The New York Times recently featured a story about the person universally recognized as one of the greatest chess players of all time.  Robert James “Bobby” Fischer died from kidney disease on January 17, 2008 at the age of 64.  He was buried in Iceland, where he lived for the last few years of his life.

He was a King in the game of chess and his life was anything but conventional.  So why should Fischer’s estate be simple?

Fischer scorned his 1972 world chess championship, renouncing it in 1975.  He retreated from the world and turned his back on fame and fortune.

When he finally emerged for a rematch in 1992, he became a national fugitive.  Why?  Fischer ignored government warnings not to play the match in Yugoslavia, because of a trade embargo.  This made him a criminal.  He found refuge in Iceland, which granted him citizenship and prevented deportation.

Being a criminal was not his only character flaw.  The former chess prodigy was deeply anti-Semitic, according to the Times article, despite having Jewish parents.  The article also says he called a radio station in the Philippines after the 9/11 attacks and called it “a wonderful day.”

Reportedly, when Fischer was diagnosed with kidney disease in 2007, he did not fully appreciate what would happen.  He refused the painful treatments prescribed for him and died within a few months, without even a simple will.

This set the stage for a lengthy battle — one that is still far from finished.  The three-sided match pits his Japanese wife/girlfriend, Miyoko Watai, vs. a Filipino woman who says he fathered her daughter, Marilyn Young, vs. two estranged nephews.  Reportedly, Fischer did not like that their parents practiced Judaism.

Watai (who also is a chess master) says that she and the chess champ were married in 2004, entitling her to at least a part of the estate.  But an Icelandic court has already rejected her claim.  She could still win on appeal, though.

Young says that her 9-year-old daughter, named Jinky, is the true heir.  The Supreme Court of Iceland ordered Fischer’s body exhumed for DNA testing to see if she’s right.

If neither are found to be legitimate heirs, then the nephews will receive the inheritance.  On the other hand, if both women win out, Watai would get one-third of the prize money with Jinky getting the rest.

So how much are they maneuvering for?  Reportedly, somewhere between one to two million dollars.  There’s a very big “but” though.

The United States government isn’t done with Fischer just because he fled to the frozen tundra of Iceland.  The IRS says that Fischer never paid taxes on his $3.65 million payday from the 1992 chess championship rematch — not to mention failing to pay taxes for 15 years before that.

In other words, even the winners of the match may find themselves in checkmate, with Uncle Sam being declared the new champ.  You can read the full New York Times article here.

How could one of the smartest tacticians in the world have failed to make out a simple will?  Friends say that he didn’t believe he was dying.

So add this interesting tale to the long list of reasons why putting off your estate planning is never a good idea.  Don’t wait until you’re going to die; who knows when that will be?  Even without Japanese wives, Filipino kids, and distant relatives who don’t share your religious views, do you really want your family fighting over your estate when you pass?

Go see an experienced estate planning attorney today.  Protect the King, Queen, and all the little pawns in your life before it’s too late.

By Andrew W. Mayoras and Danielle B. Mayoras, co-authors of Trial & Heirs: Famous Fortune Fights! and husband-and-wife legacy expert attorneys.  As educators across the United States through speaking engagements, print, broadcast, and social media, Danielle and Andrew consistently draw rave reviews and are in high demand.   Email them at contact@trialandheirs.com.  Find us on Facebook!

I Love Lucy star Lucille Ball died more than 20 years ago — on April 26, 1989, at the age of 77.  So why did her daughter rush to court last week to save awards, love letters and other personal items of the famous comedienne?

Reportedly, when Lucille passed, she left love letters between she and her first husband, Desi Arnaz, along with her lifetime achievement awards, photographs and other items to Lucille and Desi’s daughter, Lucie Arnaz Luckinbill.  But, apparently, Luckinbill never claimed the items from Lucille’s estate and lost them.

So they ended up in the hands of Susie Morton.  Morton is the widow of Gary Morton, who was Lucille Ball’s second husband.  After Lucille passed, these items, along with a Rolls-Royce, were passed to Gary Morton, and then onto Susie after Gary died.

Susie Morton placed the items up for sale at a Beverly Hills, California auction house, with the sale set to start this past Saturday, July 17, 2010.  When Luckinbill’s attorney threatened legal action to stop the sale, Morton filed suit first to allow the auction to proceed.  Luckinbill’s lawyer went to court on Friday to stop the sale and won … well, sort of.

The Judge ruled that Luckinbill would be granted a restraining order, but only on the condition she post a $250,000 bond.  Ouch!  Luckinbill couldn’t afford it and the sale was set to go forward.

But it’s not all bad.  Luckinbill’s legal team was able to negotiate a resolution with the auction house, Heritage Auction Galleries, for the return of the lifetime achievement awards.  The love letters, photographs and Rolls still went up for auction though.

Here’s the link to the online auction, in case you want to see the listings.  The auction house website reports the items earned more than $230,000.

Luckinbill’s lawyer had called the auction efforts demeaning and insulting to Lucille Ball’s memory.  Now, he says, the awards will be donated to a museum, instead of being hawked for cash.

Susie Morton says that Luckinbill abandoned the property years ago.  It’s unclear why.

Too many people fail to take action when a loved one passes away, until it is too late.  We’ve had people contact us years after someone dies, wanting to protect their legal rights to an estate, trust or claim property.

Don’t let the emotions of a lost loved one keep you from protecting yourself.  Burying your head in the sand won’t help!  See a good probate lawyer and make sure you receive what your loved one intended.

By Andrew W. Mayoras and Danielle B. Mayoras, co-authors of Trial & Heirs: Famous Fortune Fights! and husband-and-wife legacy expert attorneys.  As educators across the United States through speaking engagements, print, broadcast, and social media, Danielle and Andrew consistently draw rave reviews and are in high demand.   Email them at contact@trialandheirs.com.  Find us on Facebook!

It’s been just over a year since Steve McNair, the former NFL quarterback, was murdered on July 4, 2009, at the age of 36.  The Probate Lawyer Blog covered the initial drama surrounding the estate in a series of articles.  In the months that have passed since then, the estate has been relatively quiet.  It’s been rather surprising given the early fireworks last summer.

McNair died with an estate worth more than $19 million but without even a basic will.  It looked like trouble initially when his wife named their two kids as estate beneficiaries in the probate paperwork, but failed to list his other two kids (from two other mothers).  The family was far from harmonious even before McNair was killed.

McNair and his wife, Mechelle, had hired an artist to paint a family portrait.  The artist hadn’t been paid and filed a claim against the estate.  Before the estate settled and paid the artist $5,000, she revealed an email from McNair.  He wrote that his “wife has some disagreements” with his two older boys “who are not by her, so I wouldn’t be having them in the painting.”

So far, the boys and their mothers haven’t been fighting in court against Mechelle, despite the early controversy from last summer.  But then again, the estate has been mostly stagnant to this point (other than one wild claim), so they haven’t really had much to fight about yet.

McNair’s prized restaurant in Nashville, Gridiron 9, was closed shortly after he died.  Mechelle tried to sell McNair’s interest in that business, but it was blocked by his cousin who co-owned it with him.  McNair’s ranching/farming business and his mansion called “The Ranch” (near his childhood home in Mississippi) are also up in the air.  McNair’s home in Nashville was for sale before he died but has since been taken off the market.

So in summary, a year has passed, nothing substantial has been sold, and no one knows how much they’ll get.  Reportedly, there’s a court hearing set for September 19th, at which the family members will learn how much they’ll inherit.

Delays like this are not unusual for estates left in a mess because of non-existent estate planning.  When people don’t take the time to make out a basic will (which is the case with approximately 2/3 of adults in this country), these types of delays and complications are common.

That’s why we recommend that people work with experienced estate planning attorneys to put their affairs in order.  In fact, most people should create a revocable living trust.  When properly used, it avoids probate court entirely.  And it also reduces the costs, delays and potential conflicts that happen for any estate — especially an “intestate” estate (meaning one that has no will).

So what is unusual about this estate (other than the fact it’s worth around $19 million)?  How about the murder case.

The police were confident it was an open-and-shut case.  McNair’s girlfriend was dead beside him with a gunshot wound in her head and a gun nearby, in an apparent suicide.  McNair’s body was riddled with several bullet holes.

But the family of his girlfriend, 20-year-old Sahel “Jenni” Kazemi, say that she wasn’t suicidal.  They worked with a retired cop who investigated the case and presented findings to a grand jury, arguing it was a robbery, not a murder-suicide.  He points out how unusual it was for McNair to only have $7 in his wallet, when he usually carried hundreds.

The grand jury felt it wasn’t enough evidence to reopen the case.  So the matter is officially closed.

Now we’ll have to see how long it takes for his estate to close too.

By Andrew W. Mayoras and Danielle B. Mayoras, co-authors of Trial & Heirs: Famous Fortune Fights! and husband-and-wife legacy expert attorneys.  As educators across the United States through speaking engagements, print, broadcast, and social media, Danielle and Andrew consistently draw rave reviews and are in high demand.   Email them at contact@trialandheirs.com.  Find us on Facebook!

It’s been more than 18 months since the daughter of France’s richest woman sued to protect her from a man described as a “dandy” who had received more than $1 billion (U.S. value) in gifts from the owner of cosmetic giant L’Oreal.  You can read The Probate Lawyer Blog’s last article on the case here.

The daughter of 87-year-old Liliane Bettencourt sued Francois-Marie Banier, a 63-year old (male) celebrity photographer who reportedly has befriended Johnny Depp, Salvador Dali and others.  Banier claims the lavish gifts of cash and art masterpieces were given to him by Bettencourt when she was mentally competent as a thank-you for his years of friendship and help as an advisor.

Bettencourt’s daughter, Francoise Bettencourt Meyers, was permitted to sue Banier criminally last year.  This means that if she wins her lawsuit, Banier will not only have to return the money, but also face jail time.  The case was set for trial late last week.

There was already plenty of intrigue surrounding the famous fortune fight over the person who ranks as number 20 on Forbes’ annual list of richest people.  (Bettencourt has a reported net worth of $20 billion.)  But, to make it more interesting, the trial was postponed indefinitely because of new evidence.

What evidence you ask?  Bettencourt’s butler had been sneaking a tape recorder into the room with her when he served refreshments.  With this recorder, he obtained hours of audiotape from secret meetings between Bettencourt and her advisors.

The Associated Press reports that the tapes reveal the elderly Bettencourt was treated like a child in these meetings and was often confused, to the point where she had forgotten having given Banier a private island.  (Now that’s not something easy to forget.)

These tapes also revealed that Bettencourt had almost $100 million stashed away in foreign bank accounts and wasn’t paying taxes on the money.  Reportedly, a top French government official, Eric Woerth, was forced to resign because he knew about it.  Woerth’s wife worked for a company that managed Bettencourt’s money.

Why was this scandalous?  Woerth was France’s Budget Minister.  One of his primary duties was combating tax evasion.  Reportedly, Bettencourt was a big donor to Woerth’s political party (which also includes the French President).

Financial exploitation (alleged financial exploitation at this point — but it sure doesn’t look good for Banier) sure can be messy.  But the sad part is that it is far from an isolated occurrence and it certainly doesn’t  affect only the wealthy.

It’s a growing epidemic in this country.  The National Center on Elder Abuse has estimated that there are up to five million victims each year.  Here are the Center’s Warning Signs of Elder Financial Abuse.

This is a serious problem, especially with the turbulent economy.  Many perceive seniors as easy marks with available savings to exploit.  Don’t let this happen to your elderly loved ones.

Be proactive.  Watch over your aging family member’s finances when you suspect trouble (or when they show confusion, memory loss or other signs of dementia or Alzheimer’s disease).  And don’t hesitate to seek the help of an experienced elder law or probate litigation attorney, or another expert who can help.

Bettencourt’s daughter was smart to intervene when she did.  It wasn’t easy for her — she sadly reports that her mother cut off communications with her because of the lawsuit.  Who knows what would have happened if she hadn’t taken action?

By Andrew W. Mayoras and Danielle B. Mayoras, co-authors of Trial & Heirs: Famous Fortune Fights! and husband-and-wife legacy expert attorneys.  As educators across the United States through speaking engagements, print, broadcast, and social media, Danielle and Andrew consistently draw rave reviews and are in high demand.   Email them at contact@trialandheirs.com.  Find us on Facebook!

Forbes.com recently featured an article we wrote about our celebrity-based Trial & Heirs‘ Top Five Estate Planning Tips for Divorcees.  Here’s a shortened version.  Go to Forbes.com for the full article:

1. Update your will and/or trust. Life events like divorces are a critical time to update all estate planning documents with an experienced attorney.

Take the case of Gary Coleman.  Since his death, a variety of documents have surfaced purporting to be his will.  We know that Gary Coleman was divorced in 2008 from his wife, Shannon Price.  It was on an episode of Divorce Court after all!  The problem is that Price claims that she’s entitled to inherit all of Coleman’s assets based on a 2007 handwritten will and as his “common-law wife.”  Now it looks like the estate will be tied up in a long and nasty fight.  If Gary Coleman had an estate planning attorney draft a clear will after his divorce, the impending legal battle may have been avoided.

2. Don’t forget the insurance. Many people who get divorced forget to change their life insurance beneficiaries to someone other than their ex-spouse.

Dennis Hopper was locked in an ugly divorce fight with his fifth wife, Victoria Duffy-Hopper.  She blamed his children for convincing him to start the divorce as a way to cut her out of his estate plan.  Hopper asked the divorce judge for permission to change his life insurance policy to remove his wife and their young daughter as beneficiaries.  His request was denied and the judge said that issue would have to wait for trial.  But Hopper died first, and the life insurance was never changed.

3. Act now, even before the divorce is final. Divorces can be extremely messy and may drag on for years. What happens if one of the spouses dies or becomes disabled during the divorce proceedings?

It’s reported that Tiger and Elin Woods are in divorce negotiations now and that Elin is asking for $750 million.  What if Tiger is in a car accident? What money does he want Elin to receive?  It is probably a lot less than what his estate planning documents had dictated prior to the divorce.  Hopefully, Tiger is prepared for the unexpected and has updated his estate planning documents even before the negotiations are concluded.

4. Choose a new executor and/or trustee wisely. If something does happen to you, whom do you trust to make sure that your beneficiaries are financially protected?

A good example of problems that can arise is the nasty battle going on between Ronald Perelman, the billionaire Revlon chairman, and his ex-father-in-law, Robert Cohen.  Perelman was named as the executor under his ex-wife’s will.  In spite of crystal clear instructions in the will that showed that his ex valued her relationship with her father, Perelman launched a series of lawsuits against Cohen in the name of her estate.  He did this even though Cohen was elderly, infirm and paralyzed.  Perelman wouldn’t have been able to do this if his ex-wife hadn’t named him as her executor.

5. Create a new Medical Power of Attorney and Advance Directive. Even if you are comfortable with an ex-spouse making financial decisions, what about the medical decisions?

In Gary Coleman’s case, his ex-wife, Price, did pull the plug after he sustained a head injury and was put on life support.  Is this what Coleman would have wanted? We’ll never truly know, but legally Price had the right to make this decision through Coleman’s advance directive.

Tiger Woods pay heed! Elin already came after you with a golf club (allegedly!), do you really want her making your termination of life support decisions?

By Andrew W. Mayoras and Danielle B. Mayoras, co-authors of Trial & Heirs: Famous Fortune Fights! and husband-and-wife legacy expert attorneys.  As educators across the United States through speaking engagements, print, broadcast, and social media, Danielle and Andrew consistently draw rave reviews and are in high demand.   Email them at contact@trialandheirs.com.  Find us on Facebook!

Apparently Leona Helmsley is not alone.  Gail Posner of Miami Beach, Florida passed away in March at the age of 67, from cancer.  Her only son, Bret Carr, was left one million dollars, despite not being close with her in the years leading up to her death.  They did reunite while she was on her deathbed, in the hospital, according to Carr.

So should Carr really complain?  A million dollars isn’t so bad.

The first problem, says Carr, is that his mother’s three dogs received a $3 million trust fund and a $8.3 million mansion.  But who can put a price on loyalty?

There’s more.  Posner’s former staff (including bodyguards, a personal trainer and housekeepers) get $27 million.  Wow — that’s some severance package!

Carr says he and his mother had a rocky relationship, but grew closer in the last decade or so, until 2008.  What happened then?  The staff kicked him out of Posner’s house and convinced his mother to keep him away.  He says he captured it all on video.

Carr also says the staff exercised “undue influence” and connived, cajoled, and coerced their way into the will.  Mom never would have left all that money to the Chihuahua named Conchita, and the two other dogs, if the staff hadn’t taken advantage of her.  They realized, according to Carr’s lawsuit, that convincing her to favor her canine companions would be a great way to keep themselves working (and getting paid) while living in that mansion.  Someone has to care for the dogs after all, don’t they?

The Today Show has a complete feature on the case.

While leaving millions to dogs (and millions more to staff) is a bit unusual, cases built around claims of undue influence are common.  In fact, with the continued economic woes our country faces, these issues are popping up more and more — from Florida to Michigan, New York to California, and everywhere in between.

Every states has laws to help families who believe that a will or trust was due to undue influence, as opposed to the true wishes of a deceased loved one.  These cases aren’t easy to prove, but are often necessary when someone has been targeted by an unsavory caregiver, family member, or gold-digger.

That’s why experienced probate litigation attorneys are there to help.

By Andrew W. Mayoras and Danielle B. Mayoras, co-authors of Trial & Heirs: Famous Fortune Fights! and husband-and-wife legacy expert attorneys.  As educators across the United States through speaking engagements, print, broadcast, and social media, Danielle and Andrew consistently draw rave reviews and are in high demand.   Email them at contact@trialandheirs.com.

The Chairman of Revlon, Ron Perelman (who is one of the richest men in the world), recently lost a very heated and ugly probate lawsuit (or more specifically, several different lawsuits), in which he sued on behalf of his ex-wife’s estate.  Claudia Cohen had named Perelman as her executor shortly before she died in 2007. 

So who did Perelman sue?  None other that the father of his ex, Robert Cohen, who was infirm, partially paralyzed and in his eighties at the time.  The Probate Lawyer Blog’s article discussing the case has all the details.

We found the case, and Perelman’s efforts in particular, especially troubling.  And we certainly aren’t the only ones.

In fact, the New Jersey judge who presided over the case recently ruled that Perelman’s lawyers are to be sanctioned because some of the claims they filed were frivolous.  He specifically took issue with their claims Cohen should not be permitted to change his estate plan because he had allegedly “promised” his daughter (who later died) an equal share of his estate.

The judge said that no “competent attorney” could have proceeded with the claims.  In fact, Perelman was the only witness to offer testimony on the topic, and he never even said there was a “promise”.  Yet this lack of evidence didn’t stop Perelman’s lawyers from grilling Cohen during a lengthy cross-examination (during which Perelman could barely speak because of his Parkinson’s disease).  The judge’s ruling called this ”harsh and painful”.

Because of this ruling, Perelman’s legal team will have to reimburse Cohen a portion of the $14 million legal bill he spent defending the lawsuits.  Cohen’s attorney said the amount owed by Perelman’s lawyers will reach into the millions.

It’s very rare for a judge to order these types of sanctions based on a “frivolous” lawsuit.  The American legal system has always employed the concept that each side pays their own attorney fees, except in special circumstances.  A frivolous claim (such as one done in bad faith, or without a valid factual or legal basis) is one of the exceptions to the general rule, but it’s not often employed, especially in a case of this magnitude.

You can read more about the Judge’s ruling, and even read the actual transcript from the court hearing, from Law.com.  The transcript (while quite long) is actually very interesting … at least to probate and estate planning attorneys like us.

We have to applaud the judge’s ruling in this case.  He sent a message that it is not ethical to subject an infirm and elderly man to a terrible legal onslaught based on the argument that he shouldn’t be allowed to leave his assets as he chose, merely because he previously expressed an intent to do otherwise.

How can their ever be certainty with wills, trusts and other estate planning documents if disgruntled family members (or even disgruntled ex-spouses of family members who died), can challenge every document simply by claiming that the person really intended to leave their money in another way?

By Andrew W. Mayoras and Danielle B. Mayoras, co-authors of Trial & Heirs: Famous Fortune Fights! and husband-and-wife legacy expert attorneys.  As educators across the United States through speaking engagements, print, broadcast, and social media, Danielle and Andrew consistently draw rave reviews and are in high demand.   Email them at contact@trialandheirs.com.

The case raged for months, and The Probate Lawyer Blog featured several articles about it.  The Hong Kong judge carefully deliberated since closing arguments took place in late September.  Earlier today, the High Court released the 326-page ruling that declared Wang’s 2006 will to be a forgery.

Tony Chan contended that Wang had left him her fortune because, rather than being a mere feng shui adviser for her, he was also her secret lover.  Of course, he was married during the affair.  And he was 20 years younger than she was.

Lawyers for the Wang family and charities (the vast majority of her fortune from the prior will, in 2002, was earmarked for charity), said Chan forged the new will.  They also claimed, alternatively, that Chan had tricked her into signing it by declaring it to be a “feng shui will” that he was supposed to destroy as part of a ceremony to help extend her life.

If you’re interested, you can read the Court’s decision here (don’t worry, the helpful Hong Kong Court also provided a much shorter summary of the long legal document which is also available through the same link).  Here are the highlights:

Nina Wang did have an intimate relationship with Tony Chan, but she wanted to keep it a secret.  Despite giving him lavish gifts and payments of money, she didn’t want to give him her entire fortune.

Rather, she held true to her wishes in the 2002 will, leaving most of her wealth to charity.

Wang did, in fact, sign a new document in 2006.  But it wasn’t the will Tony Chan said it was.  No — that one was forged . . . through a “highly skilled simulation”.  Instead, Wang signed a Specific Bequest Will leaving Chan $10 million (poor guy).

The Judge didn’t find Chan believable — pointing to his criminal past, among other reasons.  Chan lied and withheld relevant information from the Court, the Judge said.  And, the 2006 will was written in English, not Chinese like the 2002 will.

The judge also said he didn’t believe Chan’s wife either, who also offered testimony to support the validity of the 2006 will.

Chan’s lawyer already promised an appeal.  But, Chan has other concerns in the meantime.  Chan may be referred for criminal prosecution based on the finding of forgery.  And he won’t even have the $10 million from the “Specific Bequest Will”.  That partial will wasn’t located and Chan didn’t offer it for admission to the Court.  So he may not even get that amount.

The real irony here is that Chan’s path is eerily similar to Nina Wang’s.  Her husband was kidnapped in 1990 and was never found.  (In fact, that’s how she met Chan — he was supposed to help locate her husband).  After Wang’s husband was declared dead, the father-in-law challenged the will that left Nina Wang everything.

And, just like in this case, the will was found to be a forgery and Nina Wang was charged criminally.

But, Nina Wang ultimately won on appeal and was exonerated.  She inherited her husband’s fortune, despite originally losing her case.  Will her feng shui master/former lover be as lucky on appeal?

Feb 4, 2010 Update — Tony Chan has been arrested because of the ruling.  Read the story here.

Posted by:  Author and probate attorney Andrew W. Mayoras, co-author of Trial & Heirs:  Famous Fortune Fights! and co-founder and shareholder 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.  You can email him at awmayoras @ trialandheirs.com.