Bielski Law Office, Ltd.

Unequal Inheritance Leads to Arson

People often have good reasons to leave their children unequal inheritances. However, there are always risks when doing so. While extreme, even arson is a possibility if one of your children is upset enough about receiving a smaller portion of the estate.

On a recent night in the Philippines, Rodrigo Bultron showed up at one of his sisters' homes under the influence of drugs and alcohol. An argument ensued and Bultron threw a burning object onto the roof of the house.

As a result of this act, the house caught fire along with the house next door which was owned by another of Bultron's sisters. Why this crazy behavior?

Local police surmise that Bultron believed that his sisters were given a larger portion of land from their parents' estate than he received.

This strange tale was recently told in an InterAksyon article titled "Drug-crazed man sets sisters' houses on fire over land inheritance dispute."

If true, this extreme case highlights the inherent danger of leaving unequal inheritances to your children.

While resorting to arson is unlikely in most cases, unequal inheritances are often the cause of family feuds over estates. If you are considering giving one child more than another, you need to proceed with caution.

The best practice is to communicate with your children during your lifetime about why they will not be receiving an equal share of your estate. You should also include specific language in your estate plan about the reasons for the discrepancy.

If you want to know what else you can do to minimize the chance of feuds when leaving an unequal inheritance, talk to an experienced estate planning attorney.

Reference: InterAksyon (May 24, 2015) "Drug-crazed man sets sisters' houses on fire over land inheritance dispute."

Was Bequest to Snowflake a Mistake?

What would you do if 10 years after receiving a life insurance bequest, the insurance company asked for the money back claiming it had made a mistake? The town of Snowflake, Arizona is currently facing that dilemma.

In 2005, Snowflake, Arizona received a life insurance bequest of approximately $73,000. The holder of the policy had been a former employee of the town and it was probably presumed at the time that he wished to give something back to it.

Recently, however, First Colony Life Insurance asked the town to return the money.

It seems the insurance company claims that a mistake was made and the town never should have been listed as a beneficiary on the policy. Before making a decision about what to do, the town is looking into the matter.

Naturally, the council would like to know why the company believes a mistake was made and whether the town has a legal obligation to return the money.

The Arizona Journal reported the story in an article titled "Bequest To Town Was Made In Error, Says Insurer."

This is an unusual case and it is impossible to speculate on what might happen. To date, the insurance company has not released details about what happened and why it believes a mistake was made.

Nevertheless, when you are creating an estate plan it is very important that any life insurance policies you have state clearly who the beneficiaries are.

The clearer your policy is, the less likely it is that mistakes will happen.

It would be disastrous if you use life insurance to balance your estate between relatives and the money does not go to the proper beneficiary.

Contact an experienced estate planning attorney for help to ensure that your estate wishes are crystal clear.

Challenge Coming over BB King's Will

BB King was one of the most celebrated blues musicians in the world. His passing on May 14th has left many singing the blues of their own, including his heirs who are expected to challenge his will.

Since BB King passed away there have already been accusations that he did not die of natural causes – that he was instead poisoned. However, the coroner has stated that there is no immediate evidence of that claim.

Prior to his passing, King's family and his business manager were already involved in a legal dispute that was thrown out of court. Thus, it comes as no surprise that the feud would continue after King's death.

Just hours before his memorial service, an attorney representing King's heirs announced that they would challenge his will and the actions of the business manager.

The manager stands accused of misappropriating millions of dollars, exercising undue influence and being unfit to act as King's executor.

You can read the sordid details in a recent article in The Guardian titled "BB King heirs to challenge bluesman's will and actions of manager."

As this challenge is very new, it is not yet possible to speculate on how it will go or even discuss the specifics.

On the other hand, the fact that the family's earlier case against King's business manager was recently thrown out of court does not bode well for challenging the manager now.

Avoid contentious postmortem squabbles later by working with an experienced estate planning attorney now.

The Importance of Following Through

Often after starting a legal matter, people neglect to follow through with them in good time. A recent case in Pennsylvania illustrates why that is not always a good idea.

When Kathleen Talerico filed for divorce, she and her husband separated. For three years, Talerico did not follow up on the divorce. Both she and her husband had affairs with other people.

Nevertheless, as is common with many on-again-off-again marital relationships, they remained in each other's lives and talked often.

One night while out at a party, Talerico's boyfriend beat her severely enough to cause internal bleeding in her brain.

She later died at home.

Because she was still married at the time of her death, Talerico’s husband would ordinarily have a right to a portion of her estate. However, as they had been separated a judge found that her husband willfully neglected the marriage and thus was not entitled to a portion of the estate.

The husband is appealing the judge's ruling, as recently reported by The Times-Tribune in a story titled "Spouse of homicide victim fights for share of estate."

What remains unclear about this story is what Talerico herself would have wanted.

Would she have wanted her husband to have a share of her estate?

We will never know for two reasons: First, Talerico did not follow through with the divorce proceedings and, second, in the absence of following through with the divorce she could have made her wishes clear in a properly prepared estate plan.

What this case demonstrates is the benefit to updating your estate plan when you file for divorce.

An experienced estate planning attorney can work in close coordination with your divorce attorney to make sure all of the bases are covered.

Reference: The Times-Tribune (May 23, 2015) "Spouse of homicide victim fights for share of estate."

The World's Biggest Estate Feuds

All over the world battles have raged over the estates and legacies of the rich and famous. It can be difficult to keep up with all of them.

Unless you constantly monitor the latest news on estates and the deaths of celebrities, it is difficult to stay informed about all of the famous estate battles that have occurred throughout the world. So many feuds have been fought over the estates and even the bodies of the wealthy and famous that serious dedication to the topic is required to know everything that has happened.

In case you might have missed any famous cases, the BBC News recently published a helpful rundown of some of the larger cases in a recent article titled "The who's who of battles for wills, bodies and legacies."

The celebrities discussed include:

• Michael Jackson - His estate has been embroiled with feuds over the validity of his will and the guardianship of his children.
• Leona Helmsley - Her estate included a bizarre battle over how much money she left to her dog.
• Ted Williams - After his death a fight ensued about whether or not his remains should be cryogenically frozen.
• Nelson Mandela - He left behind a fortune that is expected to be the subject of a feud.
• Nina Wang - Once Asia's richest woman, Wang's lover laid claim to her estate. However, the Hong Kong courts decided the fortune should be given to charity.
• Lilane Bettencourt - Although she is still alive, the battle over the L’Oréal heiress' fortune has already reached the French Presidency.

While you may not be a “celebrity,” you can avoid many pitfalls that are common to every estate by making proper plans with an experienced estate planning attorney.

Reference: BBC News (May 24, 2015) "The who's who of battles for wills, bodies and legacies."