EoD: let’s not get fooled again
We’re here catching up on a number of postings. Life is never dull and it’s incredible to see how random stories can come together with such a common thread.
A Lawyers.com survey indicates a drop in American estate planning. As much as we spend time reporting on the abuses related to probate venues and documents, EstateofDenial.com still believes that such planning is essential. Disgruntled family members and wannabe heirs can always find partnership opportunities within the legal industry to use estate planning documents to divert assets from intended heirs/beneficiaries, but with no documents making any attempt to communicate one’s final distribution of assets, the stage is set for even more unscrupulous opportunism and exploitation.
And no one is immune from such exploitation as the New York Daily News reports how the family of the late Judge John Phillips, a 17-year civil court judge, is suing a nursing home in connection with his death. The article reports another probate-oriented aspect saying “A series of court-appointed guardians allegedly squandered Phillips’ assets, and he died owing more than $1.5 million in taxes and other debts.”
EoD finds it interesting that a CNN/Opinion Research Corporation survey released Friday says 56% of people questioned think the federal government has become too large and powerful and that it “poses an immediate threat to the rights and freedoms of ordinary citizens.” It doesn’t take much reading of this web site to know we agree.
Speaking of problematic government, the Denton Record-Chronicle reports how a county probate investigator is looking into a case of prospective financial exploitation by an elderly woman’s two caregivers. Search “Denton County probate court” on this site and you’ll see why we find irony in even the premise of this story. Nonetheless, you take progress, where you can get it and this investigation hopefully sends a message that looting assets of the elderly - or anyone otherwise disabled or incapacitated - is a lowlife way to make a living. It is also hoped that voters won’t get fooled again with Tuesday’s primary and that the probate judge race generates something more than a “meet the new boss, the same as the old boss” candidate.
To round out this new group of articles, The Washington Times has a recap on probate implications that could impact every American through Marshall v. Marshall, the continuing legal battle of Anna Nicole Smith’s estate to extract never-designated or intended-for assets from the estate of J. Howard Marshall II. A court ruling on this near 15-year-old case is expected in the near future.
And last, but never least, Judge Larry Seidlin is in the news again. Yes, he is the one who gained notoriety during the Anna Nicole Smith disposition of the body hearing. Check out Bob Norman’s recent post on The Daily Pulp.
Upon reading the allegations and background of the lawsuit against Seidlin, it’s understandable why people aren’t interested in depending upon an attorney to prepare estate documents (see above Lawyers.com survey, Denton County) or entrusting their government (see above CNN poll, Marshall v. Marshall) to administer justice when rights are violated and interests assaulted.














March 2nd, 2010 at 12:57 pm
That the case against the Marshall family has even been entertained by the U.S. legal system is crazy, not to mention makes it harder for people to trust that their wishes will be respected after they are gone.
March 2nd, 2010 at 1:34 pm
This signals to me that a trend may develop where older people feel as if they have to distribute their assets while they are still living. That is truly a sad state of affairs since it forces people to give up control of their money/possessions which they should never have to do(after all, they earned them!). I sincerely hope that the 9th circuit sends out a loud and clear message in Marshall v. Marshall so that we can rest easy in knowing that our last wishes will be respected.
March 2nd, 2010 at 3:59 pm
I highly recomend the Zwicki piece. All too often see people see this case as just something interesting for the entertainment community- a playboy model turned reality star’s quest for her octogenerian husband’s fortune. however, this suit has serious real life reprecussions- for example, if ANS were to prevail, practically every will and trust in the country could be subject to challange via strategic bankruptcy filings- leading to DECADES of litigation (litigation the cost of which most americans could never afford). Thus, it is extremely important for the 9th circuit to rule that this sort of strategic use of the bankruptcy system to circumvene the well established and respected probate system will simply not be tollerated.