How The Supreme Court Gay Marriage Ruling Impacts Estate Planning

gay marriage ruling impacts estate planningAs gay, lesbian, and other proponents of same-sex marriages celebrate the United States Supreme Court’s landmark ruling in Obergefell v. Hodges, millions of Americans will now be eligible for dramatically different legal rights upon the death or disability of a life partner than were previously possible.

In fact, in the field of estate planning — including planning for not only what happens when someone dies but also when someone becomes incapacitated — the landscape in the LGBT community has just changed.  Gay and lesbian couples now have a level playing field, equal to opposite-sex couples.

Supreme Court Ruling On Gay Marriage Means Financial & Estate Planning Changes

The legal implications are far-ranging, from symbolic, to monetary, to life-changing.  In fact, the Supreme Court opinion in Obergefell illustrates this by sharing the stories of three sets of plaintiffs involved in that case.

Gay Marriage Ruling Lead Plaintiff, James Obergefell

The lead plaintiff, James Obergefell, was motivated by nothing more than being legally recognized as the spouse of his partner, John Read more...

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Tom Benson Is Declared Competent, Highlighting Valuable Lessons For Families

As owner of the New Orleans Saints and Pelicans, Tom Benson, is used to being in control. He worked his way up from humble beginnings, starting as a used-car salesman, to owner of multiple car dealerships, banks, real estate, and a television station. Of course, Benson is most well-known for owning the NFL’s Saints franchise, which he purchased in 1985. Since then, he has successfully managed the Saints through the lows of Hurricane Katrina to the highs of winning the Superbowl. In 2012, Tom Benson added the NBA’s Hornets (now named the Pelicans) to his stable of businesses. Forbes estimates his net worth to be just shy of $1.9 billionTom Benson competent case

For a man with that much success and business acumen, there can be no doubt that one of the things he would enjoy least is someone suggesting he’d lost his wits. Especially when that someone is his hand-picked protégée and granddaughter, along with his daughter and grandson. And even more so when he is brought into court through a Read more...

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What’s Driving The B.B. King Estate Feud?

The late Riley B. King — better known as blues legend B.B. King — often said that the only woman in his life was his guitar, Lucille.  But that wasn’t exactly true.  King estimated that he had 15 children by 15 different women.  No wonder one of his biggest hits was called, When Love Comes To Town.

B.B. King EstateB.B. King took responsibility for his children.  According to CNN, he set up a multimillion dollar education fund for his descendants.  King wrote in his memoir that he assumed responsibility every time a woman came to him and said a child was his, without arguing about whether that was true or not.  One of his daughters, Patty King, said in a previous interview with Rolling Stone that B.B. King was a great dad who had “done well” by his children.

That same daughter is now leading the charge against B.B. King’s business manager of 39 years, LaVerne Toney.  Patty King and half-sister Karen Williams lead a panel of five King children, Read more...

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Celebrity Legacies: Aaron Spelling Left Behind Massive Fortune & A Broken Family

What would it be like to grow up in a 123-room mansion in a swanky Los Angeles suburb, rubbing elbows with celebrities, and buying anything you want?  Sounds pretty great — unless it was all taken away from you as an adult.  As Tori Spelling wrote in her autobiography, it’s not easy going from having a silver spoon in your mouth to a plastic one.  Tori Spelling, Aaron Spelling & Candy Spelling

This is installment #14 of our Estate Planning Lessons From The Stars series, which is based on the Celebrity Legacies TV show for which we provide commentary as the estate legal experts. See other articles in the series here.

Aaron Spelling was one of the most successful television producers ever, masterminding such hits such as Charlie’s AnglesBeverly Hills 90210Dynasty, and The Love Boat.  When Spelling died after a severe stroke in 2006, at 83 years old, he left behind a fortune worth an estimated $500 million at the time.  He owned the largest house in all of Los Angeles Read more...

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Casey Kasem’s Daughter Strives For New Guardianship Visitation Laws

Kerri Kasem, the daughter of the late American Top 40 DJ, Casey Kasem, has been on a mission to make sure what happened to her and her siblings does not happen to others. When her father’s health deteri  orated from Parkinson’s disease, it sparked an ugly court battle between his children and his wife, Jean Kasem, which did not end until he died.  By then, Casey Kasem was suffering from serious bed sores, a urinary tract infection, and sepsis.  Casey and Kerri Kasem - New Guardianship Visitation Laws

Kerri Kasem feels that her father’s death could have been prevented if she and her siblings had been able to see him and monitor his care better, but there were not sufficient protections in the law to help.

Until recently, not a single state in the United States offered specific protection to relatives of loved ones who were under court-ordered guardianship or conservatorship to make sure they could remain in contact with their incompetent loved one.  Rather, the person named as guardian or conservator typically controlled visitation and contact, which could Read more...

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Family Members of B.B. King Are Singing The Blues

Blues great B.B. King, who is now 89 years old and suffers from diabetes and other health problems, is the subject of a bitter dispute over management of his care and assets.  The battle pits his longtime business manager, Laverne Toney, against a handful of his 11 surviving children.

King fathered and adopted a total of 15 children, from several different marriages, but four had previously died.  Three recently went to court in Las Vegas trying to combat Toney in what they allege is a case of elder abuse.  B.B. King guardianship

Karen Williams, Rita Washington, and Patty King say that Toney is not providing proper medical care to their father, is restricting his children and friends from visiting, and that there are large amounts of money missing from King’s bank account.  In fact, the family says it cannot account for more than one million dollars.  The three children are seeking the appointment of an independent guardian for their father to begin making his decisions and protect him.

Toney’s legal team called the Read more...

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Sofia Vergara Lawsuit Teaches Lesson For Couples Using IVF

It began with an anonymous court filing pitting “John Doe” against “Jane Doe.”  It didn’t take long for Jane and John to be identified publicly as Modern Family‘s Sofia Vergara and creator of the Onion Crunch, Nick Loeb.  Formerly engaged to be married, the ex-couple now is heading to court battling against each other over what could be a drawn-out debate involving the fundamental question:  When does life begin?  Sofia Vergara Lawsuit

Loeb’s attorney vows that he is committed to the battle, which may become “the first test case for Pro-Parenthood.”  Vergara seeks to defend her honor and wants nothing more to do with her ex.  Her lawyer said Loeb’s claims are “uncredible and hold no merit.”

What’s at stake?  Control over two female frozen embryos, held in a Beverly Hills fertility center.  When Sofia Vergara and Nick Loeb were engaged, they decided to use in vitro fertilization and a gestational surrogate to have a baby.  Their first efforts failed when two prior embryos did not successfully implant in the Read more...

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Celebrity Legacies: Blurred Lines Surround Marvin Gaye Estate

Marvin Gaye Estate wins against Robin Thicke and Pharrell

Robin Thicke and Marvin Gaye

There’s nothing like a hit song to keep heirs dancing down the road to the bank — even when that song wasn’t written, composed, or sung by the celebrity singer who died.

The heirs of Marvin Gaye hit it big with a judgment against Robin Thicke and Pharrell Williams for copyright infringement based on their chart-topping song Blurred Lines … but will the victory stand up on appeal?  And what exactly does this mean for the Marvin Gaye Estate?

This is installment #13 of our Estate Planning Lessons From The Stars series, which is based on the Celebrity Legacies TV show for which we provide commentary as the estate legal experts. See other articles in the series here.

The Court Gets Involved With Marvin Gaye’s Estate

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Marvin Gaye’s life ended in tragedy. Then the courts got involved.

Posted by ReelzChannel on Wednesday, April 1, 2015

Marvin Gaye was shot and killed by his own father in 1984, at only 44 years of age.  Read more...

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“Was He A Hero?” And Other Questions Surround Chris Kyle’s Estate – The American Sniper

Chris Kyle - American Sniper

Pictured: (l-r) Chris Kyle, Dean Cain — (Photo by: Trae Patton/NBC/NBCU Photo Bank via Getty Images)

As the movie, American Sniper, enjoys box office success, questions and controversies surround the estate of Chris Kyle.  One of his biggest critics is Jesse Ventura, the always-outspoken former professional wrestler and potential presidential candidate. Ventura recently explained in an interview with Howard Stern on SiriusXM that “Chris Kyle is not a hero. A hero must have an honor, and a liar has no honor.” Ventura feels that Kyle had a talent for shooting straight, but was merely doing his job and does not deserve hero status.

Jesse Ventura Wins Lawsuit Vs Chris Kyle – The American Sniper

Jesse Ventura has not been the only one to question the hero label placed on Chris Kyle. Bill Maher, Seth Rogan, Michael Moore and others have also made comments questioning the glorification of Chris Kyle in the movie, while Howard Stern, Sarah Palin, Rupert Murdoch and others have defended his hero status. Ventura, however, has Read more...

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Could Feud Over Saints Owner Tom Benson Happen In Your Family?

Yes, Tom Benson has a great deal more money and power than most of us.  How much?  Try $1.9 billion, according to the annual Forbes rankings.  Indeed, there are only 350 richer people in the whole country.  The successful owner of the NFL’s New Orleans Saints and NBA’s New Orleans Pelicans, Benson built a wide-ranging empire of car dealerships, banks, various real estate holdings, and a television station.  He still actively participates in running his businesses — most of all his beloved Saints.  Tom Benson Saints

But for all of his wealth, prestige, and status, Tom Benson is in the midst of the same type of probate-related court battle that entangles many elderly individuals in our country.  Some of Benson’s heirs do not believe the 87-year-old is mentally competent to make his own decisions any more.  They are seeking to have him declared legally incompetent and protect him from what they claim is undue influence.

This court battle is rapidly turning ugly and is splitting the family in half. The offense is led Read more...

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