Florida Trust Litigation Dispute over foundation of the late Hugh Culverhouse.

Interesting article about a Florida Trust Litigation Dispute and fight over the terms of a family foundation of former Tampa Bay Bucs owner Hugh Culverhouse and whether the trust and settlement agreements controlled or the foundation had the right to make changes.

Upon remariage of the surviving spouse and subsequent remarriage problems do frequently arise. This is an interest Florida Trust Dispute. As a result of the 1997 settlement and the subsequent changes within the foundation which disregarded significant aspects of that settlement and conflicts of interests which arose the grantors intent to keep the charitable foundation money in Florida and going 90% to the original beneficiaries has been subverted.
It is important to prepare documents in advance to withstand probate and trust litigation challenges so the document and the grantors intent is carried out.

Based on Florida Probate Law and statute 732.702 full and fair disclosure was needed for the post nup in the case because after marriage that is required for a pre nup done prior to their marriage no information is required to be provided.

Culverhouse wishes in judge's hands

The late Bucs owner's foundation defends directing money to new beneficiaries.By JEFF TESTERMAN, Times Staff WriterPublished September 20, 2005TAMPA - In a deathbed letter penned 11 years ago, Tampa Bay Buccaneers owner Hugh Culverhouse Sr. directed trustees to donate the bulk of his foundation's fortune to 38 charities, most of them in the Tampa Bay area.The plan began to fall apart after his widow, Joy McCann Culverhouse, remarried in 2001 and immediately set in motion a series of sweeping changes.After a board shakeup, the foundation wrote new bylaws. Millions of dollars began to flow not to Hugh Culverhouse Sr.'s designated charities, but to out-of-state beneficiaries with ties to Mrs. Culverhouse's new husband, Dr. Robert M. Daugherty.Now, stung by criticism from Florida's attorney general and dissension from some of the original 38 charities, the foundation has asked a judge to decide if the changes were legal.In probate papers filed in Hillsborough Circuit Court, attorneys for what is now called the Joy McCann Foundation have asked a judge to declare that the nonprofit had the authority to change its rules and donate more than $5-million to new beneficiaries.The office of Florida Attorney General Charlie Crist contends the foundation had no such right. The attorney general says the foundation engaged in a game of "bait and switch" when it disregarded the wishes of Hugh Culverhouse Sr. in creating a new list of beneficiaries."The fundamental question is the intent of Hugh Culverhouse Sr.," said Assistant Attorney General Gerald Curington. "Mr. Culverhouse gave the money for specific charities and intended it go to them."

Times researcher Cathy Wos contributed to this report. Jeff Testerman can be reached at 813 226-3422 or by e-mail at testerman@sptimes.com

Link to the the full Florida trust litigation article and the history of the trust dispute that has gone on in probate court is below.
http://www.sptimes.com/2005/09/20/Bucs/Culverhouse_wishes_in.shtml

Also the link to another interesting article about the Florid Trust Litigation and Foundation dispute can be found here

http://www.sptimes.com/2005/05/01/Tampabay/Charity_in_conflict.shtml

Florida estate litigation disputes can rip families apart

Sadly Florida estate litigation within the family is a common occurence but this is another example of how destructive Florida estate litigation can be on family relationships.
If they had prepared a properly funded revocable trust the guardianship itself could have been avoided and the parents could have had more control over what and how the trustee were compensated. Through a power of attorney they could also have retained more control. Unfortunately the estate litigation families pursue can create bad blood and rip apart a family for decades following the estate litigation and things are not resolved once the estate dispute is resolved in court or settled.

As a guardian, a personal representative or a trustee a duty to act fairly and in the best interests of the person(s) you are serving on behalf of exists. It is a fiduciary relationship although improper action and disputes frequently occur.


Blood doesn't run thicker than estate fight
Relatives of Ed Helm, who is running for mayor, say he was "untrustworthy" and "unethical" in handling his late mother's estate.By ADAM C. SMITH, Times Political EditorPublished September 30, 2005

ST. PETERSBURG - Mayoral candidate Ed Helm says he is well equipped to lead a city with 3,500 employees and a $544-million budget. But when it came time to represent his late mother's $400,000 estate, his own relatives called him "unfit" and "erratic," saying he "cannot be trusted" with the job.

The allegations are detailed in probate papers filed in Pinellas-Pasco Circuit Court. Helm and his relatives settled the case two years ago, after a bitter 21/2-year court fight. He denied the numerous allegations against him but remains estranged from many of his relatives.

"As ugly as this family dispute got, I take consolation that within a month of Mom's death she commented to me that I was a good son and a good father," said Helm, a retired labor lawyer running to unseat St. Petersburg Mayor Rick Baker. "I am an Eagle Scout. "On my honor' is the beginning of the Scout oath, and I take my honor seriously."

Among the complaints leveled by Helm's sisters, cousins, nieces and nephews in legal filings:
That as guardian for his dying mother, Helm charged $50 an hour around the clock while she was hospitalized in the last week of her life. They also complained about him billing the estate for time he spent flying from Washington to see his mother in Sarasota.
That he improperly moved his ill mother from Sarasota to St. Petersburg without a judge's approval and without informing other relatives.

That he "engaged in fraudulent activity" to obtain access to checking accounts owned by his mother and father.

That he submitted tens of thousands of dollars in questionable bills for himself and his wife as guardian, and had a conflict of interest in seeking to represent the estate after his mother's death.

"It is evident from his erratic behavior from beginning to end of these traumatic events that he was formulating a veiled plan which by its very nature would be an effort on his part to nefariously convert funds from the estate ... to his own use and ownership," Helm's cousin,

Ronald Klune of Georgia, said in court papers.
Helm said an independent guardian would have charged "five to 10 times more" than he did for helping his mother, and that the courts reviewed and approved everything that occurred.

"We settled this thing. They had an opportunity to dispute and challenge (the fees and expenses) and ultimately they agreed," Helm said.
Several relatives declined to comment for this story. Helm's niece, Wendy Suter of New Jersey, said the family agreed to settle the case because they were exhausted and feared Helm would drain the entire estate on legal fees if the case continued to drag on.
She said she was surprised to hear about him running for mayor.

"It's very concerning that he could hold any public office because of the actions he's taken. In my opinion, he's proven unethical and untrustworthy," she said.
Erma June Helm, a Sarasota real estate broker, died in March 2001 at age 86. Her only son, Ed, had been her guardian over the objection of his two sisters, who wanted an independent guardian.

Once she died, Helm's sisters, cousins, nieces and nephews petitioned the court to bar Helm from serving as personal representative. They said he could not be trusted, had a conflict of interest, and that his own expenses and plans to sue his mother's former lawyers for malpractice would fritter away the assets.

"I do not trust Edward G. Helm to provide accurate and truthful information to his siblings, other family members and/or officers of the court," Helm's niece, Cynthia Suter, said in another filing.

Over Helm's objections, a judge ordered that an independent representative, United Trust Co., handle the estate. But the legal fight dragged on for years amid accusations of foot-dragging and lack of cooperation by Helm. Ultimately, both sides settled the case in the fall of 2003.
Helm said Thursday he loved his family and wished them the best, but that the "spat" was behind them now. He said he had not considered that it might resurface in this campaign but knew that taking on Rick Baker could get tough.

"I'm not in anybody's pocket, not the St. Pete Times, not the Semblers (prominent developers), and in that way I knew I would certainly be more of a threat than any other candidate and it was possible the power structure would really come after me and it could really get ugly."
- Adam C. Smith can be reached at 727893-8241 or adam@sptimes.com

Generation Skipping Tax does not apply for spouse regardless of age.

Generation Skipping tax came to mind in thinking about the $474 million that Anna Nicole Smith stands to gain from her husband who was about 63 years older than her upon their marriage. Generally in Florida as well as all other states if someone gives a large amount of property (in excess of $1.5 million in 2005) to a person who is more than 37.5 years younger than them and it does not qualify for an exception such as a predeceased parent exception when giving property to a grandchild who parent has previously died then a generation skipping tax will be owed equal to the highest estate tax rate. If that were to apply there would be $474 million subject to a tax of about 48% tax.

She will not be subject to tax of nearly $240 million dollars for generation skipping tax though because for generation skipping tax purposes a wife is always considered in the same generation as the spouse. There is also an unlimited marital deduction from estate and gift tax during a marriage and at death for monies which are received by a spouse. This money would therefore not be received until her passing and then only if she owns it and does not transfer it to another spouse.

Life Insurance - Inheritance Dispute regarding Scott Peterson

The killer statute has acutally come up a couple times this year with advice I have given potential clients regarded Florida probate situations earlier this year. This is a little different angle than the OJ case since Scott Peterson was actually found guilty of murder it would seem obvious under any state killer statute preventing people from inheriting as a result of their action he would not be able to inherit but the interesting slant in this case is that Scott Peterson and Mark Garagos still claim his innocence and that the probate statute should not apply until the appeals probate is heard.

A hearing has been set for October 21.

Judge may rule on Peterson life insurance
By SUSAN HERENDEENBEE STAFF WRITER
Last Updated: September 27, 2005, 05:48:45 AM PDT

Stanislaus County Superior Court Judge Roger Beauchesne could rule this morning on Sharon Rocha's claim to $250,000 from a life insurance policy on her daughter, Laci Peterson.
Or he might send the case Rocha brought against her former son-in-law, convicted murderer Scott Peterson, to trial. Under state law, people who kill their spouses give up their inheritance rights.

But Scott Peterson, who maintains his innocence, won't give up his claim to the money until an appeal of his death sentence and guilty verdict is complete.
In legal papers, attorney Nareg Gourjian of Los Angeles, who represents Scott Peterson, said Rocha's claim is premature. He said the conviction alone does not establish Scott Peterson's guilt.

Attorney Adam Stewart of Modesto, who represents Rocha, said his client wants a ruling now, because an appeal to the California Supreme Court could take decades.

"If we are ultimately wrong in allowing the estate to recover the life insurance benefits, Mr. Peterson may, in 25 years from now, file suit for restitution against the estate," Stewart said in legal papers. "This is a risk the estate is willing to take

Inheritance Law - Killer forfeits their share

Florida Law and Florida Statute 732.802 prohibit a person from inheriting from another person who they are found to have unlawfully and intentionally killed or participated in procuring of the death and they are not entitled to any benefits under the will or under the Florida Probate Code, and the estate of the decedent passes as if the killer had predeceased the decedent.

Most states including Florida have some type of killer statute. In Florida the woman would be subject to jail time just as in New York if she was convicted beyond a reasonable doubt of murder. However all that would be required for her inheritance instead of being sped up to be terminated would be a preponderance of the evidence. If the woman were found not guilty but than found the greater weight of the evidence showed she had intentionally procurred the death then she would be treated as having pre deceased and would receive no property.

OJ Simpson was the subject of the last post and in his situation he was found not guilty but then found responsible and that would have been sufficient in Florida so he would not have able to inherit from Nicole Brown Simpson even if she had provided for him in her will. Although in their situation any provisions she had made for OJ in a will or trust that had not been updated since the divorce would be void anyway because upon divorce such provisions absent a showing of intent to retain the gift to the ex spouse are removed from the will and trust documents since that is what the Florida legislature assumes is the intent of the grantor or testator.

Woman Tries to Speed Up Inheritance
BATH, N.Y. (AP) — A woman who spiked her elderly neighbor's pastry with over-the-counter medication will spend up to nine years in prison.

Jennifer Clark, 26, was sentenced Monday to between 2 and 6 years in state prison for serving her 82-year-old neighbor a store-bought apple strudel cake (search) laced with a nighttime pain reliever.

She also was sentenced to a consecutive term of 1-3 years on an unrelated burglary charge.
Prosecutors said Clark spiked the pastry in September after learning the man was going to include her in his will. The man, who is described as frail, noticed the pills in the strudel before consuming a significant amount.

Clark was originally charged with attempted first-degree assault, which carries a maximum sentence of up to 15 years in prison. But under a deal with prosecutors, she pleaded guilty to first-degree reckless endangerment.

Florida Asset Protection - OJ Simpson

Florida Asset Protection Law are illustrated by this article and the reason that OJ Simpson moved his residence to Florida. As a Florida resident he obtained creditor protection by owning a homestead within Florida. Also annuities and pensions are not subject to claims. So despite the tens of millions that he owes the Goldman family for having been found responsible in the death of Ron Goldman he has not paid anything because he has lived off his NFL pension.

He is not taking a fee for his public appearance or autographs because while he has protected his assets and will not pay anything for his judgement living in Florida based on the pension and his house is not subject to attachment but future earnings are subject to the judgment. Since he has the $4m pension and does not want to make any payments to the goldman's he has intentionally not made any additional money. Florida law is one of the most generous states for debtors though.

Other people have chosen Florida to live because an unlimited value of their homestead can be held as well as pensions and annuities that are generally not subject to creditor claims. (Mechanics liens on a home and the IRS being potential exceptions) which is far more generous to debtors than other states.

Comics show plans rare O.J. Simpson appearance
By Steve Gorman LOS ANGELES (Reuters) - O.J. Simpson plans to sign autographs and pose for pictures at a Halloween-themed comic book convention in a rare public appearance coinciding with the 10th anniversary of his acquittal on murder charges, a promoter of the event said on Friday. Simpson agreed to show up at the NecroComicon show in Los Angeles for three days, starting on Friday night, as a favor to an unspecified friend who was paid in advance to arrange for the weekend appearance, according to the promoter, Tom Riccio.Riccio said Simpson, who now lives in Florida, was "not getting a penny" for his visit, but was using the event as a possible trial run for future public appearances that he would make "in exchange for donations to his kids' college fund.""A lot of promoters are watching this to see how it goes, and we're going to take it from there," Riccio said.Riccio said he would charge $95 for photos and T-shirts signed by Simpson, and $125 for autographed football jerseys and helmets. Riccio said he would keep whatever is left of the proceeds after paying for various expenses, including Simpson's travel costs.On Sunday, Simpson will be joined at the event by his old friend and former football teammate Al Cowlings, who famously drove his buddy around Los Angeles in a white Ford Bronco during the televised slow-speed police pursuit that ended with Simpson's arrest at his home on murder charges.Cowlings is being paid separately by NecroComicon promoters.It was 10 years ago on Monday that a California jury found Simpson not guilty of murder in the June 1994 slashing and stabbing deaths of his ex-wife, Nicole Brown Simpson, and her friend, Ronald Goldman.A civil court jury in February of 1997 found Simpson liable for the deaths and ordered him to pay $33.5 million in damages to the families of the victims.Lawyers for Goldman's parents have said they would attempt to garnish any of Simpson's future earnings to satisfy the judgment, which he has vowed never to pay.But Riccio said he "was told that even the victims' (families) don't mind (Simpson's) kids going to college.Simpson lives off a $4 million National Football League pension that is exempt from civil court judgments, and the house he lives in cannot be seized to pay such a debt.Neither lawyers for Goldman's parents nor Simpson could be reached immediately for comment.