New York Real Estate Lawyers Blog

We were “all shook up” to hear the surprising news of the untimely death of Lisa Marie Presley, the daughter of Elvis Presley.  Ms. Presley passed away in California.  She may have had a Will that directed the disposition of her assets.  This post will address the legal result if Ms. Presley had died in New York without a Will, legally defined as intestacy.

Ms. Presley could not “help falling in love.”  She was engaged five times and married four times.  All of her marriages ended in divorce.  Her former spouses would not inherit under the New York intestacy statute.  Since Ms. Presley was survived by her children, her Mother Priscilla Presley, who also survived her, would not inherit any of her assets.

The intestacy statute would provide that Ms. Presley’s surviving children would inherit her entire estate.  Tragically, Ms. Presley’s son predeceased her.  If her son left a surviving child, such grandchild would inherit the son’s share.  If there was no surviving grandchild, then the son’s share lapses and is to be shared with his surviving siblings.  It should be noted that two of Ms. Presley’s daughters were only fourteen years of age at her death.  As a result, a Guardian is likely to be appointed by the applicable Court to manage the inherited assets on behalf of the underage children who cannot inherit outright.  Guardianships typically last until the child is 18 or 21 years of age, depending upon the circumstances.

It is not uncommon for children from a prior marriage to have a legal dispute with a surviving spouse concerning a Will.  The New York Post recently reported that the children of deceased hockey legend Rod Gilbert have sued his surviving widow concerning the disposition of his estate.  Hockey Hall of Famer Gilbert was a beloved Rangers player, known as “Mr. Ranger,” and was the all-time leader in goals and points for the blue shirts.  He accumulated a significant collection of memorabilia and enjoyed material wealth.  He married his second wife thirty years before his death.

The children from his first marriage have alleged that the stepmother pressured Gilbert to change his Will on his deathbed to eliminate them from receiving the collectibles and substantial cash.  There has been a claim that, during his lifetime, Gilbert promised to leave his children particular assets and that the documents prepared in his final days did not reflect promises made.  Suspiciously, the Gilbert home was sold less than two weeks before his death and the proceeds were then “not available” to pay monetary bequests to the children.

The stepmother in this case presented a letter allegedly signed by Gilbert that reversed the prior bequests of memorabilia to the children and instead gave them to his wife.  It should be noted that a letter is usually not valid to change the terms of a properly executed Will.  In order for a Will to be legally valid in New York State, it needs to comply with the Statute of Wills.  In addition, any amendment or revision to a Will needs to be accomplished by a Codicil that also needs to comply with the Statute of Wills in order to be legally valid.  A less formal “letter” is highly unlikely to comply with the requirements of a Codicil in order to amend the Will terms.

News outlets have reported on the untimely death of actress Anne Heche.  The late actress was allegedly driving under the influence of alcohol and illegal drugs when she crashed into a Los Angeles area home.  She died shortly thereafter from injuries suffered in the crash. As to the unlucky homeowner, the crash caused a fire that destroyed the house and all of the possessions inside.  The homeowner has sued the Heche Estate for damages suffered in the crash.  This post will address how an Estate is to properly handle legal claims.

This author is not privy to details as to whether Ms. Heche had a Will.  If she had died in New York, her estate would be managed differently depending upon whether she had a Will.  A person can engage the services of an experienced attorney to prepare a Will and other estate documents that memorializes one’s wishes for the distribution of assets upon death, names those persons to serve as Executor, names guardians for minor children and other details.  When there is a Will in New York, one’s estate will be handled through a probate proceeding in Surrogate’s Court.  Should a person not have a Will, the estate will be distributed according to the law of intestacy.  In the case of intestacy, the surviving relative in the closest degree of relationship will serve as the Administrator.  Administration proceedings are also brought in Surrogate’s Court.

An Executor or Administrator, as the case may be, is a fiduciary and is obligated to address claims made against the Estate and pay liabilities before making distributions of assets as directed in the Will or in accordance with the intestacy statute.  The homeowner who has sued will have her claim addressed by the fiduciary appointed in the Heche Estate, who will most likely seek legal advice and respond to the Complaint.  The fiduciary’s role is to responsibly address claims, evaluate if they are legitimate and attempt to have them reduced before paying such claims with estate assets.  That way, the fiduciary is also preserving estate assets, which is another legal obligation of a fiduciary.