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	<title>Designated Daughter &#187; press-release</title>
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		<title>Leona Helmsley charity battle rages on</title>
		<link>http://www.designateddaughter.com/2009/11/leona-helmsley-charity-battle-rages-on/</link>
		<comments>http://www.designateddaughter.com/2009/11/leona-helmsley-charity-battle-rages-on/#comments</comments>
		<pubDate>Tue, 10 Nov 2009 17:17:17 +0000</pubDate>
		<dc:creator>Andy Mayoras</dc:creator>
				<category><![CDATA[Aging Parents]]></category>
		<category><![CDATA[Caregiving]]></category>
		<category><![CDATA[designated daughter]]></category>
		<category><![CDATA[animals]]></category>
		<category><![CDATA[estate planning]]></category>
		<category><![CDATA[famous-fortune]]></category>
		<category><![CDATA[fight]]></category>
		<category><![CDATA[helmsley]]></category>
		<category><![CDATA[leona]]></category>
		<category><![CDATA[leona-helmsley]]></category>
		<category><![CDATA[money]]></category>
		<category><![CDATA[press-release]]></category>
		<category><![CDATA[the-trustees]]></category>
		<category><![CDATA[trust]]></category>
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		<description><![CDATA[ As I described in this article from February 2009 , the trustees of the Leona Helmsley charitable trust asked the probate court in New York for permission to donate primarily to charities that helped people rather than dogs, despite some language in the trust that suggested she wanted her billions to benefits animal charities.  Specifically, the trust had a Mission Statement that included, as its first purpose &#8220;the provision of the care for dogs&#8221;.  But it also gave the trustees discretion to benefit charities as they saw fit.  This is a very important decisions for many charities (not to mention the people or animals they help) because we&#8217;re talking about several billion dollars.  This August, several different animal charities, including the Humane Society and American Society for Prevention of Cruelty to Animals, launched a legal challenge to the judge&#8217;s ruling to force the trustees to support animal charities.  Reportedly, the trustees so far have donated very little to help dogs. There was a big question whether these charities even had proper &#8220;standing&#8221; to bring this action (meaning whether or not they had the legal ability to challenge the judge&#8217;s ruling even though they were not named beneficiaries).  So far, their challenge has been allowed to proceed. In fact, a couple weeks ago, another animal charity &#8212; D.E.L.T.A. Rescue &#8212; filed legal papers in court asking to join in the fight.  They issued a press release saying that Helmsley&#8217;s true wishes were to benefit dog charities and they complain the trustees are giving far too little to help dogs.  They object that the trustees gave $136 million to help humans with only $100,000 helping an animal welfare mission. The trustees of the Helmsley Charitable Trust have publicly responded to the allegations through their website, which you can read here .  They feel that Leona Helmsley&#8217;s wishes were clear, and she really did want to primarily help people, not animals.  They even point out that in the eight years between forming the charitable foundation and her death, Helmsley gave some $55 million to charities, but only one thousand dollars to an animal charity. But this isn&#8217;t the only fight caused by Helmsley&#8217;s love of dogs.  She left a $12 million trust fund for her dog, a Maltese named Trouble, while two of her four grandchildren got nothing.  Those two filed a legal challenge to her trust, while the court was asked to slash Trouble&#8217;s inheritance.  What happened?  And how can this story (and others) help those of us who don&#8217;t have billions?  The new book, Trial &#038; Heirs:  Famous Fortune Fights!, has the stories and the information to benefit all families protect themselves from court fights . . . and help people know what to do when they&#8217;re in a fight.  A free preview is available here.  Regardless of what happens with this fight about Leona Helmsely&#8217;s wishes, the moral here for the rest of us is that instructions in a will or trust need to be very clear so there isn&#8217;t confusion and fighting later.  Did Leona want her trustees to donate more of her money to help dogs?  Or did she really want them to decide for themselves?  She could have been more specific in her trust and avoided this fight.  The same rule applies to everyone planning how to pass their assets onto loved ones when they die.    Posted by:  Author and probate attorney Andrew W. Mayoras, co-author of Trial &#038; Heirs:  Famous Fortune Fights!  and co-founder and shareholder of  The Center for Probate Litigation and  The Center for Elder Law   in metro-Detroit, Michigan, which concentrate in probate litigation, estate planning, and elder law.  You can email him at blog @ trialandheirs.com. ]]></description>
			<content:encoded><![CDATA[<div class="tweetmeme_button" style="float: right; margin-left: 10px;"><a href="http://api.tweetmeme.com/share?url=http%3A%2F%2Fwww.designateddaughter.com%2F2009%2F11%2Fleona-helmsley-charity-battle-rages-on%2F"><img src="http://api.tweetmeme.com/imagebutton.gif?url=http%3A%2F%2Fwww.designateddaughter.com%2F2009%2F11%2Fleona-helmsley-charity-battle-rages-on%2F" height="61" width="51" /></a></div><p><img class="alignleft" style="border: 0px initial initial;" title="Leona_Helmsley_Trial_and_Heirs" src="http://www.trialandheirs.com/wp-content/plugins/wp-o-matic/cache/eaf5c_6a01053645c43a970b0128756dadd1970c-800wi" border="0" alt="Leona_Helmsley_Trial_and_Heirs" width="248" height="324" /></p>
<p>As I described in this article from February 2009 , the trustees of the Leona Helmsley charitable trust asked the probate court in New York for permission to donate primarily to charities that helped people rather than dogs, despite some language in the trust that suggested she wanted her billions to benefits animal charities.</p>
<p>Specifically, the trust had a Mission Statement that included, as its first purpose “the provision of the care for dogs”.  But it also gave the trustees discretion to benefit charities as they saw fit.  This is a very important decisions for many charities (not to mention the people or animals they help) because we’re talking about several billion dollars.</p>
<p>This August, several different animal charities, including the Humane Society and American Society for Prevention of Cruelty to Animals, launched a legal challenge to the judge’s ruling to force the trustees to support animal charities.  Reportedly, the trustees so far have donated very little to help dogs. There was a big question whether these charities even had proper “standing” to bring this action (meaning whether or not they had the legal ability to challenge the judge’s ruling even though they were not named beneficiaries).  So far, their challenge has been allowed to proceed. In fact, a couple weeks ago,</p>
<p><strong>Go here to read the rest: </strong><a title="Leona Helmsley charity battle rages on" href="http://www.trialandheirs.com/?p=333" target="_blank"><strong>Leona Helmsley charity battle rages on</strong></a></p>
<div>
<p><span><span><em>Posted by:  Author and probate attorney Andrew W. Mayoras, co-author of <a href="http://www.trialandheirs.com/" target="_blank">Trial &amp; Heirs:  Famous Fortune Fights!</a> and co-founder and shareholder of </em><em><a href="http://probatelitigationmi.com/" target="_blank">The Center for Probate Litigation</a></em><em> and </em><em><a href="http://www.thecenterforelderlaw.com/" target="_blank">The Center for Elder Law</a> </em><em>in metro-Detroit, Michigan, which concentrate in probate litigation, estate planning, and elder law.  You can email him at blog @ trialandheirs.com.</em></span></span></div>
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		<title>Family fight over control of Michael Crichton’s trust</title>
		<link>http://www.designateddaughter.com/2009/10/family-fight-over-control-of-michael-crichton%e2%80%99s-trust/</link>
		<comments>http://www.designateddaughter.com/2009/10/family-fight-over-control-of-michael-crichton%e2%80%99s-trust/#comments</comments>
		<pubDate>Tue, 27 Oct 2009 04:29:47 +0000</pubDate>
		<dc:creator>Katana</dc:creator>
				<category><![CDATA[Aging Parents]]></category>
		<category><![CDATA[Caregiving]]></category>
		<category><![CDATA[designated daughter]]></category>
		<category><![CDATA[angeles-probate]]></category>
		<category><![CDATA[estate planning]]></category>
		<category><![CDATA[family]]></category>
		<category><![CDATA[marriage]]></category>
		<category><![CDATA[press-release]]></category>
		<category><![CDATA[senator-kennedy]]></category>
		<category><![CDATA[taylor-crichton]]></category>
		<category><![CDATA[wife]]></category>

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		<description><![CDATA[ Celebrity estate battles just keep coming.  Here&#039;s the UPI article about the latest in a long line of court cases involving dueling heirs of the rich and famous .  Best selling author Michael Crichton (writer of ER and Jurassic Park) left behind a messy estate and trust because he failed to update his estate planning documents to provide for his son, not yet born when he died of cancer at age 66.  I wrote about the problems this caused in a prior article .  Then his estate had to contend with the claim of his wife, Sherri Alexander, who filed paperworking seeking seven million dollars from his estate under a prenuptial agreement she signed with her famous husband in April 2005, before their marriage. But the real fight just began.  A few days ago, Crichton&#039;s daughter, Taylor Crichton, filed a petition in the Los Angeles Probate Court to remove Sherri as one of the three trustees of Crichton&#039;s trust, claiming she&#039;s breached her fiduciary duties. Sherri&#039;s attorneys issued a press release to publicly criticize Taylor&#039;s legal maneuvering.  They pointed out that it is not a breach of fiduciary duty for someone to serve both as trustee and beneficiary at the same time (which does happen regularly).  The press release also addresses how Sherri filed to allow her son to be included as an heir, despite language of Crichton&#039;s will disinheriting any children born after his will was written.  It sure seems like how much the 8-month old baby gets will be one of the central issues fought over in this new legal battle. Fighting over control of estates and trusts doesn&#039;t just happen to the wealthy.  In fact, they are partcularly common in second-marriage situations (or fifth-marriage situations like Crichton&#039;s).  That&#039;s why doing the proper estate planning is extra important for those families. It&#039;s crucial for people who are worried about their spouses and children fighting to think long and hard about appointing a neutral trustee and estate executor, to help avoid disputes like this one.  That&#039;s just what Senator Ted Kennedy did (as recently revealed when his will was publicized ).  To learn more about Senator Kennedy&#039;s choice &#8212; and why he should be commended for making it &#8212; along with other ways to help your family avoid a fight, keep an eye out for Trial &#038; Heirs:  Famous Fortune Fights!, which is coming out in a few weeks. Posted by:  Author and probate attorney Andrew W. Mayoras, co-author of Trial &#038; Heirs:  Famous Fortune Fights!  and co-founder and shareholder of  The Center for Probate Litigation and  The Center for Elder Law   in metro-Detroit, Michigan, which concentrate in probate litigation, estate planning, and elder law.  You can email him at blog @ trialandheirs.com. ]]></description>
			<content:encoded><![CDATA[<div class="tweetmeme_button" style="float: right; margin-left: 10px;"><a href="http://api.tweetmeme.com/share?url=http%3A%2F%2Fwww.designateddaughter.com%2F2009%2F10%2Ffamily-fight-over-control-of-michael-crichton%25e2%2580%2599s-trust%2F"><img src="http://api.tweetmeme.com/imagebutton.gif?url=http%3A%2F%2Fwww.designateddaughter.com%2F2009%2F10%2Ffamily-fight-over-control-of-michael-crichton%25e2%2580%2599s-trust%2F" height="61" width="51" /></a></div><p> Celebrity estate battles just keep coming.  Here&#039;s the UPI article about the latest in a long line of court cases involving dueling heirs of the rich and famous .  Best selling author Michael Crichton (writer of ER and Jurassic Park) left behind a messy estate and trust because he failed to update his estate planning documents to provide for his son, not yet born when he died of cancer at age 66.  I wrote about the problems this caused in a prior article .  Then his estate had to contend with the claim of his wife, Sherri Alexander, who filed paperworking seeking seven million dollars from his estate under a prenuptial agreement she signed with her famous husband in April 2005, before their marriage. But the real fight just began.  A few days ago, Crichton&#039;s daughter, Taylor Crichton, filed a petition in the Los Angeles Probate Court to remove Sherri as one of the three trustees of Crichton&#039;s trust, claiming she&#039;s breached her fiduciary duties. Sherri&#039;s attorneys issued a press release to publicly criticize Taylor&#039;s legal maneuvering.  They pointed out that it is not a breach of fiduciary duty for someone to serve both as trustee and beneficiary at the same time (which does happen regularly).  The press release also addresses how Sherri filed to allow her son to be included as an heir, despite language of Crichton&#039;s will disinheriting any children born after his will was written.  It sure seems like how much the 8-month old baby gets will be one of the central issues fought over in this new legal battle. Fighting over control of estates and trusts doesn&#039;t just happen to the wealthy.  In fact, they are partcularly common in second-marriage situations (or fifth-marriage situations like Crichton&#039;s).  That&#039;s why doing the proper estate planning is extra important for those families. It&#039;s crucial for people who are worried about their spouses and children fighting to think long and hard about appointing a neutral trustee and estate executor, to help avoid disputes like this one.  That&#039;s just what Senator Ted Kennedy did (as recently revealed when his will was publicized ).  To learn more about Senator Kennedy&#039;s choice &#8212; and why he should be commended for making it &#8212; along with other ways to help your family avoid a fight, keep an eye out for Trial &#038; Heirs:  Famous Fortune Fights!, which is coming out in a few weeks. Posted by:  Author and probate attorney Andrew W. Mayoras, co-author of Trial &#038; Heirs:  Famous Fortune Fights!  and co-founder and shareholder of  The Center for Probate Litigation and  The Center for Elder Law   in metro-Detroit, Michigan, which concentrate in probate litigation, estate planning, and elder law.  You can email him at blog @ trialandheirs.com. </p>
<p>Celebrity estate battles just keep coming.  Here&#039;s the <a href="http://www.upi.com/Entertainment_News/Movies/2009/10/16/Crichtons-kid-wife-fighting-over-estate/UPI-73271255728639/" target="_blank">UPI article about the latest in a long line of court cases involving dueling heirs of the rich and famous</a>.  Best selling author Michael Crichton (writer of ER and Jurassic Park) left behind a messy estate and trust because he failed to update his estate planning documents to provide for his son, not yet born when he died of cancer at age 66.  I wrote about <a href="http://www.probatelawyerblog.com/2009/04/michael-crichton-estate-facing-probate-court-battle.html" target="_blank">the problems this caused in a prior article</a>.  <a href="http://probatelitigation.typepad.com/.a/6a01053645c43a970b0120a5f34194970b-pi"><img onerror="javascript: wp_broken_images = window.wp_broken_images || function(){}; wp_broken_images(this);" alt="Michael_crichton" src="http://www.trialandheirs.com/wp-content/plugins/wp-o-matic/cache/10c59_6a01053645c43a970b0120a5f34194970b-200wi" title="Michael_crichton" /></a> </p>
<p>Then his estate had to contend with the claim of his wife, Sherri Alexander, who filed paperworking seeking seven million dollars from his estate under a prenuptial agreement she signed with her famous husband in April 2005, before their marriage.</p>
<p>But the real fight just began.  A few days ago, Crichton&#039;s daughter, Taylor Crichton, filed a petition in the Los Angeles Probate Court to remove Sherri as one of the three trustees of Crichton&#039;s trust, claiming she&#039;s breached her fiduciary duties. </p>
<p>Sherri&#039;s attorneys issued a press release to publicly criticize Taylor&#039;s legal maneuvering.  They pointed out that it is not a breach of fiduciary duty for someone to serve both as trustee and beneficiary at the same time (which does happen regularly).  The press release also addresses how Sherri filed to allow her son to be included as an heir, despite language of Crichton&#039;s will disinheriting any children born after his will was written.  It sure seems like how much the 8-month old baby gets will be one of the central issues fought over in this new legal battle.</p>
<p>Fighting over control of estates and trusts doesn&#039;t just happen to the wealthy.  In fact, they are partcularly common in second-marriage situations (or fifth-marriage situations like Crichton&#039;s).  That&#039;s why doing the proper estate planning is extra important for those families.</p>
<p>It&#039;s crucial for people who are worried about their spouses and children fighting to think long and hard about appointing a neutral trustee and estate executor, to help avoid disputes like this one.  That&#039;s just what <a href="http://www.trialandheirs.com/?p=90">Senator Ted Kennedy did (as recently revealed when his will was publicized</a>).  </p>
<p>To learn more about Senator Kennedy&#039;s choice &#8212; and why he should be commended for making it &#8212; along with other ways to help your family avoid a fight, keep an eye out for <a href="http://www.trialandheirs.com/?page_id=2">Trial &#038; Heirs:  Famous Fortune Fights!, </a>which is coming out in a few weeks.</p>
<p><span><span><em>Posted by:  Author and probate attorney Andrew W. Mayoras, co-author of <a href="http://www.trialandheirs.com/" target="_blank">Trial &#038; Heirs:  Famous Fortune Fights!</a> and co-founder and shareholder of </em><em><a href="http://probatelitigationmi.com/" target="_blank">The Center for Probate Litigation</a></em><em> and </em><em><a href="http://www.thecenterforelderlaw.com/" target="_blank">The Center for Elder Law</a> </em><em>in metro-Detroit, Michigan, which concentrate in probate litigation, estate planning, and elder law.  You can email him at blog @ trialandheirs.com.</em></span></span></p>
<p>More here:<br />
<a target="_blank" href="http://www.trialandheirs.com/?p=312" title="Family fight over control of Michael Crichton’s trust">Family fight over control of Michael Crichton’s trust</a></p>
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