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The year 2020, plagued by COVID-19, has exposed all of our vulnerabilities to disease and death, regardless of age, gender, or socio-economic class. As a trusts and estates attorney I am used to planning for the worst-possible, albeit remote, scenario for most people. Over the past several months, I couldn’t allay clients’ concerns in the same way. More than ever, I am like a broken record, repeating, urging, and advocating that all individuals over the age of 18, regardless of age, level of wealth, or familial structure execute last wills and testaments, powers of attorney, and healthcare proxies. Sight unseen, everyone needs these documents, to protect wealth, children, spouses, family, and yourself.
The execution of legal documents comes at a financial cost. Sometimes this deters individuals from consulting with counsel. Other times, individuals are too busy and put the matter off for a later time. Sometimes people do not want to address issues of sickness and mortality and cannot bring themselves to think about the important matters that are the subject of the estate-planning documents.
Such issues plague all kinds of people, and even if they can afford to plan, addressing such difficult issues may deter document execution. In recent months, we have learned that several celebrities have died intestate, without a last will and testament.
Argentinian soccer star Diego Armando Maradona died in November at the age of 60. Many believe him to have been one of the greatest soccer players of all time. Argentina issued a three-day period of mourning in honor of his passing. He had amassed a fortune, including real estate and jewelry. Maradona’s life was filled with drama, and it is anticipated that events after his death will be just as, if not more, tumultuous. He had eight children from six different partners.
As no last will and testament has been produced, his eight children will divide the estate. Familial fighting is expected given the breadth of the estate and the various individuals who are now forced to review and distribute their deceased father’s estate.
Interestingly, Maradona has publicly stated that he wishes to donate his estate and not leave his children anything. Unfortunately, he died of a heart attack prior to putting such a plan in place. Under the laws of intestacy, next-of-kin, not charities, receive the decedent’s monies. Argentine law also holds that a spouse and children must receive a certain amount of a decedent’s estate under a last will. This is known as “forced heirship” meaning only a certain percentage may be willed outside of next-of-kin.
It has also been reported that former Zappos CEO Tony Hsieh died without a last will and testament. His estate is valued at approximately $840 million. He died at age 46 from smoke inhalation following a fire in New London, Connecticut. His brother and father have applied to serve as special administrators of his estate in Nevada where he was a resident. His estate administration will now be public, filed in probate court, and subject to court supervision. Hseih was survived by his two brothers and parents. Hsieh recently purchased eight houses in Park City, Utah. The purchase of real estate across state lines will make the administration of his estate even more complicated with a last will and trust. It has been reported that Hseih may have had drug and alcohol issues. He allegedly was fixated with fire. He also had instances of extreme dieting. His family was encouraging him to enter rehab, however, he died before receiving treatment. Hsieh at one point said he was going to a shed that was attached to the home, and asked the people in the house to check on him every five minutes, by the people’s account. They said he used a heater in the shed to lower the oxygen level.
It isn’t clear what started the fire. When the others at the house tried to get to him, they couldn’t. One emergency worker was heard telling others he was barricaded inside. Hsieh died from complications of smoke inhalation, the coroner said.
His death was ruled accidental.
Chadwick Boseman’s wife, Simone Ledward, has petitioned the California courts to be named the administrator of her husband’s estate. Boseman and Ledward, who had dated for five years, married in early 2020. The marriage gives Ledward the standing to petition the court for control of the estate, and it also positions her as the estate’s sole beneficiary as Boseman does not have any children.
Cori A. Robinson is a solo practitioner having founded Cori A. Robinson PLLC, a New York and New Jersey law firm, in 2017. For more than a decade Cori has focused her law practice on trusts and estates and elder law including estate and Medicaid planning, probate and administration, estate litigation, and guardianships. She can be reached at cori@robinsonestatelaw.com.