The Probate Lawyer Blog

Yes, Tom Benson has a great deal more money and power than most of us.  How much?  Try $1.9 billion, according to the annual Forbes rankings.  Indeed, there are only 350 richer people in the whole country.  The successful owner of the NFL’s New Orleans Saints and NBA’s New Orleans Pelicans, Benson built a wide-ranging empire of car dealerships, banks, various real estate holdings, and a television station.  He still actively participates in running his businesses — most of all his beloved Saints. 

But for all of his wealth, prestige, and status, Tom Benson is in the midst of the same type of probate-related court battle that entangles many elderly individuals in our country.  Some of Benson’s heirs do not believe the 87-year-old is mentally competent to make his own decisions any more.  They are seeking to have him declared legally incompetent and protect him from what they claim is undue influence.

Widely beloved throughout the world of baseball, especially in Chicago, Ernie Banks -- a/k/a Mr. Cub -- rose from humble beginnings.  He began his career earning seven dollars a day in the Negro Leagues, before crossing the color barrier and becoming the Chicago Cubs’ most popular player ever. 

After his playing career, Banks has been widely respected as a positive role model in baseball and beyond.  He continued to break new ground, becoming the first African-American Ford Motor Company dealer ever and being actively involved in charity work throughout his life after baseball.  In 2013, President Obama awarded Banks the National Congressional Medal of Honor.

Ernie Banks died on January 23rd at age 83 from a heart condition.  Interestingly, his death certificate listed dementia as a "significant condition contributing" to his death.  Why is this important?

Everyone loves a good rags-to-riches tale.  But Francesca Gabor Hilton’s life followed a dramatically different path.  Born to Hollywood star Zsa Zsa Gabor, and founder of the famed Hilton hotel dynasty, Conrad Hilton, Francesca was raised living in mansions, attending celebrity parties, earning blue ribbons in horse-riding competitions, and jet-setting to Rome and Paris, among other fashionable cities.  But her life was not as idyllic as it seemed. 

Zsa Zsa Gabor wrote in her autobiography that Francesca was born following a pregnancy that resulted from rape by Conrad Hilton, her husband at the time.  The couple divorced before Francesca was born.  Francesca told the Los Angeles Times in 2007 that she spent Christmases and occasional upscale lunches with her father.  But their relationship was never close. When Conrad died in 1979, he left his only daughter $100,000 out of his estate, with most of the wealth earmarked for charity.  That doesn’t sound too bad, except that Conrad Hilton’s estate was worth about $200 million at the time, including massive Hilton Hotel stock interests.

Sure the holidays are a fun time for families to sit around talking about what happened on the latest episode of The Walking Dead or how granddaughter Mary is doing in dance class.  But they are also a great time to have the important -- yet often difficult -- conversations about estate planning.  What happens when Mom dies?  Does anyone know where Dad kept his will?  Did they ever transfer the investment accounts into their revocable living trust like they were supposed to?  

Many families don't ask these tough questions ... especially when dynamics are strained, like in many second-marriage families or when siblings don't get along well.  It certainly isn't easy to blurt out after passing the gravy, "Hey Dad, does your will put me or your wife in charge of your estate?"

But these conversations are important.  When the proper estate planning isn't done, it's the family members left behind who pay the price, often with bitter, ugly, and costly probate court battles.  They happen to families all across the country on a daily basis, from those of modest wealth to the very rich.

The famed American Top 40 Countdown DJ passed away in June, at age 82, with a host of medical problems including advanced Lewy Body dementia.  Now, almost four months later, Casey Kasem’s remains still have not been laid to rest. 

It’s a tragic story of a feuding family.  And unfortunately, it’s one that won’t likely end any time soon.

Kasem’s wife of more than 30 years, Jean Kasem, wasn’t exactly close with his three adult children from his first marriage.  In fact, Casey’s daughter Kerri Kasem recently said in an interview with Howard Stern that Jean Kasem didn’t like her or her siblings since the time that Kerri was just nine years old.   According to Kerri, Jean would even invent bad deeds that she told Casey the children had done so he would be mad at them.

So how long exactly does it take to resolve the dispute over the estate of an 89-year old Texas oil tycoon who married a 26-year old stripper and Playboy Playmate?  Shouldn't the case end when both the stripper (Anna Nicole Smith) and her "step-son" (Pierce Marshall, who was 27 years older than she was) die? 

And is this really important enough to be heard by the United States Supreme Court, not once, but twice?

This is installment #3 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.

While we monitor, write about, and provide commentary for media outlets around the country about many complicated celebrity estates, this one takes the prize.  We call it "The Grand-Daddy Of All Estate Battles."  We've written several articles about this case so far, which you can read here.

It appears that the life of famed Top 40 Countdown host Casey Kasem is nearly at an end.  Last Wednesday, a Los Angeles Judge ruled that Casey Kasem’s daughter, Kerri Kasem, could suspend the artificial delivery of food and water to Casey due to his grave suffering.  

Specifically, according to the Los Angeles Times, Kerri Kasem’s attorney filed documents with the court reporting the doctors’ conclusion that “continuation of artificial nutrition and hydration is not in the patient’s best interests because it will at best prolong the dying process for him and will certainly add suffering to an already terribly uncomfortable dying process.”

On Tuesday, the same Judge granted the request of Casey’s wife, Jean Kasem, who asked that Kerri be ordered to resume infusions of food, water and medicine for the ailing Casey.  He has been hospitalized in critical condition with sepsis (serious infections that have reached the blood stream), other infections, bed sores, and late-stage dementia from Lewy Body disease, among other complications.