The Probate Lawyer Blog

Rosa Parks' Final Wishes, Ignored for Years, Are Finally Restored

She ranks as one of the greatest civil rights icons of all time, all starting with a seemingly simple act of refusing to move from a bus seat.  Rosa Parks passed away at age 92 in 2005, living in a modest apartment in Detroit, Michigan.  Her estate was modest too. Officially valued at $372, 624 in monetary terms, but of course priceless in terms of memories and historical significance.  

Her final wishes were not so modest.  She assigned all of her belongings to a charitable institute to “educate and motivate youth and adults, particularly African American persons, for self and community betterment.”   She called this the Rosa and Raymond Parks Institute for Self-Development.  She named her close friend, Elaine Steele, along with a retired Detroit judge, to oversee her estate.  She also named Elaine Steele as a prominent beneficiary, including a 90% recipient of royalties, with 10% passing to her nieces and nephews.

But Parks’ many nieces and nephews did not agree with her final will and trust, which were created in July, 1998.  They sued to challenge the estate plan, accusing Steele of using undue influence on Parks.  Steele denied it.  After the case was started, amid claims of mismanagement, the probate judge removed Steele and the other appointed executor and replaced them with two local attorneys.

Rosa Parks Trust and Estate Tied Up In Lengthy Court Fight

Civil rights icon Rosa Parks passed away at the age of 92 on October 25, 2005, in Detroit, Michigan. Almost six years later, her legacy is still tied up in a lengthy court battle.  The case features allegations of abuse, cronyism and corruption by the probate judge as well as the two lawyers he appointed to oversee the estate and trust.  

It also involves who will receive all of the considerable civil rights memorabilia owned by Rosa Parks when she was alive, and even the rights to use her name and likeness.

Parks' will and trust left the majority of her assets to the Rosa and Raymond Parks Institute for Self Development, operated by Rosa Parks' longtime friend, Elaine Steele.  Parks and Steele had formed this Institute.  Steele says she was close to Parks for 45 years and that Parks looked at her as the "daughter she never had."

Should Leona Helmsley's Billions Help Dogs As She Wanted?

Leona Helmsley, widely regarded as the “Queen of Mean” before she died at age 87 in 2007, left behind a fortune valued by some to be worth four to eight billion dollars. She earmarked twelve million dollars to take care of her dog, Trouble, until the Judge reduced it to a paltry two million.

Helmsley left most of the remainder of her billions to charity, specifically directing that her trustees were to use their discretion for what charitable purposes to benefit. But she also signed a Mission Statement that instructed the trustees to exercise that discretion first for “purposes related to the provision of care for dogs” and, only secondly, for “such other charitable activities as the Trustees shall determine.”

According to published reports, the trustees of Leona Helmsley’s trust have only given away 100,000 dollars to dog-related charities, out of the 450 million dollars they’ve donated so far to charity. That’s only about one-fiftieth of one percent!

Petition Filed Seeking to Reopen Barnes Art Case

The Friends of the Barnes Foundation group is mounting a last-ditch effort to try to reverse the fate of one of the most valuable private art collections ever assembled. 

The late Dr. Albert Barnes gathered together unmatched works of post-impressionist art, including paintings by Van Gogh, Renoir, Picasso, Monet and other masters.  It has not only been widely recognized as the greatest collection of its kind, but it's been valued at more than 25 billion dollars.

Dr. Barnes created a very detailed Trust to maintain the collection in a private facility apart from the commercial art "elite," which he despised.  Given the extraordinary value of the collection -- both monetarily and artistically -- perhaps it should be no surprise that the art elite of Philadelphia have done everything they can to get their hands on the collection.

Forbes Video on the 2011 Estate Tax Law Changes

Most of us know that we have new estate tax laws in 2011, but do you know the "ins" and "outs"?  How does a married couple qualify for the ten-million dollar exemption?  What pitfalls remain?  When does the exemption expire? 

There may be more involved in the new laws than you realize! Watch Danielle Mayoras' video interview with Forbes to make sure that you protect yourself, your family and clients under the new laws.

Walt Disney heirs embroiled in ugly family feud

Walt Disney World is a great vacation spot and a wonderful way to spend the holidays.  We just returned from there with our three children.  So it's ironic that we recently learned about a messy court fight involving two of Disney's grandchildren and their share of the massive Disney fortune. 

Disney passed in 1966 at the age of 65.  He left behind two daughters and 10 grandchildren.  One of his two daughters, Sharon Mae Disney, had married and then divorced a real estate developer named Bill Lund.  Lund was the man who located and helped select Orlando, Florida as the site for Disney World.  Sharon and Bill had twins, born in 1970, named Michelle and Brad.

Sharon created trusts to pass on her share of the Disney fortune to her three children (her other child was from a prior marriage).  Under the trusts, the twins were entitled to substantial distributions. 

Texas multimillionaire subject to massive guardian battles

Ugo di Portanova.  Quite a name . . . and quite a story.  The Houston Chronicle had an interesting feature today about this heir to a massive oil fortune.  Di Portanova has assets valued at more than $65 million (which he largely inherited).  So you'd assume he'd wield great power with all that money, right?  Sadly, it's just the opposite.

Di Portanova has been declared legally incapacitated (at least in part) continuously since 1967.  After a long fight, he won the right to manage $1,000 per month, marry who he wants, and make a will.  But he lost his quest to end the guardianship, so he has almost no say in management of his own money or other important decisions in his life.

Diagnosed with schizophrenia, di Portanova, now age 74, has lost more than the right to make most of his financial and other decisions.  He has also lost many millions of dollars to exorbitant legal fees, guardian and trustee salaries, court costs, and related expenses.  The Chronicle reviewed decades worth of court records and tabbed the total bill at more than $50 million.