The Probate Lawyer Blog

Etta James, Others Remind Of Need For Estate Planning in 2012

A few weeks into the new year, how many of your New Year’s resolutions have already fallen by the wayside?  Exercise more. Eat less.  Spend more quality time with family.  

Well it’s not too late to tackle a very important resolution that up to two-thirds of adults in our country ignore — estate planning. That’s right, it’s the topic no one likes to think about, but everyone knows they should take care of … wills, trusts, powers of attorney, and more.

It doesn’t have to be intimidating! In fact, celebrity stories are a great way to break the ice to remind everyone of what they need to do.

So, with the help of some recent stories in the news, here are Trial & Heirs: New Years Estate Planning Resolutions for 2012.  (We just gave an interview discussing some of these stories, which you can watch here).

Family fight over control of Michael Crichton's trust

Celebrity estate battles just keep coming.  Here's the UPI article about the latest in a long line of court cases involving dueling heirs of the rich and famous.  Best selling author Michael Crichton (writer of ER and Jurassic Park) left behind a messy estate and trust because he failed to update his estate planning documents to provide for his son, not yet born when he died of cancer at age 66.  I wrote about the problems this caused in a prior article. 

Then his estate had to contend with the claim of his wife, Sherri Alexander, who filed paperworking seeking seven million dollars from his estate under a prenuptial agreement she signed with her famous husband in April 2005, before their marriage.

But the real fight just began.  A few days ago, Crichton's daughter, Taylor Crichton, filed a petition in the Los Angeles Probate Court to remove Sherri as one of the three trustees of Crichton's trust, claiming she's breached her fiduciary duties.

Michael Crichton Estate facing probate court battle

One of the best seller authors/screen writers of all time, John Michael Crichton (of Jurassic Park and ER fame) died tragically of throat cancer on November 4, 2008 at the age of 66.  Some estimate his annual earnings before he passed at $100 million per year.  On top of that, two more novels are scheduled for posthumous release as part of a $30 million publishing contract.

Of course you'd expect that Crichton's estate plan included the most thorough and up-to-date legal documents ever created, right?  Not quite.

He left behind four ex-wives, a 20-year old daughter, and a wife six-months pregnant, Sherri Alexander.  He did what most adults should do; he worked with an estate planning attorney and executed a will and trust.  He even had a prenuptial agreement with Alexander that limited what she would receive from his estate.  But he made one crucial flaw that may cause his estate to be tied up in probate litigation for years to come.