The Probate Lawyer Blog

Michael Jackson living trust revealed

With so much exposure and scrutiny on everything that's happened to Michael Jackson's estate since he died, it should probably come as no surprise that his living trust has been leaked to the media and made public.  Wills are public documents and available for everyone to read (once they are filed with the probate court after someone dies).  Accordingly, the Michael Jackson will has been floating around for months.

Trusts, however, are another matter.  Living trusts are intended to be private documents, operating outside of the court process (unless there is a dispute or challenge). 

Someone decided to sneak a copy of Michael Jackson's living trust document to the press, and a British website has the complete document online for your reading pleasure.  Click here to read the Michael Jackson Family Trust. 

Note that the website mistakenly refers to this document as his "Will" -- it's actually his trust, not his will. 

So what does the King of Pop's trust reveal?

Trial & Heirs: Famous Fortune Fights!

The Ultimate Trust Litigation case

Anyone who's ever been through a court battle over a trust or estate knows how important it is for everyone involved.  But some cases carry more importance than others.  The recently-resolved case of Cobell vs. Salazar has as much importance to our nation as any trust fight has ever had.

Elouise Cobell is the lead plaintiff in a class action suit against The United States Secretary of the Interior.  The lawsuit involves the rights of Native Americans under Individual Indian trusts that began under laws passed in 1887.  At that time, tribal lands of Native Americans were parceled out by the government and assigned to individuals, in lots between 40 and 160 acres in size. 

But the individual Native Americans weren't allowed to actually own the land.  The government did, leasing the lands for mineral and grazing rights, among other uses, and paying the proceedings into a series of informal trusts.  The United States Secretary of the Interior was charged with administering the trusts for the benefit of the individuals who were assigned to each parcel. 

A tale of fortune, fraud, ice cream, and murder?

Tom Carvel was the creator of soft serve ice cream and one of the founding fathers of the franchise system in America.  When his ice cream truck suffered a flat tire in New York in 1934, he sold his melting ice cream from a parking lot.  Those humble beginnings led to the first soft-serve ice cream store and eventually grew into the Carvel ice cream chain with 850 locations.  Carvel died in 1990 at age 84, with a fortune conservatively estimated at around $80 million.  The legal fighting started soon thereafter.  And it hasn't stopped yet.

The battles have passed through federal courts in three states, along with state courts in New York, Florida, Delaware, and even England (not New England ... England!).  Reportedly, legal fees and commissions have already cost the Carvel financial legacy more than $28 million. 

On one side was Pamela Carvel, Tom's niece.  She helped Tom's widow, Agnes, through years of court battles until she passed in 1998 at age 89.  In fact, the pair lived together in London -- trying to escape the heartache caused by years of fighting and seeking some peace for Agnes in her final years.

On the other side were two longtime employees of Tom Carvel -- former secretary Mildred Arcadipane and attorney Robert Davis.  At least, they were fighting until they too passed away in (one in 2002 and the other shortly thereafter). 

Hearst Family Legal Battle teaches important lessons

CNN and Fortune Magazine recently featured a fascinating article about the legal battle between John Randolph "Bunky" Hearst, Jr., and his ex-wife.  Bunky is one of the grandsons of famed media mogul William Randolph Hearst, who left behind the powerful Hearst Corp. 

William Randolph Hearst died in 1951 with a trust and estate worth about $400 million in today's dollars.  But, more importantly, his trust established a corporate framework that enabled his board of trustees to expand the Hearst holdings into a multi-billion dollar media empire, owning hundreds of magazines, newspapers, television stations, 20% of ESPN, and more.  Here is the wikipedia page about Hearst Corp. that overviews how expansive it is. 

William Randolph Hearst's estate plan is a great example of how trusts can be used to maximize financial legacies and protect your heirs.  While most people don't have to establish complicated boards to manage extensive business holdings like Hearst, everyone can learn a lesson here. 

Livings trusts are the best way to pass along assets (be they vast or limited) because they can be individually tailored to meet the needs of any family.  Do you have modest assets and children who are good with money?  Maybe you want your trust to leave it to them all at once. 

Farrah Fawcett's Trust provides a good lesson

It's been widely reported across various websites in the last couple days that Farrah Fawcett's will has been revealed and it "shockingly" disinherited her longtime ex-boyfriend Ryan O'Neal (father to her son, Redmond).  These reports are wrong on several levels.

First, the document was her Trust, not her will.  You can read it here, courtesy of Radaronline.com.  This is an important distinction.  Wills are public records and must always be filed in probate to be effective, which allows anyone interested to read them.  Trusts, on the other hand, are private documents, normally kept out of court and the public eye. 

As I wrote in this article this past July, the contents of Fawcett's Trust were leaked by an anonymous "source" then, and now the whole trust document has been revealed.  This is unusual.  Normally that is one of the primary reasons why trusts are used, to keep affairs private (and out of probate court).

Bo Schembechler's son sues his stepmom over trust

Glenn E. "Bo" Schembechler, Jr., is one of the most respected names in the history of college football.  And, no, I'm not saying that just because I graduated from the University of Michigan (twice).  He built one of the most successful football programs around, and it excelled for decades.

Coach Bo died of heart disease on November 17, 2006, at age 77.  He was survived by his second wife, Kathryn, his son, Glenn III, and two children of his beloved first wife, Millie, whom Bo had adopted (a third adopted son died before him).

From an estate planning perspective, Bo did everything right to avoid a family fight after he passed.  He created a living trust, which was quite detailed and left the income from his assets to his wife, Kathryn, passing from there to his son Glenn III (known as "Shemy"), and then onto his grandchildren and Kathryn's grandchildren.