Although O.J. Simpson was acquitted in what may have been the murder trial of the century in connection with the death of his ex-wife Nicole Brown Simpson and her friend, Ronald Goldman, a California civil jury determined he was liable for $33.5 million dollars (which is now over $114 million due to interest accrued) for O.J.’s actions in their wrongful death.  O.J. moved to a debtor-friendly state (Florida) and (from his book described below) only paid $133,000 of the judgment against him.  So, can the Brown and Goldman families collect the balance of judgment from O.J.’s estate? O ..read more

The recent Lifetime Network documentary series on the famed daytime television talk show host, Wendy Williams, has again put the spotlight on guardianship. A couple of years ago, Britney Spears conservatorship was in the limelight until she was “freed”. The cases are clearly different as Williams has cognitive issues as she has been diagnosed with frontal temporal dementia (which leads to a loss of function of the frontal and temporal lobes) and aphasia (which affects the ability to speak and understand speech). Well-known actor Bruce Willis also has frontal temporal dementia and aphasia. In t ..read more

Although planning for disability and death should always be considered in estate planning, the potential need for public benefits or loss of valuable public benefits (such as Medicaid or Veterans’ benefits) should not be overlooked. The following are a few examples of what planning options should be considered. Every will or trust should plan as if a beneficiary is disabled Contingent disability trusts in a will or trust should be considered if an individual is a beneficiary. Even if the beneficiary has sufficient assets or is not presently disabled, the beneficiary may not be competent or h ..read more

The Estate of George Carlin (the Estate) is suing an alleged state-of-the-art entertainment AI (artificial intelligence) company called Dudesy, LLC and its comedians, Will Sasso and Chad Kultgen, and others for the use of Carlin’s voice and sense of humor using AI without the consent of the Estate resulting in copyright infringement and deprivation of right of publicity for use of his name and likeness to profit.  The plaintiff (the Estate) claims the podcast and video was not creative – it was only AI – generated as stated at the beginning of the podcast. The suit says the video is an “u ..read more

Jay Leno has filed a petition in a California court to seek conservatorship over his wife, Mavis, who is believed to have Alzheimer’s Disease or some other form of dementia.  Leno is seeking conservatorship since Mavis no longer has sufficient mental capacity to do an estate plan.  California is a community property state.  He seeks authority under California’s laws on substituted judgement to approve the creation of a trust or other estate planning document so that her assets could be distributed in a way that she would want if she had sufficient mental capacity.  Texas la ..read more

The battle over the originally unclaimed estate of a recluse multi-millionaire, Joseph Stancak, was turned topsy-turvy when the court admitted a mysterious will (without determining validity of the will) seven years after Stancak’s death. Stancak lived frugally in a modest home.  He drove a 28-year-old car, wore old clothes and neighbors knew little about him.  He died at age 87 in December 2016 with no immediate family.  No will was found and no relative sought an heirship determination.  As a result, his $11 million bank account was given to the Illinois state treasurer ..read more

Surviving spouses are entitled to numerous rights under federal and Texas laws. The following are just a few of the many that widows and widowers should be aware. Homestead rights Under the Texas Constitution, a surviving spouse is entitled to the exclusive right to occupy the homestead for his or her life even if the home is the separate property of the deceased spouse or gifted or bequeathed to someone else. The surviving spouse is required to pay the property taxes, mortgage interest (not mortgage principal) and maintain the home. A life estate is not full ownership interest – just the e ..read more

A life estate is an interest in real estate whereby the grantor of the deed (the life tenant) retains the exclusive (no one else has right without permission) right to occupy and use the real estate (often a homestead) for life. The deed would indicate that the grantor/life tenant retains a life estate. The grantee of the real estate (the remainderman) takes possession at the death of the grantor (life tenant). So, for example if a parent wants a child to own the real estate (i.e., homestead) after the death of the parent, then a life estate deed can be used to avoid probate. Typically, the re ..read more

Although there are dozens of new laws in Texas, the following (in no particular order) are just some that affect estate planning, probate, guardianship and the elderly. Homesteads Held in Revocable Trusts Need Specific Language to Have Homestead Property Tax Exemption and Homestead Exemption for Creditor Protection The Texas Tax Code requires certain language for the homestead property tax exemption if held in a revocable living trust. However, that language slightly differs from the Texas Property Code as far as the homestead exemption for creditor protection. As a result, if you have a rev ..read more

It is not unusual for those with inadequate assets or income to seek public benefits to help pay for care. Attached is a PowerPoint presentation describing the eligibility requirements for a non-service connected disability of a wartime Veteran or his or her spouse vs. eligibility for long term Medicaid benefits. download pOWERPOINT ..read more