RJG Legal

Glen Campbell’s Kids Can Challenge His Will, Judge Says

“A Nashville judge has ruled that three children of the late Glen Campbell have a right to contest the validity of two wills that cut them off from any inheritance from the late singer.”

Davidson County, Tennessee Probate Judge David Randy Kennedy recently held that three of Glen Campbell’s children, who were disinherited from the singer’s estate, have the legal standing to contest wills dated September 1, 2006 and January 7, 2001.

The Tennessean reported it its recent article, “Glen Campbell's children have right to contest wills that cut them off inheritance”, that Travis, Kelli and Wesley Campbell petitioned the court to certify that a will contest existed. The three were the only children of Campbell who were left out of both wills.

Anyone who may have a potential interest from the will, can challenge a will. The most successful challengers are usually spouses. The most successful grounds for a will contest are that the decedent lacked testamentary capacity or that the person was unduly influenced to draft the will to benefit a certain person.

Judge Kennedy noted in his decision that, in this case, the three Campbell children intended to contest their father's capacity to agree to the wills and also that he was subject to undue influence. Campbell suffered from Alzheimer's disease for a few years, before he died on August 7, 2017.

The 2006 will was filed by Kimberly Campbell, Glen’s widow, who was also named executor of his estate. She recently filed notice that she wouldn’t challenge the right of the three children to contest the will. Judge Kennedy said in his decision, that there was no opposition to the certification request.

The 2006 will names Kimberly and Glen’s five other children as beneficiaries. A fourth Campbell child, Debbie Campbell-Cloyd, has raised questions about the actions of a former publicist and manager for the singer, Stanley B. Schneider, who has been acting as a temporary administrator of the estate.

Debbie asked the probate judge to order Schneider to provide a full accounting of payments made from the estate and a bank account into which Glen Campbell's royalties have been deposited. She argued that the royalties should have been deposited into an estate account. However, even after Campbell's death, the money was deposited into an account controlled by Kimberly and Glen Campbell. Schneider, according to court filings, had power of attorney over the account.

Reference: The Tennessean (July 25, 2018) “Glen Campbell's children have right to contest wills that cut them off inheritance”

Estate of To Kill a Mockingbird Author To Decide if Story Should be a Play

“With a new lawsuit, the Harper Lee estate is effectively saying that it has no faith in her novel to withstand the slings and arrows of someone else’s interpretation.”

In spring 1957, an unknown young woman from Monroeville, Alabama, finished the first draft of a novel that was based in part on the character and experiences of her father, a local attorney. She portrayed him with conflicted feelings: as the parent she loved and also as a racist who’d attended a meeting of the Ku Klux Klan and asked questions such as: “Do you want Negroes by the carload in our schools and churches and theaters? Do you want them in our world?”

The Hollywood Reporter’s recent article, “Let Aaron Sorkin's 'To Kill a Mockingbird' Adaptation Move Forward,” explains that it was only later, when a gruff but motherly editor named Tay Hohoff had sent the writer back to the drawing board, that she re-thought her story and the lawyer himself—redeveloping him as the dignified Atticus Finch of To Kill a Mockingbird.

Lee’s reinvention of Finch would have remained a well-kept secret, if her attorney, Tonja Carter, hadn’t taken the controversial step of letting HarperCollins publish that early draft, titled Go Set a Watchman, a few months before its author’s death in February 2016. The book became a bestseller, despite the many questions as to whether Lee, a recluse who’d never published any other novel after Mockingbird came out in 1960, would have wanted it out there.

Now Carter and Lee’s estate are battling over whether to allow Aaron Sorkin to move ahead with his stage adaptation of the book.

The news that the Oscar-winning screenwriter behind The West Wing and The Social Network was creating a Broadway production, made headlines when it was announced in February 2016. However, the play’s future is now in doubt. On March 14, Lee’s estate announced it was suing the production and producer on the grounds that they’d violated an agreement that “the Play shall not derogate or depart in any manner from the spirit of the Novel nor alter its characters.” Sorkin wants the main characters, who are children, to be played by adults.

The estate may have a good argument. Its response appears to be based on the fact that the adaptation could jeopardize the chances of bringing new readers to a novel, that’s already sold more than 40 million copies.

Reference: The Hollywood Reporter (March 19, 2018) “Let Aaron Sorkin's 'To Kill a Mockingbird' Adaptation Move Forward”

Elderly Houston Woman Falls Victim to Financial Abuse

“An elderly Houston woman says an on-line coin seller, based in New York, took advantage of her loneliness to sell her $1.3 million in gold and silver coins at inflated prices.”

Seventy-two-year-old Patricia Thomas recently sued the National Collector's Mint in federal court in Houston, claiming that one of its sales representatives, under the guise of "checking in" with her, persuaded her into purchasing $1.3 million in gold and silver coins—at a cost more than double what they were worth. Thomas alleged violations of federal telecommunications law that prohibits telemarketers from misrepresenting the risk and profitability of investments and Texas deceptive trade practices law for allegedly claiming the coins would increase in value.

The Houston Chronicle’s article, “Elderly woman says coin seller duped her into $1.3 million in purchases” reports that the lawyer representing National Collector's Mint claims no one was deceived and that Thomas could return the coins for a refund.

Some unscrupulous sales representatives will target older investors, preying on their anxiety of whether they've saved enough to retire and promising them above average earnings by investing with them.

Most of the investment fraud cases brought by the Texas State Securities Board against investment firms and advisors last year involved elderly investors. In these cases, sellers often describe the complicated investment vehicles as great opportunities to make extraordinary returns and claim that they're "risk free," "safe and secure" and "guaranteed.”

National Collector's Mint makes and sells coins and collectibles, advertising on television, magazines, its website, and through telemarketing, according to the Federal Trade Commission. The mint settled the action, without admitting any wrongdoing.

Thomas suffers from rheumatoid arthritis and requires full time care. She sees her children infrequently and anticipated the calls from Randy T. Perry, the mint's sales representative, according to court documents. She came to believe that Perry, who was also named in the suit, was a close friend whom she could trust, the lawsuit alleged. As a result, she made significant purchases, including many coins that cost more than $30,000 each.

Thomas is an unsophisticated investor and had no clue that rare coins are bought and sold in coin marketplaces and that information on value is readily available, according to court filings.

"They lured her in with some low-priced coins," the lawsuit said, "gained her trust, then pushed very expensive coins on her, knowing full well she had no idea about the true value of the coins."

Reference: Houston Chronicle (February 15, 2018) “Elderly woman says coin seller duped her into $1.3 million in purchases”

Children of Entertainment Legends Fight for Right to Visit Aging Parents

 “The adult children of entertainment legends Casey Kasem, Mickey Rooney and Glen Campbell tried Tuesday to convince Michigan legislators to pass a law, they say would protect aging parents by ensuring visitation rights for their loved ones.”

Kerri Kasem, Kelly Rooney, and Travis Campbell were recently joined by other supporters, in testifying before the Michigan Senate Judiciary Committee to get state legislators to pass a law to protect aging parents by ensuring visitation rights for their loved ones.

The Detroit News reported in its article, “Hollywood legends’ children push elder visitation bill,” that Kerri Kasem was involved in several heated court battles with her stepmother, Jean Thompson Kasem, for the right to see her father, Casey Kasem—the “American Top 40” host who died in 2014 of complications of Lewy body dementia at age 82.

Since the death of her father, a Detroit native who began his radio career at Wayne State University, daughter Kerri has been working to guarantee that family members can visit ill or incompetent relatives with the help of laws, like the one being considered in Lansing.

“What it would allow the judge to do is to just rule on visitation. It would put the burden of proof on the caretaker,” said Kerri Kasem. “If they’re not allowing visitation, they have to prove why instead of hearsay.”

Travis Campbell, the son of Glen Campbell, said he was restricted in his visits with his father, when the musician began to decline. Campbell died of Alzheimer’s disease in August of last year at age 81.

Travis said he helped get lawmakers in Tennessee pass an elder visitation bill two years ago. He commented that toward the end of his father’s life, he was only permitted to see him for a few hours twice a month. Campbell said he was concerned about his father’s health because his dad was made to perform 151 shows over three years—even though he felt he couldn’t perform that many shows.

Kelly Rooney said her isolation from her father was slow and gradual and that he had complained of emotional and other forms of abuse before his death in 2014 at the age of 93. She claims that her father’s caretakers withheld medication and food from him.

Mickey Rooney testified about elder abuse before Congress in 2013. Kelly said her father was forced to continue to work and he was “demeaned” when he flubbed his lines or couldn’t read cue cards.

Kelly said her father’s caretakers would lie and say he wasn’t home when she came to come see him. She said that they held him hostage and stole time from the family.

Kerri Kasem said 11 states have passed similar visitation legislation.

Reference: Detroit News (February 13, 2018) “Hollywood legends’ children push elder visitation bill”

Britney Spears’ Assets Still Controlled by Dad

“Ten years later, Britney Spears is still under conservatorship of her father Jamie—and her protective dad wants to keep fans out of her personal business!”

On January 24, attorneys met in Los Angeles Superior Court for a hearing to ask a county court judge to seal a portion of an upcoming order, according to Radar’s report, “Britney Spears’ Dad Begs Judge To Seal Conservator Case Docs For Kids’ Sakes.”

Britney is leaving Las Vegas, with her residency concluding. However, the conservatorship set up with her father, Jamie Spears, in control over her life may continue indefinitely.

“The Order contains information that relates to and reveals details relating to Ms. Spears’ estate planning, attorney-client privileged documents, and personal and private information relating to Ms. Spears and her minor children,” estate co-conservator Andrew M. Wallet wrote in the most recent filing on December 27, 2017.

Wallet argued that there was no “constitutional right” to public access of the documents, and Britney and her boys have a “right to privacy” in the matter.

During the hearing, the judge granted the motion to seal.

In the past, documents relating to the case have contained shocking information about her prior drug abuse, partying and wild spending.

Britney, who’s now 36, has been under conservatorship since 2008, after her very public meltdown and custody loss of her sons Sean Preston, 12, and Jayden James, 11, to ex-husband Kevin Federline.

The New York Times reported last year that every purchase Britney makes is tracked in court documents to protect her fortune. She pays her dad $130,000 a year to manage her affairs.

Under her father’s monitoring, Britney has regained joint custody. She has also continued to be a pop superstar with a recent successful residency in Las Vegas.

Reference: Radar (January 24, 2018) “Britney Spears’ Dad Begs Judge To Seal Conservator Case Docs For Kids’ Sakes”

Whitney Houston’s Estate and IRS Settle Estate Tax Issues

“Whitney Houston’s estate has reached a $2 million settlement with the Internal Revenue Service (IRS).”

The estate for the late musical icon Whitney Houston, who passed away in 2012 after drowning in her bathtub at a Beverly Hills hotel, was initially ordered to pay $11 million to the IRS after it was claimed they had underreported the singer’s royalties, residuals, and value of her image by $22.6 million after her death.

The Daily Mail’s recent article, “Whitney Houston's estate reaches $2million settlement with IRS” reports that court documents filed last week show that the estate reached a settlement with the IRS where it agreed to pay the agency a total of $2,275,366.

This settlement comes after the singer’s estate claimed the IRS was incorrect in their value determination, and alleged that her music royalties, digital performance royalties, motion picture and TV residuals, and publicity rights—which they valued at $11.7 million—had been overvalued.

The parties were scheduled for a court trial to argue about the details of their lawsuit in February. However, that’s been cancelled with the news of the out-of-court settlement.

There’s now no need for the hearing.

Meanwhile, the royalties from the I Will Always Love You hitmaker’s extensive collection of hits are set to keep soaring. In November, some previously unreleased tracks from Houston were made public to mark the 25th anniversary of The Bodyguard.

The collection, Whitney Houston - I Wish You Love: More From The Bodyguard, features several unheard pieces from the late singer's legendary career. The release marks the 25^th anniversary of The Bodyguard: Original Soundtrack Album, which she co-executive produced with Clive Davis.

That Grammy Award-winning album was the first record to sell more than one million copies in a single week. It has since sold more than 45 million across the world. It's the top-selling soundtrack of all time. The movie, The Bodyguard, was Houston’s big screen debut.

Reference: Daily Mail (January 4, 2018) “Whitney Houston's estate reaches $2million settlement with IRS”

Here's a New Year’s Resolution You Must Keep

“As the 2018 new year quickly approaches, many are considering a resolution that will have an immediate impact on their lives.”

Many of us will set resolutions of general wellness, such as eating more healthily, exercising more or getting out of debt. However, the most impactful resolution you can make—and keep—for 2018 is completing your estate plan.

Birmingham Business Journal’s recent article, titled “Why an estate plan should be a resolution for 2018,” says that planning for your family’s future once you’re no longer living, or unable to make choices for yourself, will have a serious impact on your entire family.

Once you sign your last will and testament and living will, you immediately eliminate a lot of stress for your family because no one will need to guess about your final health care wishes or where you wanted your assets to go.

As we move into 2018, make the resolution to remove the guess work from these extremely important decisions and plan for your and your family’s future. Preparation now can avoid unnecessary expenses and family squabbles.

When you create an estate plan, you can achieve your long-term goals and preserve your legacy for your children and grandchildren. You can also give to the charity of your choice.

If you don’t have a plan for your estate, the state’s plan may not align with what you would have wanted. If you die without a last will and testament—known as “intestate”—the laws of the state will dictate how your assets will be distributed.

Your estate doesn’t need to be large and taxable to necessitate an estate plan.

Take care of your estate planning, and your family will thank you.

Reference: Birmingham Business Journal (December 14, 2017) “Why an estate plan should be a resolution for 2018”

Jacko’s Estate Still Fighting with the IRS

“IRS claims estate underestimated value of Jackson’s image.”

The estate of Michael Jackson may have just escaped a major penalty for allegedly undervaluing the late pop singer’s assets.

Bloomberg reports in its article, “Michael Jackson Estate May Avoid Penalties in IRS Dispute,” that a federal tax court judge denied the IRS’s bid to provide additional evidence in a case that was tried in Los Angeles in early 2017. The agency failed to follow certain procedural requirements. As a result, it is barred from seeking as much as 40% of the allegedly understated tax in penalties.

“What happens if a party with the burden of production on an issue fails to introduce sufficient evidence at trial to meet that burden?” Judge Mark Holmes said in his December 2017 order. “Well, he loses.”

The executors of Jackson’s estate, lawyer John Branca and former music industry executive John McClain, have been monetizing the legacy of the singer for the benefit of his children. Jackson died in 2009.

“This Is It,” a documentary about Jackson’s preparations for his ill-fated 2009 tour, went on to be the highest-grossing concert movie of all time. It made $261.2 million in worldwide sales, according to researcher BoxOfficeMojo.com. In 2016, the estate sold Jackson’s half of the Sony/ATV music publishing business to Sony for $750 million.

In 2013, the IRS pursued the estate with a “notice of deficiency,” claiming it had undervalued assets including real estate, a Bentley automobile and Jackson’s “image and likeness.”

The tax court ruling didn’t quantify how much the assets were allegedly undervalued, but Bloomberg Businessweek reported in February 2017 that the IRS claimed Jackson’s name and image should have been valued at $434 million.

The estate said that Jackson’s name and image was worth only $2,105. That estimate implied that his image had been rendered all but worthless by stories about skin bleaching, his obsession with plastic surgery, prescription drug abuse and allegations that he molested young boys who visited Neverland Ranch.

“The court’s order denying the IRS’s request to reopen the trial record was well reasoned and could prevent the government from seeking penalty assessments on their claim against the Estate of Michael Jackson," said Howard Weitzman, a lawyer for the estate.

A spokesperson for the IRS said they can’t comment on ongoing litigation.

Reference: Bloomberg (December 29, 2017) “Michael Jackson Estate May Avoid Penalties in IRS Dispute”

Steely Dan Founder’s Estate Battles with Bandmate Over the Band’s Ownership

“The estate of Walter Becker has responded to a lawsuit filed by his Steely Dan bandmate Donald Fagen over the ownership of the band”

The estate of one of Steely Dan founders says bandmate Donald Fagen's lawsuit over ownership of the band is "riddled with half-truths and omissions." The estate of Walter Becker has responded to a lawsuit filed by Fagen over the ownership of the band, following Becker's September 3 death.

Rolling Stone’s recent article, “Walter Becker's Estate Responds to Donald Fagen's Steely Dan Lawsuit,” reports that in the lawsuit, Fagen accuses Becker's estate of reneging on a Buy/Sell Agreement that he and Becker agreed to in 1972. Under that agreement, one member of the duo would buy all shares of Steely Dan, if the other member quit or died.

"We believe the agreement to which Mr. Fagen refers in his suit—drafted 45 years ago—was not in effect at the time of Walter's death," a representative for Becker's estate said in a statement to Rolling Stone.

"Mr. Fagen's lawsuit, riddled with half-truths and omissions, misleadingly fails to state that the day after Walter died, Mr. Fagen had his lawyer send a demand letter to Walter's estate, thus beginning a legal campaign against Walter's family immediately after his death."

The lawsuit also sued the band's former business managers and tour accounting company over "secretive behaviors." Fagen said he received a letter from Becker's widow stating that, as director or officer of Steely Dan, she is entitled to 50% ownership of the band. He also accused the Becker estate of not giving up control of the Steely Dan website. But a spokesperson for the Becker estate remarked that "the misrepresentation that his widow, [Delia Becker] initiated any litigious action is simply untrue." The estate claimed that they twice have neared a compromise with Fagen's legal team, only for Fagen to fire both lawyers. A third lawyer for Fagen filed the lawsuit, they allege, without first reaching out to the Becker estate.

Following the publication of the Rolling Stone article, Fagen's attorney said that "Mr. Fagen reluctantly took this step in response to certain actions of Mr. Becker's estate. The main point is that the Buy/Sell agreement at the heart of the suit is as valid as the day it was signed. It's something Mr. Becker felt strongly about keeping in place and honoring, even during his years of illness. Mr. Fagen believes Mr. Becker's estate is entitled to receive all normal royalties on the songs they wrote together. But this case is about the future of the band, and we will vigorously defend the contract."

Reference: Rolling Stone (November 27, 2017) “Walter Becker's Estate Responds to Donald Fagen's Steely Dan Lawsuit”

Jimi Hendrix’s Estate Still Battling over the Rocker’s Money

“If guitar legend Jimi hadn’t died of a drug overdose at 27, he’d be 75 on Monday – and a very rich man. Today his bitter relatives are still fighting to get a share of his millions.”

Jimi Hendrix would be 75, if he was still alive.

The Express’ recent article, “Jimi Hendrix: Family feud over guitar legend’s £130million estate,” noted that Jimi died in London in 1970 at age 27.

His family has been counting the money ever since.

Nearly 50 years after Jimi’s death, he’s still one of the world’s highest-earning posthumous celebrities, earning more than $6.6 million last year. His $175 million estate remains a battleground. Jimi’s younger brother Leon, 69, has been battling the estate for the past 15 years, with three court cases awaiting trial.

Jimi’s estate is run by his adopted stepsister Janie.  Leon saw his brother’s formative years. Jimi’s first instrument was a ukulele from a garage sale.

He’s has felt plagued by conspiracies, since being cut out of his father’s will, which he’s contested.

Jimi died with no will and his then $66 million estate was inherited by his father Al. He drafted his own will, dividing the estate between his children and grandchildren. Leon claims that his dad was going to leave him $25 million in a trust fund, but in his final years Leon said his dad signed papers to cut him out of the will. When Al died in 2002, he left one gold record to Leon, while control of the Hendrix estate and its fortune went to Janie.

Leon sued to have his father’s original will reinstated, claiming that Janie had exerted undue influence on him. However, she argued that Leon had been stripped of his inheritance because of his problems with drink, drugs, and crime. A court judge upheld Janie’s control of the estate in 2004, but three years later, Leon won a lawsuit giving him rights to Jimi’s likeness and image. When Leon produced Hendrix vodka, liquor, T-shirts and hi-fi speakers, she sued to stop him.

Janie is suing Leon for marketing Hendrix cannabis, alcohol and electronic goods, calling him a “serial infringer.” In addition, she’s brought an action to stop him from releasing a song on his new album that sounds like Jimi’s hit Foxy Lady, Leon claims.

Reference: The Express (November 25, 2017) “Jimi Hendrix: Family feud over guitar legend’s £130million estate”