The news has recently been full of articles regarding Involuntary Redistribution of Assets (IRA) cases — that is, cases in which probate instruments like wills, trusts or guardianships are used to distribute assets in a manner contrary to the asset owner’s wishes.  It can happen during the individual’s lifetime (with a guardianship) or posthumously through a trust or will.  These acts can be perpetrated by disgruntled family members, would-be heirs or unscrupulous individuals who specifically target a person for an IRA action.  Such efforts usually are assisted through alliance with a legal professional.  While this is a nice sanitized, civilized description of a growing problem, the reality is that IRA cases are about looting assets of the disabled/incapacitated and/or stealing from the dead.  Some folks, most often lawyers, will tell you this “problem” doesn’t really exist.  Interestingly though, this non-existent problem keeps coming up.

Cases that generally get the most press coverage usually involve high profile individuals often having high dollar estates.  Just this month, Vanity Fair has a long article on Brooke Astor and the estate looting alleged to have taken place by her son while The New Yorker features an in-depth piece on Leona Helmsley, her posthumous establishment of an $8 billion charitable foundation for the care of dogs and perspective on honoring her wishes.  Marshall v. Marshall, better known for complainant Anna Nicole Smith, is another such example with the second birthday of Smith’s daughter Danielynn having been featured in a recent Us Weekly magazine cover story.  Litigation is still pending in Anna Nicole Smith’s claim against the estate of J. Howard Marshall II.  Danielynn will undoubtedly be impacted by decisions of the court as well as those acting on her behalf, but this case is of even more importance as it could set precedent harmful to the rights of inheritance of all Americans!

In the upcoming days, we will come back to these cases as each exemplify important aspects of the Involuntary Redistribution of Assets issue.  Meanwhile, John Richardson opens his Vanity Fair article on Brooke Astor with a reference to another New York estate abuse prosecution that has been termed a “mini-Astor case.” EstateofDenial.com commented on this case back in January and we would once again reiterate the same position:

While high profile/high dollar cases get the most attention, the same entitlement mentality as well as tactics and ploys are surfacing in looting actions of moderately-valued  estates.  Wealth is relative and no  estate is immune from an IRA threat!  These cases transcend socioeconomic boundaries and although the dollar amounts vary, the asset looting environment and experience is similar for all economic levels.

Terry Stork’s recent criminal prosecution for estate looting was unusual as such matters are usually relegated to civil courts where “victims” pay for the potential to obtain “justice.”  Self-dealing lawyers know how to stall and delay proceedings to increase billable hours while hopefully diminishing the emotional and financial resolve of those seeking to protect their rights of inheritance.  One might “win” a case yet, due to litigation expenses, suffer a net financial loss.  And expect no protection from the court.  Many people believe that the legal community takes care of its own and is localized in this action.  That is, special favoritism is shown to lawyers in general, but “home team” attorneys have a particular advantage.  Others also warn that judges - usually former lawyers - can become preoccupied with making decisions they view as unlikely to be overturned.  This, or decisions based on not wanting to upset the local legal status quo, can lead to horrible miscarriages of justice.

Modest assets are no deterrent to Involuntary Redistribution of Assets (IRA) perpetrators.  In fact, an estate of $500,000 to $1 million can be most appealing.  It’s enough money to be worth pursuing, but not so much that heirs may find it cost prohibitive to fight over — even with a legitimate claim!

We hope people will come to understand that “mini-Astor cases” are occurring regularly across this country.  With that, reading and learning about these high profile cases is important as a means to understand the potential threat facing the property of all Americans.  The EoD News Archive contains many media accounts of these cases.  Our Updates section provides additional analysis and our opinion.  We’re not lawyers, we don’t offer legal advice, but the information available on these pages could be invaluable to you and your family.