The Probate Lawyer Blog

CNN's Fortune Magazine recently had a fascinating article about Ron Perelman's efforts to drag his paralyzed, infirm, and elderly ex-father-in-law through one of the most vicious estate battles we've seen in a while.

Perelman built most of his billion-dollar fortune through a hostile takeover of Revlon.  In the process, he married and divorced four women, one of whom was Claudia Cohen (actress Ellen Barkin was another).  Cohen came from a wealthy family herself.  Her father and brother own and control Hudson Media, a powerful magazine company that is a long-time partner of Time, Inc. 

Sadly, Claudia died after a difficult fight with cancer in 2007.  Her will appointed Perelman as her executor.  She named Samantha Perelman, her teenage daughter from their marriage, as her primary beneficiary.

Claudia's will made her wishes very clear, including her strong desire to protect the relationship between Samantha and Claudia's father, Robert, and brother, James.

Anthony Marshall and the attorney he conspired with, Francis Morrissey, each received jail sentences earlier this week for 1 to 3 years.  They had been convicted of looting Brooke Astor, Marshall's mother, out of $60 million by convincing her to change her will when she was mentally unable to comprehend it due to Alzheimer's disease, along with related crimes. 

Marshall's attorneys had pled for leniency, citing his advanced age, poor health and doctors' reports saying any jail time would equate to a death sentence for him.  The Probate Lawyer Blog covered the defense lawyer's efforts in this recent article.

The judge wouldn't hear of it.  He noted how sad it was that a life of extreme abundance led to such sadness, particularly when Marshall's own son took the stand and "tried very, very hard to destroy" Marshall.

The judge did consider that Mrs. Astor loved her son, the judge felt, along with other mitigating factors, so he did not impose the 4 1/2 years that the prosecutors requested.  In fact, the judge said he actually preferred a different sentence.  He wished he could cause Marshall's many millions to be donated to charity and leave Marshall in the hands of his wife (for whom he committed the crimes, the judge said) to care for him -- without his money.

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. 

It's been almost a year since The Probate Lawyer Blog featured a story on the court battle over whether the heiress to the L'Oreal fortune has been a victim of fraud and exploitation.  87-year old Liliane Bettencourt has been called Europe's richest woman.  In the article I wrote last December, I explained how Bettencourt's daughter, Francoise Bettencourt Meyers, sued to prove that a celebrity photographer had received gifts from the elder Bettencourt of more than one billion dollars by preying on her mental frailty. 

The gift recipient, Francois-Marie Banier, and Bettencourt said she was competent and made the gifts of her own free will because they were dear friends.  And yes, they said, it's a lot of money, but considering her fortune has been recently valued at $13 billion (U.S. value) by Forbes, it's not that much money.  (Anyone buy that?)

I had suggested last year that I found it odd that Meyers hadn't started a guardianship proceeding to have her mother declared legally incompetent.  Well, now she has tried that, but the effort failed because Bettencourt refused to submit to a medical evaluation of her mental state, even though a doctor who reviewed her medical records apparently felt she needed a guardian (that doctor's report is what Meyers relied on for her guardianship filing).

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). 

Here's a short video trailer to give a taste of what the new book, Trial & Heirs:  Famous Fortune Fights!, is all about:

[If it doesn't play for you, visit Trial & Heirs to see it there]

We wrote this book to give families a way to have the difficult conversations about estate planning that are so hard for people.  No one likes to talk about what will happen when someone dies.  So they put it off, procrastinate, and suddenly it's too late.

With celebrity stories, not only can you start these conversations, but you can get your loved ones to actually do the proper planning.  For example, Michael Jackson didn't use his trust properly and it led to a long fight in court that could have been avoided.  Princess Diana undermined her own will by using a letter of wishes the wrong way.  And everyone knows about the disastrous legal battles involving Anna Nicole Smith. 

We use these stories, and dozens more, along with easy-to-follow education and practical tips to avoid family fights, so your families don't end up the same way.  The book is now available at http://TrialAndHeirs.com. 

Posted by: Andrew W. Mayoras and Danielle B. Mayoras, co-authors of Trial and Heirs: Famous Fortune Fights! and co-founders of The Center for Probate Litigation and The Center for Elder Law in metro-Detroit, Michigan, which concentrate in probate litigation, estate planning, and elder law. Andrew and Danielle are husband and wife attorneys, professional speakers and consultants across the country.