Tag: heirs

13 Feb

A  Notable Legacy

James Jacuta Estate & Trust, General Interest, In the News Tags: , , , , , 0 Comments

This Sunday February 16, 2020 the NBA All-Star game will be played in Chicago. It is estimated that seven million people will watch that one game, and that about 450 million people are involved with basketball around the world annually.  Forbes magazine has estimated the value of the 30 NBA teams at over 50 billion dollars with the Toronto Raptors valued at 1.7 billion.

On December 21, 1891 the game of basketball was invented by Canadian James Naismith. He was born on November 6, 1861 in Almonte Ontario about 50 kilometers west of Ottawa. Yet, the inventor of the game, James Naismith, never profited from any of this. In fact, he was generally in favour of advancing good values through sport and not profit. His estate did not profit either. However, his original two-page rules of the game of “Basket Ball” from 1891 were passed down to his family.

On December 10, 2010 the rules were purchased at Sotheby’s auction for a record 4.3 million dollars by David and Suzanne Booth.  The couple then donated the original rules of the game of “Basket Ball” to the University of Kansas, where James Naismith had been director of athletics until retiring in 1937 at the age of 76. He died on November 28, 1939 at his home in Lawrence Kansas. The family heirs of James Naismith took the proceeds from the sale of the original rules and donated the money to the Naismith International Basketball Foundation charitable organization.

A notable legacy in a succession of events. The game of life played well, starting with James Naismith, then David and Suzanne Booth, and then the family and heirs of James Naismith!

Enjoy the game!

James Jacuta

27 Nov

The case of the “Unknown Heirs”

James Jacuta Beneficiary Designations, Estate & Trust, Estate Planning, Trustees, Uncategorized, Wills Tags: , , 0 Comments

There are instances when a lawyer is required to make efforts to “locate missing heirs” of an estate, and until the heirs are identified and located  these efforts can be described as being to the “benefit of the unknown heirs”. This work has been done by lawyers for over one hundred years. One of the leading cases is from 1902, that of Neville v Benjamin (1902) 1 Ch 723, that sets out some of the steps that can be taken to obtain a “Benjamin order” in cases where an estate trustee is not able to distribute and finalize administration of an estate because of missing heirs. In popular culture, being a person identified as a “missing heir” has been the subject of much interest. “Big legacies awaiting lost heirs” was the premise of a segment on the Art Linkletter show, where he conducted a television search for missing heirs. The Linkletter show was broadcast in various forms from 1945 to 1970 and had huge audiences in the millions.

 

A 1965 article in the Madera California Tribune newspaper on the Linkletter search for missing heirs started with the attention getting line “Do you ever wish a long lost relative would leave you a legacy of a bundle of money?” One story featured was of a talented machinist who chose to live the life of a recluse, existing on a diet of dry cereals. It was also known he didn’t trust banks and that he preferred to store his money by hiding it in his house. He died at age 58 and was dead several days before someone made the discovery. The house was robbed of the cash, but the remaining business assets were sold in the estate sale. The business assets went to a sister of the deceased, who only learned of it from a neighbor after she heard it on the Linkletter show.   Wouldn’t you want to be “found” if you were indeed “a missing heir”, whether by a lawyer or a television show?

 

 

Thanks for reading,
James Jacuta

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16 Apr

Robert Gordon Price’s Law Practice – Now at Hull & Hull LLP

Kira Domratchev Estate & Trust, General Interest, Wills Tags: , , , , , , 0 Comments

Robert Gordon Price began the practice of law in the small northern Ontario mining community of Kirkland Lake in 1952 when he joined his uncle Bruce Williams, and the Williams and Price law firm had its beginning. Bob, as he was known to friends and colleagues would practice law for over 65 years until his passing in Toronto on November 26, 2017 at the age of 92.

In or around the time Bob began practicing law, the International Law Commission began working on the issue of diplomatic and consular relations. After more than ten years of international preparations and after a discussion on the draft articles, countries proceeded to a Conference on Consular Relations, which was attended by delegates of 95 states. The Conference adopted the Vienna Convention on Consular Relations which was signed on 24 April 1963 and came into force on 19 March 1967. Article 37 provides that a country must “without delay” notify consular officers if a person dies while away in another country or has a guardian or trustee appointed over him or her. From this, certain international obligations would flow.

Around the same time, a miner, who was originally from Poland, died in Kirkland Lake. He died without a Will and his family in Poland had to be identified, located, and contacted. Arrangements were made in regard to the funeral, the body, and the estate. No one was quite sure how to proceed given the new treaty obligations, but the Polish Ambassador was put in contact with Bob. For Bob, it was a beginning of a niche law practice on international estates inheritance and heir locate in over 15 countries. Bob soon developed a practice where he was involved with almost all estates in Canada with a connection to Eastern Europe and the Soviet Union.

Part of Bob’s legacy are the international relationships that he built over many years. As international relations between countries continue to evolve and change, the relationships Bob established are even more important today.

Today, Hull & Hull LLP is working with Bob’s former colleagues around the world by assisting clients in solving complex and difficult problems involving international estate inheritance matters.

Thanks for reading.

Jim Jacuta & Kira Domratchev

12 May

Prince’s Estate: Intestate Heirs and Fights Over Intellectual Property

Umair Estate & Trust, Estate Planning, General Interest, In the News, Litigation, News & Events, Trustees Tags: , , , , , , , 0 Comments

April 21, 2017 marked one year since the death of the beloved recording artist, Prince. We have previously blogged about the legal issues surrounding Prince’s Estate that have emerged since his death. Although more than a year has now passed, the Estate continues to be engaged in litigation.

According to media reports, producer George Ian Boxill tried to release an EP containing previously unreleased songs by Prince to coincide with the first anniversary of his death. Boxill asserted that he had the right to release the music. In a lawsuit commenced by Paisley Park Enterprises, Prince’s Estate disagreed and alleged that Boxill was in breach of the recording agreement that he had signed with Prince.

The Estate was initially successful in blocking Boxill’s attempts to release the EP of new music. However, according to a new report in TMZ, Boxill has now filed additional legal documents that state that the unreleased music was not the subject of a nondisclosure agreement.

Separately, as we have previously blogged, Prince died without a Will and any known children, resulting in claims from a number of possible heirs.

According to a recent news report, the Minnesota judge presiding over the proceedings had indicated that he would not make a declaration regarding the heirs of Prince’s Estate until appeals by other potential heirs whose claims had been rejected were allowed to run their course. Lawyers for Prince’s sister and half-siblings have now argued that this delay will unnecessarily increase costs and hinder the proper administration of the Estate.

We have previously blogged about the importance of carefully addressing issues regarding intellectual property and any possible rights the estate may have after the testator’s death in a testator’s estate plan. Deceased writers, musicians and other artists may be parties to agreements that bind their estates and affect the rights and control over their intellectual property.

It is generally advisable for drafting solicitors to ensure that such legal documents are reviewed as part of a creative professional’s estate planning. It may also be prudent to obtain the advice of a lawyer who specializes in intellectual property law, to ensure that the estate plan adequately addresses any possible rights the estate may have after the testator’s death. Disputes over the beneficial ownership and control of a testator’s intellectual property can result in protracted and expensive litigation.

The legal issues surrounding Prince’s Estate reiterate the importance of careful estate planning while the testator is still alive. Lack of certainty regarding the beneficiaries of the estate, the deceased’s intentions and the property/rights of the estate can significantly increase the risk that the estate will become embroiled in protracted litigation.

Other Articles You Might Be Interested In

Intellectual Property in the Estates Context

A Cautionary Tale: Prince Dies Intestate?

Prince’s Possible Heirs: An Update

Intellectual Property – Why it’s Fashionable to Consider when Estate Planning

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