The Probate Lawyer Blog

The iconic figure whose name is almost synonymous with Marvel Entertainment — perhaps the biggest name today in cinema — needs help. Stan Lee is the subject of three separate lawsuits that allege he is the victim of fraud and elder abuse. And these court filings may simply be the beginning of a much larger battle over his estate and the right to profit from Stan Lee’s name, image, likeness and more.

Throughout the lawsuits and surrounding controversy, there is one point that is certain. Stan Lee, now age 95, is susceptible to undue influence. His memory is poor – so bad that a detective’s report noted how he would often forget the name of his closest adviser.  He has macular degeneration, leaving him with vision so faulty that he cannot read or drive. On top of that, Lee’s vision is impaired.  Clearly, he cannot manage his affairs without help from others. In fact, he recently used social media to ask for help because his Facebook and Instagram accounts had been hacked.

Reality presents a much different image of Stan Lee than the comedic appearances he continues to make in Marvel blockbusters, including Infinity War, Black Panther and the latest movie, Ant Man & The Wasp.

The death of Gene Wilder saddened Willa Wonka fans across the globe — not to mention fans of  Blazin’ Saddles, Young Frankenstein, and many others.  When his family issued a statement saying that Alzheimer’s disease claimed his life, it served as a valuable lesson.  Alzheimer’s disease is a killer.  As Wilder’s family aptly described it, it’s an “illness-pirate.”  

Gene Wilder is far from the first famous actor to fall victim to Alzheimer’s.  Jimmy Stewart, Peter Falk, Charlton Heston, and Rita Hayworth are just a few others.  And of course the disease has attacked celebrities from many different industries, including Hollywood producers like Aaron Spelling, politicians like Ronald Reagan, singers like Etta James and Glen Campbell, and sports celebrities like basketball coach Pat Summitt and ball manager Sparky Anderson.

Sadly, there is no cure for Alzheimer’s disease.  It always leads to death.  While the official cause-of-death for most celebrities who suffered from the disease is usually listed as another affliction, such as a pneumonia or sepsis, Alzheimer’s disease is the real culprit for millions of Americans, causing the brain to decline until the body succumbs.  Gene Wilder’s bout with it is notable because his family attributed his death entirely to Alzheimer’s disease, whereas in most celebrity deaths it is listed only as a contributing factor, if at all.

As owner of the New Orleans Saints and Pelicans, Tom Benson, is used to being in control. He worked his way up from humble beginnings, starting as a used-car salesman, to owner of multiple car dealerships, banks, real estate, and a television station. Of course, Benson is most well-known for owning the NFL’s Saints franchise, which he purchased in 1985. Since then, he has successfully managed the Saints through the lows of Hurricane Katrina to the highs of winning the Superbowl. In 2012, Tom Benson added the NBA’s Hornets (now named the Pelicans) to his stable of businesses. Forbes estimates his net worth to be just shy of $1.9 billion.  

For a man with that much success and business acumen, there can be no doubt that one of the things he would enjoy least is someone suggesting he’d lost his wits. Especially when that someone is his hand-picked protégée and granddaughter, along with his daughter and grandson. And even more so when he is brought into court through a legal proceeding about whether he is competent enough to make even basic decisions about his person or property. Add in the media scrutiny that follows for a man of his stature and it is not surprising that Tom Benson is very unhappy.

The late Riley B. King — better known as blues legend B.B. King — often said that the only woman in his life was his guitar, Lucille.  But that wasn’t exactly true.  King estimated that he had 15 children by 15 different women.  No wonder one of his biggest hits was called, When Love Comes To Town.  

B.B. King took responsibility for his children.  According to CNN, he set up a multimillion dollar education fund for his descendants.  King wrote in his memoir that he assumed responsibility every time a woman came to him and said a child was his, without arguing about whether that was true or not.  One of his daughters, Patty King, said in a previous interview with Rolling Stone that B.B. King was a great dad who had “done well” by his children.

That same daughter is now leading the charge against B.B. King’s business manager of 39 years, LaVerne Toney.  Patty King and half-sister Karen Williams lead a panel of five King children, out of the eleven surviving children, who have made serious accusations of wrongdoing against Toney.  These range from not letting the children see their father before he died, to providing improper medical care, and even poisoning B.B. King.

Kerri Kasem, the daughter of the late American Top 40 DJ, Casey Kasem, has been on a mission to make sure what happened to her and her siblings does not happen to others. When her father’s health deteri  orated from Parkinson’s disease, it sparked an ugly court battle between his children and his wife, Jean Kasem, which did not end until he died.  By then, Casey Kasem was suffering from serious bed sores, a urinary tract infection, and sepsis.  

Kerri Kasem feels that her father’s death could have been prevented if she and her siblings had been able to see him and monitor his care better, but there were not sufficient protections in the law to help.

Until recently, not a single state in the United States offered specific protection to relatives of loved ones who were under court-ordered guardianship or conservatorship to make sure they could remain in contact with their incompetent loved one.  Rather, the person named as guardian or conservator typically controlled visitation and contact, which could include denying contact altogether.  That’s still the case in 48 states.

What would it be like to grow up in a 123-room mansion in a swanky Los Angeles suburb, rubbing elbows with celebrities, and buying anything you want?  Sounds pretty great -- unless it was all taken away from you as an adult.  As Tori Spelling wrote in her autobiography, it's not easy going from having a silver spoon in your mouth to a plastic one.  

This is installment #13 of our Estate Planning Lessons From The Stars series, which is based on the Celebrity Legacies TV show for which we provide commentary as the estate legal experts. See other articles in the series here.

Aaron Spelling was one of the most successful television producers ever, masterminding such hits such as Charlie's Angles, Beverly Hills 90210, Dynasty, and The Love Boat.  When Spelling died after a severe stroke in 2006, at 83 years old, he left behind a fortune worth an estimated $500 million at the time.  He owned the largest house in all of Los Angeles County.  The home, known as the Spelling Manor, was where Aaron and his second wife, Candy, moved in the late 1980's with their children, teenage daughter Tori and son Randy.