August 27th, 2025. Well it’s time to add to my blog. Seems like the Covid ordeal put a damper on posting. This blog post is about disinheritance actions. I can say very honestly that this subject is one of the most controversial consulting areas in my legal documents practice. When I am hired to draft legal documents in estate planning that limit or completely disinherit a child or grandchild, my heart starts beating faster. I have had to do it a lot over my long career and it never sets well with me. However, the dictate to create terms of disinheritance for offspring does have value in the estate planning arena.

Perhaps, more and more children, grandchildren in the past few decades have gone against the wishes of their parents or grandparents and acted in ways, (including inactions as well) that did not please the estate client who after much deliberation, has come down to dictating this legal move to remind them, after the death, that there was a cost to pay for certain habits, actions, in-actions, harmfully spoken words in anger never recalled, abandonment of visiting, etc.

I hate to see the “hammer” come down this way after a client dies, but they are in charge at the time they draft and they have their reasons to restrict or eliminate certain beneficiaries, normally their own children, who they are unhappy about their lifestyle, habits, that have hurt the estate owner/s. So it is a way to remind after a death, the true cost of their actions. (or inactions) If this is something you are exploring, I have a lot of experience in drafting legal documents (Wills, Trusts) that will help carry out your wishes to disinherit someone. Smart attorneys can contest the provisions and try to prove a “senior” was not at full mental capacity when the disinheritance clauses were drafted. Or try to prove in a formal “contest” court filing they simply forgot them.

Just know, as much as I hate doing these, I have studied for years the best terms to draft so that the decision does not get amended by a Judge in a formal court contest filing. Since 2009, Arizona trust code law is pretty liberal in this area compared to other states (such as my home state of Iowa who will let a Judge disinherit you if you even get mad at a Executor or Trustee), as it takes a formal “contest” court procedure here in Arizona and an extremely clear and egregious situation in order to lose your share of an estate you were named a beneficiary (heir) of.

I close in saying the wording in Wills and Trusts will normally in most states contain language that you are to be treated as if you (and perhaps all of your offspring) are to be treated as if you pre-deceased the descendent. I tell clients that in honest frank language, (without practicing law of course), that this pretty well means you are “dead” to the parent who disinherited you and thus, not able to get any share. Leaving other siblings to redivide the money and assets amongst themselves right in front of your eyes. (legally dead, personally very much alive).

A free 15 minute conference by Zoom or in person can discuss the general legal information pertaining to drafting such a provision in your Will or Trust with me. Call me at 1-800-782-2806 or email me at mdanderson@webfsi.com

I hope and pray this blog post does not apply to you!

M.D. Anderson

THINK!

You better think (think)

Think about what you're trying to do....

Just a quick note to discuss the news this week when it was announced Aretha Franklin's niece filed in probate court to administer her intestate empire of 80 million dollars. Four sons stand to gain and so do a lot more people and entities. The feast will leave a lot less. The United States government will take 40% of the net estate after the lawyers get done feasting on this one most likely for years.

Liquidity may be a problem, as you get only 9 months to come up with the money to pay the IRS the "death tax". Music rights that could payout a huge fortune may be cut short for those sons by low ball offers to the estate in order to come up with the cash to clear it from the big estate death tax. You do get an extension to file, but not to pay what you think you owe.

And it sounds like Aretha tended to ignore billings of attorneys, dentists and the like, so lawsuits that were constant while she was alive and not SOL barred, and new suits, will finally get their money if legitimate. And since she ignored her California lawyer's (Don Wilson) advice to get a trust, the legal bills now will be staggering before it all ends. They say she didn't even leave a Will. Well the state of Michigan (and any other state she has real property in) wrote one for her using their intestate succession laws.

Most of us don't have to worry about the federal death tax that will tax and tear this estate apart and yet, if 1/2 remains when it is all done, each son will still be left standing with about 10 million a piece! Enough to have FREEDOM for a long, long time hopefully. But the sons will become the BLUES BROTHERS as they may have to wait years to be able to slice out their share normally done when the fee and tax feast is over...

We see again, another very popular entertainer who was so busy working she forgot or ignored taking the time to do better estate planning before her death. Read more about it at:

https://www.usatoday.com/story/life/music/2018/08/22/aretha-franklin-estate-fortune/1063513002/

I encourage all who ignore estate planning needs --- it's like teeth. Ignore them and they WILL GO AWAY PRETTY FAST! I respect the unbelievable music and good work Aretha did while alive coming from humble church roots. We have to give her a lot of R E S P E C T for all the good work she did in the world.

But girl, why didn't you stop and THINK ABOUT WHAT THEY'RE GOING TO DO TO YOUR ESTATE?

M. D. Anderson

Arizona Estate Planning, Federal Estate Death TaxMichael AndersonAugust 24, 2018Financial Strategies, Inc.celebrity deaths, Aretha Franklin1 Comment

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THINK!

But girl, why didn't you stop and THINK ABOUT WHAT THEY'RE GOING TO DO TO YOUR ESTATE?

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