A child of five would understand this. Send someone to fetch a child of five. - Groucho Marx
Beloved comedian Groucho Marx left more than a legacy of laughter behind him. He left a long and nasty dispute over his $2.6 million estate that lasted for years and pitted his children against his late-in-life lover, Erin Fleming. At the time of his death in August, 1977, Groucho was 86, Fleming was 36. In fact, his children became estranged even before his death over the tension between them. The children charged that Fleming exercised undue influence over an aged man who had suffered a stroke. There was no question that Fleming tended toward abusive conduct, calling Groucho names, manipulating him with tranquilizers. During the dispute, she hit a bailiff with her purse! Nonetheless, the fight was so ugly, so painful to both Groucho's children and his companion, that Groucho never could have intended such a mess to erupt after his death. Groucho's cynical outlook on people proved true, but this time it was not funny and deeply hurt the people he loved or at one time loved.
Why? What could have been done differently?
One has to think that a better estate plan could have mitigated the problem. Perhaps a plan that provided for an independent trustee to take over in the event Groucho became incapacitated would have prevented any attempt to cut out his family and give his estate entirely to his companion of only six years. Groucho loved Fleming, but Groucho was enfeebled by a stroke and hip surgery and Fleming was clearly abusive. A responsible trustee could have intervened and not only made better choices for the disposition of Groucho's estate but protected Groucho from the harm he suffered at Fleming's hands. Perhaps a will or trust package that mitigated the tension by giving some money to his children and/or charities would have softened the animosity. Even if Groucho were totally estranged from his children, the wiser course of action may have been to include them in the disposition of his estate to avoid a long and costly court battle. (Groucho died in 1977 and the court battle over his estate raged until 1983.)
The outcome could not have been what Groucho would have wanted. His children remained hostile to him for trying to leave everything to Fleming. Fleming lost the estate after being subjected to years of acrimonious fighting. Groucho's wishes were ultimately not respected. There were no winners. Better advice, better planning, better provision for care in advanced age - all could have prevented this tragedy.
An experienced Estate Planning lawyer can help you plan now for your future, so you can enjoy the present and avoid heartache and conflict for your loved ones in the future.
