Florida Probate Attorney and Florida Inheritance Lawyer Florida Probate Attorney Blog

Osama Bin Laden Reads Will on Saturday Night Live

 

The Estate of Tom Bosley and other Happy Days actors sue CBS over Merchandising revenues.

Multiple estates have recently sued others regarding their intellectual propery and use of their image or likeness. The merchandising rights to celebrity images can be worth millions of dollars. These issues often cause disputes and estate litigation which the probate attorney blog reported for such estates as the Rick James estate, the Michael Jackson estate that just reached settlement and others have then these types of issues have also been a source of conflict in other estates such as the Martin Luther king beneficiaries and a source of potential disputes in the Elizabeth Taylor estate among the beneficiaries. 

Chris Harnick of TV Squad.com reports that there is yet another estate who has to bring action to protect their interests. Tom Bosley estate who played Mr Cunningham on Happy Days is joining other actors who are not happy with how much merchandising money they are being given and have sued. 

Anson Williams, Don Most, Marion Ross, and Erin Moran are also suing CBS over merchandising revenues for the use of their likeness. According to CNN, the actors claim CBS has cut them out of money they are owed for products such as T-shirts, comic books, dolls and DVDs.

The lawsuit on behalf of the Happy Days cast is for $10 million dollars according to the Hollywood Reporter. Actors Henry Winkler and Ron Howard who played the Fonz and Richie Cunningham are not part of the litigation against CBS. 

The actors say that under their contracts, they were supposed to be paid 5 percent of the net proceeds if their sole image appeared on the product and 2.5 percent if their image appeared in a group.

Jon Pfeiffer, the attorney for the 'Happy Days' actors, expressed he will file the lawsuit to protect his clients financial rights and uphold their contract this week. 

"The issue is the five cast members of 'Happy Days' were not paid for the royalties for their name and likeness," Pfeiffer told CNN. "That being the use of their picture, use of their name in slot machines, in games, in greeting cards, in T-shirts -- anything where you saw a 'Happy Days' face of a character, they were not paid for that."

CBS told the actors that they are owed between $8,500 and $9,000 for the last four years, most of the revenue coming from 'Happy Days' slot machines that bear their likenesses. However, the actors claim they are owed millions of dollars. However, CBS relayed to CNN that "We agree that funds are owed to the actors," and have been working with them for quite some time to resolve the issue."

Additional 'Happy Days' products are being prepped to launch, including a lottery game.

As with any estate litigation and most lawsuits mediation was first attempted although unfortunately the attorney for the Happy Days actors reports mediation with CBS has been unsuccessful. 

The tv show Happy Days started January 14, 1974 and lasted for 11 seasons, airing 255 episodes before its May 8, 1984 finale. 

TV Plot explained inheritance law incorrectly Sunday. Pretermitted Spouse law.

On Sunday night flipping channels to see a few minutes of tv I happened to see part of the show Desperate Housewives. The interesting thing to me and this blog is that one character who was the mom of a woman who had just killed themself told her husband that he had effectively bought her a home since he had bought several pieces of real estate and one he had put into her daughters sole name. He said that she did not have a will and he was her spouse so he would receive her property anyway which would be correct. She then said that she had found an old will from prior to they were married and that all the property in the will went to her as a result. 

That would not be accurate in Florida or most if not all jurisdictions in the US since even if the will had the required 2 witnesses and even if it were self proved with a notary as it should be the will would not validly pass the property given the concept of a pre termitted spouse. That means that they were married after a will was executed and it was not in contemplation of marriage or having mentioned him. Since they got married after the will was executed the spouse gets their intestate share and since they had no children together that would be everything. While they live on a fictional lane in Florida the law for pre termitted spouses can be found by clicking here. It may not have advanced the plot they wanted to show although having the discussion and making the point that the will was prior to the marriage and there was no pre nuptial agreement just showed they were operating in a fictional tv environment as far as wills and inheritance law are concerned. People should be aware though that if there is no pre nuptial agreement and there are no children but there is a will prior to their marriage unless the slayer statute applies or the marriage is properly challenged the spouse will receive all the property passing through the probate estate of the decedent. 

Mikey Rooney Elder Abuse Info. Restraining Order ended.

In early March of this year 90 year old former actor Mikey Rooney testified before a special senate committee about elder abuse from a family member believed to be 52 year old step son Chris Abert that he says he had experienced. He felt trapped, scared, used, and frustrated. 

The senate committee is considering legislation to curb abuses of senior citizens.

"Above all," Rooney said of being a victim of elder abuse, "when a man feels helpless, it's terrible."

Every year, an about 2.1 million older Americans are victims of physical, psychological, sexual, financial, or other forms of abuse and neglect, according to the American Psychological Association. And for every case reported to authorities, experts estimate there may be as many as five cases that were not reported.

Elder abuse cuts across all socioeconomic groups, cultures, and races, according to the National Center on Elder Abuse. And it can occur anywhere - in nursing homes and other institutions as well as private homes. Older people who are demented are especially vulnerable, as are those who have a substance abuse problem - or are cared for by someone who does.

Rooney accused Aber in LA Superior Court filings of withholding food and medicine and meddling in his personal finances. On February 15 he was awarded a restraining order by the judge in which Aber could not come within 100 yards of Rooney. He was concerned that Aber may even try to kidnap him unless he signed over all his property so he also had the court appoint a conservator also referred to as a guardian in some states. His attorney was appointed for this purpose. 

Fortunately on April 6 they were able to settle the matter and Rooney agreed to drop the restarining order with Aber agreeing to voluntarily leave him alone. 

Click here for a 3 minute video of Mickey Rooney speaking about Elder Abuse.

Sources February 15 TMZ.com  April 6 2011 TMZ.com and CBS News

Jon Stewart responds to reports of GE paying no taxes despite billions in profits.

Probate Attorney Blog recently reported how GE despite making tens of billions the past couple years has paid no taxes and even received money back by using tax loopholes, keeping earnings over seas and using losses from when they were bailed out by the government during the financial collapse. 

This probate blog is intended to entertain as well as inform so here is a link to an amusing / interesting segment about the subject from commedian Jon Stewart. Click here. 

 

The Daily Show show video Wheels of misfortune. Tax owed on Prizes.

Following up on the prior blog post from the Probate Attorney Blog about prizes not being free and Oprah giving away cars here is a 2004 Daily Show with a comical take on the burden that people had when given a $28k Potiac G6 and had around a $7,000 tax liability needing to either disclaim the car, give to charity, sell the car and pay the tax or keep the car and pay the tax. 

Click here to see Daily Show video Wheels of Misfortune. 

Probate Slayer statute

 

Monica Burgos Beresford Redman the wife of a guy who had been a producer for the show Survivor and other shows her will has now been filed with California probate court as TMZ reports. Link for a copy of her will. It leaves all her property to her husband and names him as the personal representative. It also mentions one child as it was prepared in 2004 although they had 2 children at the time of her passing. 

This raises the issue of a pre termitted child. Most states have a statute which states what would happen if a child is born after the will is prepared. Since I am not a California Probate Attorney and this blog focuses on Florida Probate Law and Florida Will Law I will mention that in Florida it is Florida statute 732.302 which would control. Basically the child gets an intestate share regardless of what the will says unless it appears that it was intentional they were not provided for or there were one or more children at the time of the will and substantially all of the property was left to the parent of the pre termitted child. Although she had left all her property to the father of such child it will be interesting to see as they may receive everything. If he were to be convicted of killing his wife he would not be entitled to receive anything and would be treated as pre deceased so it would all pass to the children with her someone else looking out for the children's property while they are minors. 

Currently he is a "person of interest" and has not been charged or arrested with anything. However she was found in a sewer nearby where they were staying on their vacation having appeared to have been strangled. Emails that a close friend of his wife sold to an online website Radar Online and which had been given to authorities by her mom purport to show that he was having a long term affair and that he was only happy with his mistress so he would leave the family for her. Another website reported that she had taken out a lot of money from joint bank accounts shortly before the trip. While entitled to presumption of innocence authorities had prevented him from leaving the country for a while and have been closely investigating his involvement the kids had been staying with her sister but then were temporarily given to his parents.  

As the LA Times mentions he seen violently and loudly arguing with his wife shortly prior to her death then had scratch marks on his arms when seen just after she was found strangled during which she likely would have scratched the attacker. 

An interesting distinction in California Probate Law code section 250 it says A person who feloniously and intentionally kills the decedent is not entitled to any property interest or benefit under a will of the decedent. The code also prohibits any killer to serve as executor or personal representative as they are known for Florida probate purposes or as a trustee. For this case the California statute will apply. Unless he were convicted of a felony he will receive his share of the probate estate and any survivorship rights pursuant to California law. 

For Florida Probate cases however section 732.802 of the Florida Probate Code would control. 

Unlike in California a felony is not required. It merely requires a finding that by a greater weight of the evidence the person unlawfully and intentionally killed or participated in procuring the death of decedent. If so they are treated as pre deceased and not entitled to anything under of the will or trust or anything that would pass by right of survivorship or similar manner. 

Slayer Statute may arise in death of survivor producer's wife

As CNN reported Monica Beresford Redman the wife of Bruce Beresford Redman who had been a producer of the show Survivor from CBS then co created Pimp My Ride a popular MTV show was found dead. Apparently there were allegations that he had an affair then his wife emptied out the joint bank accounts upon hearing that and took the children moving away but he was able to have her agree to meet for a family vacation in Cancun. He reported her as missing but a couple days later she showed up where he was staying in a sewer dead apparently from strangulation because of bruising and he had a number of scratch Marks soon after the staff at the hotel heard them arguing loudly. 

Although jointly held property with husband and wife would pass to the survivor and property in the sole name of the deceased spouse in absence of a will in Florida the spouse would receive one half of the estate if there were children from a different parent then the deceased or one half plus $60,000 if there were not.  A person cannot benefit from causing the death of another though regardless of how the property is held including beneficiary designations such as insurance policies. The Florida Slayer Statute is section 732.802 which can be read by clicking here. 

The Florida Slayer Statute says that a surviving person who unlawfully and intentionally kills or participates in procuring the death of the decedent is not entitled to any benefit under will or probate code and estate passes if the person predeceased the decedent. Jointly held property becomes tenancy in common and the life insurance would be treated like the estate property as if the person who participated in or procured the death had died in advance of the decedent. This is not a Florida situation the murder happened in Mexico and they had lived in California although California also has a slayer statute as do nearly all states and countries. 

A video discussing the situation can be found here. Sadly they had a 2 year old child and a 4 year old child. If the charges stick they will essentially lose both of their parents making the guardianship choices potentially expressed in a will especially important or they will go to another family member who can properly take care of them. 

Selling a comic book not typical way to being Millionaire but its happening.

As MSN.com mentioned the record for the highest figure a comic book ever sold for has just been broken for the 3rd time this year all for at least a million dollars. The most recent millionaire sold a copy of the 1938 Superman comic for the first edition to have come out. This time receiving $1.5 million dollars with the same comic having received $1 million to a different seller earlier this year then a batman comic book for a little over a million dollar now someone who must not be feeling the effects of the current recession just bought a Superman Comic book for $1.5 million.