Chapter 2 Stripping and Being Stripped 13
Legacy Lesson #5: The Elective Share and Prenuptial Agreement 27
Legacy Lesson #6: Providing Equitably Both for a Second Spouse and Children from a Prior Marriage 28
Legacy Lesson #7: Disinheriting a Family Member 30
Chapter 3 The Astor Disaster: A Legacy of Influence and Undue Influence 33
Legacy Lesson #8: Monitor the Health and the Wealth of a Loved One Who is Ill and Vulnerable 79
Legacy Lesson #9: Anatomy of a Contested Estate 88
Legacy Lesson #10: Influence or Undue Influence? 91
Legacy Lesson #11: By Gift or by Theft? 94
Legacy Lesson #12: Time in a Bottle–Good Days and Bad Days 97
Legacy Lesson #13: Protecting against Fraud 99
Chapter 4 The Benevolent Queen of Mean 105
Legacy Lesson #14: Protect the Pooch 119
Legacy Lesson #15: The Grim Reaper’s Silver Lining 124
Legacy Lesson #16: A Generation Skipped 127
Legacy Lesson #17: Buried, But Not Resting Peacefully 129
Legacy Lesson #18: The Mission Statement: A Legacy Builder or Buster 134
Chapter 5 A Sweet and Sour Legacy 139
Legacy Lesson #19: A Stitch in Time Saves Nine 148
Legacy Lesson #20: Respecting the Formalities of a Will Signing 149
Legacy Lesson #21: Clarity versus Ambiguity 150
Legacy Lesson #22: Videotaping a Will Signing 151
Chapter 6 Is This It? 153
Legacy Lesson #23: Raising Helen 168
Legacy Lesson #24: If You Want Privacy, Use a Revocable Trust 170
Legacy Lesson #25: The Business of the Business 171
Chapter 7 Lessons from the Dead 183
Legacy Lesson #26: A Legacy in the Hands of Fiduciaries 200
Legacy Lesson #27: Heirlooms Can Define a Legacy 202
Chapter 8 At the End of the Day 205
Appendix A Fact Sheet for Last Will and Testament 209
Appendix B Probate Litigation Fact Sheet 221
Bibliography 229
Index 251
Sobre o autor
Russell J. Fishkind is a Partner in the Personal Wealth, Estates and Trusts Department at Saul Ewing LLP, where he focuses on high net worth estate planning, business succession planning, estate administration, and probate litigation. He is also an Associate Adjunct Professor at New York University, where he teaches estate and business succession planning. Fishkind is the author of Legacy of a Lifetime, coauthor of the J.K. Lasser Pro Estate and Business Succession Planning (first and second editions) textbook, and a contributing author to Sophisticated Estate Planning: Using Tax Laws to Your Clients’ Advantage published by the New Jersey Institute for Continuing Legal Education. He was recognized as a Super Lawyer in 2005, 2007 and 2009.
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