An estate plan’s purpose is to provide as seamless a transition of property as possible after death, in accordance with the wishes of the deceased. As families grow more complicated, so does that estate plan. While everyone would like things to go according to plan, complex estates come with complex issues.
Remarriage often initiates will contests because the traditional family structures no longer apply. When actor Alan Thicke passed away in late 2016, it kicked off a dispute between two of his sons and his third wife over the estate.
Thicke’s estate
In this case, Tanya Callau (Thicke’s wife at the time of his death) had signed a prenuptial agreement prior to marriage. With the prenup in place, her role in probate should is clearly defined. However, sons Robin and Brennan Thicke filed a petition to block Callau from challenging the prenup as a precaution. A challenge would ultimately challenge administration of the estate as well.
In this case, California probate court dismissed the petition for lack of evidence, but court petitions serve a valid role when children or potential heirs question if probate is truly serving the wishes of the deceased. Probate allows for contestation for many reasons, but it’s also a deadline-driven process with tight windows for petitions, claims and applications.
Petitions and challenges
An estate plan should speak for the deceased, but people can be manipulated into making dubious decisions – especially when in poor health, which is often accompanied by a poor state of mind. There is no law saying children are guaranteed inheritance from their parents, but state laws protect against undue influence and accidental disinheritance. When a will favors a new relationship over direct family or children, there may be an argument.
Navigating probate
Estate law is a unique legal arena with nuanced laws and tight deadlines. Anytime you’re working with estate plan administration and California probate court, an experienced estate planning attorney is advised to guide you through the process, making sure that you understand all the deadlines, your legal options and what steps to take when something seems askew.