Victoria Personal Injury Lawyer - Will

What will happen with Heath Ledger's $20M+ estate?

Paul Romano — Thu, 28 Aug 2008 11:45:09 GMT

Heath Ledger, star of the recent Batman film the Dark Knight who died of an accidental drug overdose on January 22, 2008, left an estate that may top $20M after proceeds of his most recent hit movie finish pouring in. In 2003, Ledger executed a will in his home country of Australia in which he put the bulk of his estate into a trust for the benefit of his parents, Kim Ledger and Sally Bell, and his three sisters. Although the fallen star left his testamentary wishes absolutely clear and in writing, there is still some controversy over who should be entitled to Ledger's estate.

The dispute lies in the fact that subsequent to signing his will, Ledger fathered a child, Matilda, with his then girlfriend, actress Michelle Williams. Although the general rule in all of the United States is that a person may disinherit anyone he likes, including his children, most states in America, including New York where Ledger died, have laws against the accidental disinheritance of a child. Generally, the law presumes that an after-born child who is not mentioned in a will that was signed before the birth of the child would have been included as a beneficiary if the deceased person had taken the time to update their testamentary wishes. If the facts to this point in my blog constituted the entirety of the story, then under New York law, Matilda would be entitled to Ledger's entire estate in spite of the movie star's 2003 will directing otherwise. But, of course, the story does not end there.

It seems that there are rumors that a young Heath Ledger may have fathered another child when he was age 16 with an older woman when he lived in Australia. This rumor, as far as I can tell, has not yet been confirmed. However, if rumors of a second child are true, Matilda's claim to her father's estate may be in jeopardy. Although the law generally favors a child disinherited by a will signed before the child's birth, the presumption in favor of that child disappears if the testator (the person who signed the will) had another child at the time the will was signed who was also disinherited. The theory is that if the testator disinherited the child who was living at the time the will was signed then he would also have disinherited any afterborn children as well. Additionally, it would not matter, as in this case, that the testator may have had no knowledge of the other child's existence when the will was executed. The law would presume that Ledger knew he had a child and intentionally disinherited that child, and no evidence to the contrary may be admitted to prove otherwise.

At this point, Ledger's parents have proclaimed their intention to "take care of" Matilda; however, two of Ledger's uncles have questioned the sincerity of their brother Kim Ledger's generosity. The uncles claim that Kim Ledger mismanaged their father's estate and should not be trusted to properly manage his son's estate on Matilda's behalf.

I will keep you updated as the story progresses.

Originally posted at InjuryBoard by Paul Romano

Protect Your Will

David Coffey — Mon, 25 Aug 2008 21:56:26 GMT

The Texarkana Court of Appeals reversed a trial court's admission of a lost will to probate in the Estate of Wilson, 252 S.W.3d 708 (Tex. App.-Texarkana 2008, no pet. h.). The presumption in Texas is that if an original will is not produced in court, it was revoked by the testator. In this case, the court of appeals held that the decedent's wife did not meet the high standard required to prove that a will not produced in court was, in fact, lost and not merely revoked.

It is very important that you keep your will in a place that is safe from fire, flood, or disgruntled beneficiaries.

Thanks to Professor Gerry Beyer for bringing this case to my attention.

Originally posted at InjuryBoard by David Coffey

Paris Hilton Disinherited

David Coffey — Mon, 17 Sep 2007 16:23:34 GMT

The head of the Hilton clan, Barron Hilton, has decided to disinherit all of his grandchildren. He is particularly "embarrassed by how the Hilton name has been sullied by Paris." He has chosen, instead, to leave his fortune to the Conrad N. Hilton Foundation.

Originally posted at InjuryBoard by David Coffey

Democrats take wait and see approach to tax reform

David Coffey — Thu, 04 Jan 2007 11:07:33 GMT

President Bush is once again pressing congress to make his tax reforms permanent. The Democratic Congress looks to be taking a guarded approach given the financial constraints of the federal budget especially considering the cost of the Iraq War and its inherent uncertainties.See, The Democrats' Cautious Tiptoe Around the President's Tax Cuts

Originally posted at InjuryBoard by David Coffey

Is Estate Tax Reform Dead?

David Coffey — Wed, 03 Jan 2007 15:18:01 GMT

Republicans have previously been unwilling to discuss any estate tax reform short of full repeal. With the Democratic takeover of the House and Senate, this may no longer be the case. Charles Rangel, the incoming Chair of the House Ways and Means committee has favored repeal for some time and may be inclined to sponsor legislation increasing the current estate tax exemption. See, Democratic House means changes in Tax Agenda.

Originally posted at InjuryBoard by David Coffey

The Rising Cost of Elder Care

David Coffey — Wed, 03 Jan 2007 15:00:51 GMT

The New York Times had an interesting article last week on the cost of Elder Care. Elder Care Costs Deplete Savings of a Generation. Not only are the rising costs of care for the elderly eating away at their savings, their children are also spending their own money as well. Advance planning is absolutely necessary to ensure that no one has to bankrupt themselves in order to care for loved ones. The attorneys at Cole, Cole & Easley are here to assist you with developing a plan to assist you in dealing with these high costs.

Originally posted at InjuryBoard by David Coffey

Malpractice Actions Against Estate Planning Attorneys

David Coffey — Thu, 27 Jul 2006 20:53:57 GMT

It has long been the law in Texas that attorneys could not be sued for negligently advising and preparing wills. That may no longer be the case. The Texas Supreme Court in Belt v. Oppenheimer, Blend, Harrison & Tate, Inc. held that "there is no legal bar preventing an estate's personal representative from maintaining a legal malpractice claim on behalf of the estate against the decedent's estate planners."

Originally posted at InjuryBoard by David Coffey

Anna Nicole Smith - Inheritance or Not?

Robert Soliz — Thu, 13 Jul 2006 18:20:39 GMT

In this strange case, former Playboy Playmate, Anna Nicole Smith, alleged that her stepson, E. Pierce Marshall, Jr. ("Pierce") had interfered with her inheritance rights. Having already lost her claim that her dead husband, J. Howard Marshall, II had promised to leave her half of his estimated $1.2 Billion estate, in probate court, Ms. Smith then pursued this claim against Pierce in U.S. Bankruptcy Court. The bankruptcy court ruled in her favor and earlier this year, the United States Supreme Court in a unanimous decision ruled that she did, in fact, have a cause of action (Click here for article discussing the case). Now it's back to Bankruptcy court for the parties, however, Pierce has died from an "aggressive infection". The question now becomes will anyone want to continue fighting?

Originally posted at InjuryBoard by Robert Soliz