The Probate Lawyer Blog

When Robin Williams tragically committed suicide six months ago, he left behind three children from his first two marriages (ages 23 to 31) and a widow of less than three years, Susan Schneider Williams. Unlike many celebrities, Robin Williams took the time to create thoughtful and detailed estate plan, including various trusts to benefit both Susan and his three children. The trust established for his wife, called the Susan Trust, referred to and was consistent with a prenuptial agreement the couple signed in 2011 when they were married. 

Because Robin Williams' estate plan was carefully crafted, it initially appeared that his heirs would avoid the bitter family squabbles that affect many mixed-marriage families (in Hollywood and around the country). After all, it is his wishes that matter, and because those wishes were seemingly captured through the proper estate planning documents, there should be nothing left to fight about, right?

Not so fast. Within the past 24 hours, the news broke that the Williams family will not be so lucky. Susan, through her lawyers, started legal proceedings just a few days before Christmas. She asked a probate court in California to take jurisdiction over the Robin Williams Trust to interpret various provisions that she feels are in dispute. Robin's three children -- themselves coming from two different marriages -- filed a unified response through their attorneys and opposed Susan's court filing. The battle is on.

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 initial shock of Robin Williams’ tragic death, apparently from hanging himself, is giving way to reflections of his memory and legacy. Another question many people are asking is what happens next for his family and his estate. He was survived by his third wife, Susan Schneider, to whom he was married for three years, and three adult children from his prior two marriages, whose ages range from 22 to 31. There is a realistic fear that Williams’ death left may have left them in financial distress.  

In an interview with Parade Magazine in 2013, Williams lamented how he was required to change his lifestyle because of how much he lost in his two divorces (reportedly, $30 million). He said he returned to TV because of “bills to pay.” Williams also admitted to listing his Napa Valley estate for sale because he could no longer afford it.

Robin Williams‘ publicist recently said that he was not in financial trouble and his comments were not to be taken seriously. Regardless of whether his publicist is trying to protect his image, or if Williams was being truthful in the interview, Robin Williams family members will be far from destitute.