Many of us have eaten at a Benihana’s at least once. Rocky Aoki, the gentleman who founded the chain in the 1960s died on July 10. The restaurants he created are famous for the dramatic with knife wielding chefs making our food as we watch.

Mr. Aoki also had drama in his personal life. He was certainly flamboyant, raced boats, married three times, fathered six children, had girlfriends, and at some points indulged in drugs. He has sued four of his six children in 20006 over control of the corporation he started as he wanted his current wife and now widow to have control.

For estate planning attorneys who prepare estate plans for their clients including wills and living trusts, clients like Mr. Aoki make these interesting. While they are incredibly intelligent, they also are capable of having lives that would not be believable as a Hollywood movie. Sometimes, it can make an estate planning attorney utilize skills that are not just “lawyering” skills, but also include counseling.

That is why many estate planning attorneys call themselves counselors. Those of us that spend our days in this area know that to be most effective we have to be good listeners and then provide our clients with options so that their living trust or will becomes personal to them.

From time-to-time you read or hear about adult adoption.  Frequently it occurs with an adult adopting someone they are in a relationship with.  For obvious reasons this has occurred in the gay and lesbian community as a means of passing both benefits and ultimately an estate.

I just came across a story involving the estate of Thomas Watson, Jr.  Mr. Watson was the head of IBM for many years and in the second half of the 20^th century was considered one of the world’s great businessmen. 

Mr. Watson had a daughter named Olive Watson.  Olive adopted Patricia Spado in 1991 when both were in their 40s.  That would make Ms. Spado the grandchild of Mr. Watson.  Shortly after the adoption, the pair discontinued their relationship.    Ms. Spado contends that the purpose of the adoption was to allow her to qualify as an heir to Olive Watson’s inheritance. 

It turns out that the Maine probate court judge that granted the adoption later decided to annul it because the individuals did not meet residency requirements.  The annulment is currently being appealed.

The moral of the story is that when undertaking estate planning nothing should be assumed.  Mr. Watson may or may not have wanted to have Ms. Spado as one of his beneficiaries.  However, he probably never thought about it.  When undertaking estate planning discuss everything with your attorney.  Also, make your lawyer ask you questions.  Otherwise, someday, a probate court judge may be asked to solve the problem!