Jeffrey Epstein: Heinous Life, Estate Planning Lessons From His Death

This is not the forum to discuss the lurid details of the Jeffrey Epstein case. Others are doing a thorough job of that. However, there is one aspect of the saga with direct relevance to our readers: how trusts can be a boon to those who value their privacy.

You know the basic facts from the headlines: Epstein signed a will and a trust on August 2, just two days before he reportedly committed suicide in his Manhattan jail cell. The will was filed in the U.S. Virgin Islands, where Epstein had an estate. The will designates his trust - called the 1953 Trust in recognition of his birth year - as the recipient of all his assets. 

Other than that, we don't know much. And that appears to be the goal of the plan.

A will is public record. A trust is not, which means it has a higher level of protection from public scrutiny. Think about it: Despite the public furor and fascination with this story, despite reporters poking around in all corners of Epstein's life and death, we still don't know what his trust says. We don't know if all, some, or none of his assets, estimated at around $577 million, were transferred into the trust by the time of his death. We don't know who the trustees are. We don't know who the beneficiaries are. What we DO know is that the existence of the trust, a private document, will likely make it more difficult for his accusers to discover where Epstein's assets are and to collect on their civil cases. It could take years for the cases to work their way through the courts.

The average person's life and fortune are nothing like Epstein's was.  Still, there are a variety of legitimate reasons many of us value our privacy as much as Epstein valued his. Perhaps you just do not want anyone poking around in your family's affairs, learning who got what. Maybe you are cutting out an heir and don't want to make it too easy for that person to track down your dispositions. Maybe you don't want to leave a trail of legal breadcrumbs that could lead scam artists - never ones to let a little thing like death stand in the way of a good scheme - to target your beneficiaries. 

Epstein's life was nothing to admire, but in death he has provided us with a valuable estate planning lesson: If you are concerned about privacy, a living trust may be a good strategy for you. Talk it over with your estate planning lawyer. 

You can read Epstein's will here.

Turmoil in Aretha Franklin Estate: She Did Have A Will, After All - Three of Them

Our prior post of August 2018 is titled, Aretha Franklin, Queen of Soul, Dies Intestate. Now it turns out that the "intestate" part may not be true. Three handwritten wills were found in Franklin's suburban Detroit home recently. This development may well complicate matters, not clarify them.

The wills were discovered by the estate executor, Sabina Owens. Two were found in a locked cabinet. One dated March 2010 is 11 pages long. In it Franklin mentions the mass on her pancreas (she ultimately died of pancreatic cancer). The second will is dated June 2010. The third will, found scribbled in a spiral notebook and hidden under a couch cushion in the living room, is the most recent, dated March 2014. It is four pages long and particularly difficult to decipher, with multiple crossouts, additions, and notes in the margins. The provisions in the three wills have some similarities as well as differences.


Michigan recognizes handwritten (holographic) wills. The three documents have been turned over to the court, which will determine if any of the wills is valid and can be admitted to probate. According to Franklin's longtime entertainment attorney, David Wilson, all the wills appear to be in his client's handwriting. But that alone is not sufficient to prove a will's authenticity and validity; it must meet additional legal requirements. A hearing on the matter is set for June 12.


If none of the wills is deemed valid, Franklin’s estate will remain as it was - intestate - and her assets will be divided equally among her four sons. Some sons will be winners and other losers, depending on how this all plays out. The situation is likely to fuel the family division that is simmering. Six days after discovering the wills, Owens provided copies to Franklin’s children. Already, two sons have challenged their validity. One son, Kecalf, has said that because the 2014 will names him executor, he should replace Owens. He also objects to the sale of a piece of land that that document leaves to him.

 
Although all the wills specify that the sons are to share equally in their mother's music royalties and the proceeds from her memorabilia, she gives special attention to Clarence, her eldest son with special needs. She prohibits his father, who did not participate in his upbringing, from handling money or property for him. She also leaves one of her residences to each of her three other sons: her main residence in Bloomfield Hills goes to Kecalf; another home in that town to Edward; and her Detroit home to Teddy. 


At the time of her passing, Franklin’s estate was estimated to be about $80 million, but that is just a rough figure. In December 2018 the IRS filed a claim against the estate for $6 million in back taxes, and over $1 million in penalties. The agency continues to audit past years' returns. Also, Franklin had a stake in a yet-to-be-released film about her life; advance ticket sales have already generated over $3 million.

 
You may wonder why Franklin, with more than enough money to get expert legal help, would handle her final affairs in this manner. It is possible the answer can be found in her well-known passion for guarding her privacy. Ironically, her lack of sound planning has led to the very opposite outcome she would have wanted, with her finances and family circumstances open to public scrutiny.

Attorney David Wilson has stated that he often advised his client to create a will, and also a trust in order to keep her financial and family situation private. He says he had no idea she was writing  do-it-yourself, multiple wills. “If she had mentioned that to me,” he notes, “I would have said, ‘Aretha, what you really need to do is go see a lawyer and make sure it’s done in accordance with the law." Sounds like good advice for everyone.

Rocker Tom Petty's Estate Plan Is Free-Fallin'

It is always wise to seek experienced legal guidance when you are setting up your estate plan. Wording you may think is obvious may not be as clear to others as it is to you. Any ambiguity in your plan can create chaos for family members. For the family of late musician/songwriter Tom Petty, an ambiguous phrase has created a legal quagmire that can be described by the title of one of his hits: it's Free-Fallin'.


A Rock n' Roll Hall of Fame inductee, Petty died from an accidental drug overdose in 2017. He left behind a wife, Dana, and two daughters from his prior marriage, Adria and Kim. He also left behind a music catalog worth millions. In his trust, Petty instructs Dana to create a limited liability corporation to hold his musical properties. However, the wording is unclear as to how and to what extent he wished his wife and daughters to manage it. The trust states:  


"With respect to the creation of the Artistic Property Entity, the Trustee is directed to create the governing documents of the Artistic Property Entity such that those of the Spouse, ADRIA and KIM who are living at the time of creation of the Artistic Property Entity shall be entitled to participate equally in the management of the Artistic Property Entity, even though their respective economic interests in the Artistic Property Entity are not equal."


At issue is the phrase, "participate equally in the management..." Precisely what does it mean? Petty's widow and children are interpreting it differently, to their own respective advantage. For Adria and Kim, equal participation means they get 2 of the 3 LLC's management votes, thus giving them control over the LLC and the ability to outvote their stepmother. In a lawsuit they allege that their stepmother is resisting their rightful attempts to manage the posthumous release of their father's work. According to an article in Billboard, the sisters want to be actively involved in "marketing, promotional and artistic considerations." Their lawsuit claims that their stepmother has failed to transfer their father's musical property into the LLC, and demands that she do so immediately. 


Petty's widow does not see it that way. She has filed her own lawsuit. She alleges that a more accurate reading of the trust suggests that her late husband wanted her and his daughters to make decisions unanimously. Obviously that interpretation is favorable to Dana, because it would prevent her decisions from being overruled by her stepdaughters. In her lawsuit she states that her stepdaughters, particularly Kim, have "demonstrated their resentment over their father's love of Petitioner and her role in his life." Dana has requested that a manager be appointed to oversee "significant decisions" on the estate, and notes that Adria's erratic behavior, which includes sending threatening emails to the members of Petty's band and blocking the release of recordings, has jeopardized her business dealings.


A hearing has been set for both motions on June 11. The ruling could mark the end of this dispute, but that is unlikely. The situation is a volatile mix involving a vitally important but ambiguous phrase in Petty's estate plan; a stepmother; children from a prior marriage; and lots of money. Chances are the parties won't be playing in harmony anytime soon.

Parents Should Designate Guardian For Minor Children

Despite the fact that we are “Elder Law Attorneys,” we are also traditional estate planners helping adults of all ages make plans for the future. Naturally, our clients include parents of young children who want to make sure their children are well cared for if anything happens to them, whether through death or incapacity. If you have youngsters, do not procrastinate when it comes to creating these important plans. 

Here are the basic components that should be included in your plan:

Designate a Guardian 

Designating a guardian for your minor child is essential. This protects your child and will relieve you of worrying about all the "what ifs" should something happen to you. Designating a guardian can even benefit your extended family: Numerous legal battles have ensued when grandparents from different sides of the family or other family members vie for custody of an orphaned youngster.

There is only one way to name a guardian for your minor child: through a Last Will and Testament. When the Will is admitted to probate, the court will customarily honor the parents’ wishes, unless the designated guardian is found to be grossly unfit.

Issues to Consider In Selecting a Guardian 

What should you consider when selecting a guardian? It may be an easy choice if your sister lives around the corner from you, has a child your child's age, adores your child, and everyone gets on famously. But the choice is often not so simple. Here are a few of the issues to consider when deciding on a guardian for your child: 

• Grandparents often come to mind as the first choice. But take into consideration their temperament, their health, their age. Are they young enough to properly care for active toddlers? Will they be too advanced in age when your child is a teen? And if there are two sets of grandparents, which one is most likely the best choice?

• What are the prospective guardian’s moral values, religious values, lifestyle? Are they in line with yours? Is he/she going to point your child on the path you have in mind?  

• Does the person have a job that keeps them away from home much of the time?

• Does the prospective guardian have children of his/her own? Will that be a plus or a negative? Have you observed how the person is raising his/her own children? 

• Where does the person reside? If you pass away when your child is an infant, it won’t matter much where the guardian resides. But older children tend to do better if they can remain in their community, attend the same school, and maintain existing friendships.  

• Don't lock yourself into considering only married couples. A single individual who loves your children and has the capacity to care for your them may be the best choice. If you are considering a married couple, does their marriage appear stable? If the couple splits up, who will get your child?  

• Have you talked to the prospective guardian to make sure the person is willing to serve? However remote the possibility that the person will ever have to step up to the plate, this is not a responsibility to be taken lightly. 

• Even if you are divorced, you will want to designate a guardian in the event that your ex-spouse can’t or won’t serve. You should also appoint a back-up guardian, in case your first choice cannot serve.

Designate a Guardian of the Child’s Property 

In addition to designating a personal guardian for your child, you will also need to name a Guardian of The Child’s Property. This is the person(s)  who will manage your child’s money. The child’s personal guardian could serve in this capacity, but you may prefer to assign the jobs to different individuals.

Also, consider setting up a trust for your child. You can include a provision directing your chosen trustee to release the moneys in a staggered fashion. Without a trust, your child will receive whatever you leave him as a lump sum when he/she attains the age of 18. At that age, your child may not be sufficiently mature to handle a large sum of money.   

Create a Designation of Health Care Surrogate 

You should execute a Designation of Health Care Surrogate For a Minor Child, particularly if you tend to be away for extended periods on business or vacation, or if you entrust your child to someone else for extended periods. This allows you to designate one or more persons to make your child’s health care decisions if you cannot be contacted. 

Burt Reynolds Kept His Estate Planning Private With a Trust

Actor Burt Reynolds was raised in Riviera Beach, Florida, the son of a police chief. After an injury sidelined him from playing football at Florida State, he pursued acting. His career took off in the 1970s and he went on to star in over 200 movies, winning an Oscar for "Boogie Nights."

When Cosmopolitan editor Helen Gurley Brown asked the charismatic hunk to pose nude for the magazine's centerfold, he agreed immediately. For that iconic 1972 photo, he put it all out there - well, almost - lounging on a bearskin rug. 

But privacy was important to the actor, at least as far as his estate plan goes. His died on September 6 following cardiac arrest at his Jupiter home. His will, signed in 2011, was filed in Florida probate court. It indicates all the actor's assets are in a trust for the benefit of his son Quinton, age 30. Unlike a will, a trust is a private document, which is among the many reasons for its popularity as an estate planning tool. The will states: "I intentionally omit him from this, my Last Will and Testament, as I have provided for him during my lifetime in my Declaration of Trust." 

The 82-year-old actor's net worth is rumored to be around $5 million, which doesn't sound like a great deal for someone whose celebrity spanned so many decades. Reynolds had a very public history of money woes. His investment in a restaurant chain put him millions of dollars in debt. At one point he bought a private helicopter and jet and had two pilots on standby at all times. He declared bankruptcy at least once. In a 2015 Vanity Fair interview, he said:  I've done well in terms of owning property and things like that. But I haven't been somebody who's been smart about his money."

Since the current federal estate tax exemption is $11.2 million, it is unlikely his estate will be affected by estate taxes. Florida has no estate tax.

Reynolds' will names his niece, Nancy Lee Brown, as personal representative, and his great nephew Brian Ritchey Brown and great niece Tracy Erin Rogers as back-ups.

Aretha Franklin, Queen of Soul, Dies Intestate

Singer Aretha Franklin passed away on August 16, 2018. The 76-year-old "Queen of Soul" died at her Detroit home of pancreatic cancer, surrounded by family.

Winner of 18 Grammy awards and known for iconic songs like "Respect," Franklin was intensely private about her life and her finances. A 2016 New Yorker profile revealed that she asked for payment for a performance in cash, and would keep the money she received in a handbag onstage during her performance.

It looks like the era of privacy is over for Franklin and her family, because she died intestate (without a will). This past week, her sons Edward Franklin, Kecalf Cunningham and Ted White, and the guardian of her oldest son Clarence Franklin, filed papers in a Michigan Probate court indicating that their mother did not leave a will or trust. Her estate will be probated, and the details open to public inspection. 

The attorney who represented Franklin in her entertainment dealings, Don Wilson, has said that he repeatedly encouraged his client to create an estate plan, with no luck. "I was after her for a number of years to do a trust," he said. "It would have expedited things and kept them out of probate, and kept things private." Like many Americans, Franklin resisted dealing with the issue - even though she had plenty of time to do so after the diagnosis of pancreatic cancer that would ultimately take her life.

In addition to opening up the family's finances to public view, Franklin's failure to plan opens the door to several other potential issues for the family: 

Estate taxes: Without tax planning, Uncle Sam likely gets a bigger bite of federal estate taxes than it would if she engaged in appropriate tax planning. This will leave less for her family. The current estate tax exemption for an individual is $11.2 million; the difference between that and the $80 million currently in her estate could be taxed up to 40%. 

Distribution of the estate: Michigan intestacy law will govern how Franklin's estate is divided. She was not married at the time of her death, so the estate will be divided equally among her four sons. This seems equitable on the surface, but may actually be a negative for her oldest son, Clarence, who has special needs and may require more money than his brothers. 

Royalties may complicate the estate: Franklin had rights to an extensive song catalog, so that $80 million is probably the tip of the iceberg. Managing the estate could get more complicated as time goes on.

Fortunately, it looks like Franklin's four sons get along well, so that's a good omen for the future. Of course, time will tell.

Please see a competent estate planning attorney to create your own estate plan, so that your family does not need to deal with unnecessary complications and loose ends when you are gone!

Anthony Bourdain not yet divorced when he died, potentially complicating estate plan

Anthony Bourdain's estranged wife, Ottavia Busia, filed his will in New York Surrogate Court in July. The celebrity chef committed suicide in June, while on a film shoot in France. He was 61.

Busia and Bourdain married in 2007 and had a daughter, Ariane. According to Bourdain, their relationship was always amicable, but they effectively led separate lives. They officially separated in 2016 and were in the process of divorcing when Bourdain died - and therein is a potential problem for Bourdain's estate. Because Busia was still officially his spouse, she may be entitled to more than he left her under his will. Litigation is a possibility.

Busia is the executor of his will. Bourdain appears to have had about $1.2 million in assets at the time of his death. This includes $425,000 in cash and savings, $500,000 in intangibles such as royalties and residuals from his books and television show, $35,000 in brokerage accounts, and $250,000 in personal property. 

Bourdain left the bulk of his assets to his daughter. The will also calls for the creation of a trust for her benefit. She is to receive a distribution at age 25, another distribution at 30, and the rest of the money will be released to her age 35. Distributing the money through the trust prevents Ariane from receiving her  inheritance in full at age 18, when she may not yet be mature enough to properly handle finances.

Harper Lee's Estate Plan Built For Privacy

If you are someone who values privacy – in life and in death – take a page from Harper Lee. The author of the Pulitzer Prize-winning novel “To Kill a Mockingbird,” Lee was a ferociously private individual. And she designed her estate plan to keep things that way. 

In college, Lee was known as a loner. In later life, she used her wealth to donate to philanthropic causes, and tried to keep her donations anonymous. She shunned publicity. Although she accepted the Presidential Medal of Freedom in 2006, she seldom showed up to personally accept other awards. In a rare 2011 interview  Lee said she'd stopped writing because "I wouldn't go through the pressure and publicity I went through with To Kill a Mockingbird for any kind of money."

Lee died in her sleep in February 2011 at the age of 89.  She had signed a will just six days before her death. That will, filed in an Alabama court, was sealed at the request of Lee’s personal representative, Tonja Carter. However, The New York Times successfully petitioned to unseal the document, arguing it is a matter of public record. The court agreed, and this week it was unsealed. The newspaper reported its findings in a February 28, 2018 article.

Her will was a pourover will. This is the kind of will we establish for our clients who establish trusts. The will simply directs Lee's probatable assets to be transferred into a trust she had established earlier in 2011. And the trust, of course, is a private document. Consequently, we still don’t know who will get her assets, nor the exact extent of them. Lee never married or had children. She has one niece and three nephews, but we do not know what, if anything, her trust leaves to them. Nor do we know what institutions might get possession of her letters and other items.

What we do know is that her estate is worth millions. “To Kill a Mockingbird” sells more than a million copies a year and generates $3 million in annual sales. The royalties and copyrights are valuable. Later this year, a “Mockingbird” graphic novel will be released. And a play based on the novel is scheduled to open on Broadway in 2018. We also know Lee spent little of her millions. The New York Times article notes that prior to moving to an assisted living facility, Lee was often seen in her hometown, Monroeville, Alabama, shopping at the dollar store, washing clothes at the laundromat, and ordering  $6 catfish plates at David’s Catfish House. So her estate plan accomplished just what she accomplished in life: it protected her privacy. 

Contact our law firm if you wish to discuss your own estate plan!  

When the trustee and beneficiaries are siblings, everyone needs to know the ground rules to stay on good terms!

Consider this scenario: A parent passes away and one of the decedent's children, a beneficiary of the trust, takes over because he was named trustee of the parent's trust. His siblings are also beneficiaries. Since no one in the family is familiar with the legal and financial technicalities of trust administration, this is uncharted territory for everyone. And buried in that new territory? Land mines that can imperil the bonds between siblings, even those who have gotten along well until now.

Beneficiaries may begin to wonder just what the trustee is doing, what to expect, and of course, when they'll see their money. And because the trustee is "just" a sister or brother, beneficiaries may be inclined to inquire excessively or make outsize demands. On the other side, the trustee/beneficiary may be caught up in the nuts and bolts of handling the trust, and consider his siblings' requests as intrusive or an insinuation that he is not trustworthy. Resentment can build on both sides. In the worst-case scenario, one or more beneficiaries may even resort to a lawsuit in order to have the trustee removed. Most families never recover from this kind of rift. I have seen it happen.

Fortunately, an incendiary situation like this can usually be avoided if all family members understand, in advance, the legal rights and obligations of beneficiaries and trustees. It can help a great deal when the trustee retains an attorney experienced with trust administration. But even if the trustee feels he can handle it and goes it alone, families that want to remain on good terms are well-advised to become familiar with the fundamental ground rules of trust administration.

What are the ground rules?    

• First, the trustee is legally obligated to keep beneficiaries informed. Timely and effective communication goes a long way to neutralizing doubts and misunderstandings. Good communication begins with the trustee alerting beneficiaries that trust administration has commenced. The trustee must also provide all beneficiaries with a copy of the trust and any amendments, as well as a complete list of trust assets. I strongly recommend that all beneficiaries carefully read each of these items. 

• Beneficiaries are entitled to a full accounting of the trust's transactions on an annual basis, although a trustee may do so more often if he/she wishes. The annual accounting must show all trust transactions: expenses of the trust, and all income and growth of trust assets. Note that a federal tax return is not a substitute for the annual accounting, since the return does not provide all the information to which beneficiaries are entitled.  

• The trustee must never co-mingle trust assets with his own assets. Even if a trustee has no intent to defraud, it gives the appearance of impropriety. A trustee can be no less vigilant about this just because the decedent was a parent and co-beneficiaries are siblings. Trust assets require their own checking accounts, brokerage accounts, even their own safety deposit boxes. Keep a clean paper trail. 

• Beneficiaries should respect the fact that the trustee is legally bound to carry out the terms and provisions of the trust, which are the wishes of the deceased parent. The trustee cannot and should not make exceptions simply because his co-beneficiaries are siblings. If you are a beneficiary with financial problems asking your trustee sibling for a loan from trust funds, expect to be refused (unless the terms of the trust provide for it). Chances are you have put your trustee sibling in a very uncomfortable position. In refusing, your sibling has made the right decision. Don't resent a sibling trustee for honoring his/her legal obligations.
  

• A trustee must not sell assets to the trust or buy assets from the trust. Conflicts of interest must be avoided. For example, we had a case recently where a beneficiary complained that her sister, the trustee of their late father's estate, had sold the father's car to her own daughter for less than fair market value. (This conceivably could be done, but only if all the beneficiaries agreed to it, in advance.) 

• A trustee must never "borrow" funds from the trust for his/her own use, even with the intention of paying back the money. A trustee who is a beneficiary may not favor himself/herself over the other beneficiaries.

• Beneficiaries must realize that the trustee can, at his/her own discretion, use trust funds to hire professionals to help with administering the trust. Professionals may include bookkeepers, accountants, attorneys, etc. Depending on the provisions of the trust, the trustee may be entitled to reasonable compensation. Most family members serve gratis, but there can be exceptions.

The above are by no means all of a trustee's duties, but just an overview of the most important ones related to trustee-beneficiary communications. Again, I urge all beneficiaries, not just the trustee, to read and understand the trust instrument. Knowing everyone's rights and obligations will help preserve family harmony.  Also, while trust administration does not require the services of an attorney as probate does, it is often prudent for the trustee to use the services of a trust administration lawyer. This lets the beneficiaries know that the trustee is getting solid legal advice, and diminishes the chances of a sibling  accusing the trustee of being unfair, arbitrary, etc.

This Prince was no pauper

Update 5/2/2016: The Carver County, Minnesota District Court today appointed Bremer Trust as Special Administrator of Prince's estate. 

I never really listened to Prince's music - it's not really my era. But the superstar's untimely death sure has us estate planning lawyers paying attention. With all the usual combustible elements in place - celebrity, money, and a somewhat unconventional family situation - there's fierce speculation as to just what was in Prince's estate plan. Or even if he had one. 

At this writing, no one knows for sure if he did. Prince's one full sibling, Tyka Nelson, has requested that the court appoint an administrator to handle the estate, indicating she has no knowledge that a will exists. But others who knew Prince doubt he would have neglected making one, given how detail-oriented he was in other areas of his life. He was also reported to be a highly private person - as much as a superstar can be, anyway. If that's the case, then he probably would have created a trust rather than a will, in order to keep his dispositions private. A will or trust may yet turn up. 

Current estimates put Prince's estate at $300 million, but that does not count its post-mortem value. As-yet-unreleased music, future royalties and the like mean that his estate, like the estates of Elvis and Michael Jackson, may be worth more than the artist was when he was alive. 

If Prince did in fact die intestate, there obviously would have been no tax planning. That would allow Uncle Sam to take 40% of the value of his estate in excess of $5.45 million. The State of Minnesota would grab its own 16% tax. 

Prince was not married at the time of his death. Nor did he have children. In addition to his sister, he has several half-siblings. Some of his original siblings and half-siblings have died, who themselves had children.  (I do not know the law in Minnesota, but in many states, a step-sibling is entitled to half of what a full sibling would receive.) 

With all these circumstances in play, you can bet we'll be hearing more about Prince's estate over the next weeks, months, and yes, even years.

Thieves can steal from you (and you don't even have to be alive)

If there's a way to make a dishonest buck, you can be sure someone, somewhere will find it and exploit it. And because scammers always zero in on the most vulnerable people, families dealing with the death of a loved one - and even the dearly departed themselves - are prime targets.

Scams can take many forms. Theft of decedents' identities is rampant; according to the fraud prevention company ID Analytics, more than two million decedents' identities are stolen annually. Credit cards accounts are opened and fraudulent tax returns are filed in this manner.

As to scams targeting bereaved families, here's a partial list:

• Posing as a creditor of the deceased and demanding payment from surviving family members. (Unless you are on the deceased's account or have co-signed, you are not responsible for a decedent's debts.)  

• Having an empty package delivered to a surviving family member's home and demanding payment for it, under the pretense that the deceased ordered it.

• Contacting a family member and posing as a relative of the deceased, then asking for money to cover transportation to the funeral.  

• Burglarizing the home when occupants are at a funeral.

How do scammers get access to the information they need to pull off their mischief? Obituaries are a prime source. Therefore, as much as you are tempted to sing the praises of your late loved one, it's prudent to keep obituaries to the point and omit unnecessary details. Don't publish home addresses or the decedent's mother's maiden name. You can mention the age of your late loved one, but leave out date of birth.

Here are some additional preventive steps family members can take as soon as they are up to it after a loved one's death:

• Notify the Social Security Administration.

• Notify banks, charge accounts, insurers, brokerages, mortgage companies and other financial institutions.

• Carefully review all bills that may arrive for the decedent, and demand verification if contacted by a decedent's creditor.

• Contact the three major credit reporting agencies: Equifax (800-525-6285), Experian (888-397-3742) and Transunion (800-680-7289). Ask that they flag the file as "deceased - do not issue credit."   

• Remove the decedent's name from joint accounts.

• Notify the Division of Motor Vehicles.

The above are steps you can take to prevent identity theft and other scams after someone dies. What about before? If you are establishing an estate plan and are concerned about privacy, you may want to consider establishing a trust instead of a will. A will becomes public record once filed and thus, can be mined by would-be thieves for information about the decedent, beneficiaries, distributions, etc. A trust, on the other hand, is a private document and thus affords your family greater privacy. You can read more about wills and trusts at my website.

For more information on decedent identity theft from the Identity Theft Resource Center, click here.

What happens to Whitney Houston's millions now?

Bobbi Kristina Brown, daughter of the late singer Whitney Houston, has just passed away at the too-tender age of 22, following six months of medical limbo. Now, it's her estate, and her mother's estate, that may be in limbo. 

Houston's only child, Brown was set to inherit her mother's millions by the age of 30, in installments, and had already received one installment at age 21. As I noted in my February post, a pivotal question now is, was Brown married at the time of her death? On social media she referred to her longtime boyfriend Nick Gordon as her husband, but to date there has been no proof that they were legally married. The State of Georgia, where she resided, does not recognize common law marriage. 

If they were married, Gordon inherits Bobbi's estate. If not, her father, Bobby Brown, will get it. That assumes that Bobbi died without a will, which appears to be the case.

Further complicating things: authorities are investigating how Brown came to be found, unconscious, in her bathtub in January. Various family members have speculated about Gordon's possible involvement. If he is criminally charged, that will obviously be a game-changer. He is also being charged with physically abusing Kristina and stealing money from her in a civil suit filed by her guardian.  

As to the her mother's millions that remain in trust for Brown, Houston's estate plan calls for that to be distributed to Houston's two brothers and mother.

This family tragedy could well morph into a legal morass that keeps a lot of lawyers busy for a long time. Very sad.

Robin Williams' family tangles over his estate

Millions of dollars. Many marriages. Several children from those marriages. Mix in a dash of estate plan ambiguity, stir well and voila: The perfect recipe for an estate battle. It occurs in middle class families after the death of a loved one. But when it happens in the family of the rich and famous, headlines ensue. And that is just what is happening now in the family of the late Robin Williams.

The comedic genius and award-winning actor died by his own hand in August 2014. Family members are now butting heads over his assets, and in the process making public the details of his trust that otherwise would have remained private.

Williams is survived by three children from two prior marriages, and his third wife, Susan Schneider Williams, whom he married in 2011. She reportedly signed a prenuptial, but its provisions are unknown. Williams' will refers to a trust he set up that gives his three children the bulk of his estate, including most of his personal effects and memorabilia from his long entertainment career. Those items include bicycles, fossils, jewelry, photos, sports memorabilia, graphic novels, action figures, statuettes for his Oscar, Golden Globe and Emmy wins, and his famous "Mork and Mindy" suspenders. The trust also calls for his widow to continue to reside in the Tiburon, California home they shared. The actor owned a second, larger home in Napa, California, which is to go to the children. 

In December Schneider-Williams petitioned the court, asking for clarification on just what personal effects and memorabilia she was entitled to. She alleges that the trustee for the children's trust entered her Tiburon home just days after Williams' death and removed many items that were not intended for the children. She contends that since Williams wanted her to continue residing in the home, its contents should pass to her. Only items related to Williams' career in entertainment, and those located in the Napa home, should go to the children, she argues.

The children fired back in January. They claim that Schneider-Williams is acting against their father's wishes "by challenging the plans he so carefully made for his estate,” and attempting to "prevent them from receiving what their father wanted them to receive." The children contend that their father placed no geographical restrictions on the personal items he wanted to pass to them.

The two sides also differ on how to identify the items that are specifically related to Williams' career. While the suspenders that were part of his "Mork and Mindy" costume are indisputably related to his career, what about his collection of action figures and other toys? Did those items spark his imagination and contribute to his success as a performer - and might it be reasonably argued that they are related to his career? 

We do not know how the conflict will be resolved, or when. My guess is that we will hear much more about it in the months, and possibly even the years to come. The conflict serves as a valuable reminder that your estate planning documents must express your intentions with unassailable precision. Ambiguity may be tolerable when you can clarify yourself, but it has no place in your estate plan, which must speak for you when you are gone. Any provision that is open to interpretation might just be the match that ignites a family feud.