As a California probate attorney, frequently I am in court waiting for my case to be called, and I listen to the judge call other cases.  Sometimes, the disputes are more juicy than any daytime soap opera writer could think about.  Other times the disputes are more mundane and involve the possessions of the decedent.  These disputes can result in court cases over items that may have a value of less than $1,000.  Family members and other beneficiaries can become very contentious over items that have sentimental value.  Sometimes the item itself is like a pawn in a dispute that exists between different people.

Virtually all California probate lawyers who have been around for a bit can remember a case wherein family members were fighting over something that was worth less than the combined attorneys fees.  It is similar to what happens in divorce cases.

Recently, I read about a case in Kansas City, Missouri that involved a former Hallmark executive (I write this the day after Valentine’s Day – traditionally a great day for Hallmark) who had a Will prepared in 1985 and died in 2003.  Jane Frost Empie did not have children, but she did have many relatives.

Provisions of her Will included a bequest of $20,000 to a trust fund for the care of “my cats, namely Tiger, Boilvar Gray Girl and Motor Mouse.”  At her death none of the cats were alive.

She had a lot of specific bequests of household items including a gold teapot, a cut-glass decanter; pictures; Haviland china; and a cut-glass punch bowl with 12 glasses, mirrored base and silver ladle to various individuals. 

Between 1985 and 2003 many of the items in the Will had been sold or given away as Ms. Empie had downsized during that period.  Also, the person to whom she had left cut-glass punch bowl with all the trimmings had predeceased her.

Problems within the family ensued and a court case was filed.  My next post will discuss what can be done to prevent needless probate disputes that arise even with living trusts.