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When somebody close to us passes away, we are left with constant reminders of them. Maybe it is a jacket hanging in the closet that still bears the scent of their cologne, a dog-eared book on their nightstand, their handwriting on a scrap of paper, a bench where they sat and fed the ducks, or the coffee cup they always used.

At times, something small—such as a phrase they used, the smell of their favorite flower, their empty place at the dinner table, or a song they loved—can trigger powerful memories and imbue the moment with their presence, reminding us that they are gone but never forgotten.

We all deal with death differently. Some of us are content with these private, persistent reminders that help keep a loved one’s memory alive. Others want to create a tangible item to remember them by that can be displayed and shared.

There are many ways to turn memories into mementos and honor a beloved friend’s or family member’s passing. These tributes can also be a creative and strategic way to use estate assets. Planning ahead provides your loved ones with more flexibility in using your money and property for dedications and memorials. A well-thought-out plan can even set aside money for such purposes.

Personalizing Death

Where—and how—Americans find meaning in life has changed in recent years. These shifts can be seen not only in how we live but also in how we choose to say goodbye.

A growing number of families are seeking alternatives to traditional funerals, which they may see as dark or gloomy. According to the National Funeral Directors Association, rates of cremation are rising, burial rates are declining, and more families are opting for “innovative and personalized services.”^[1]

People increasingly want funerals that reflect the unique life of the deceased. This includes incorporating hobbies, passions, and personal preferences into the service, such as green and alternative funeral options and nontraditional funeral locations. Choice Mutual says that the trend toward eco-friendly and alternative funeral options “reflects a growing environmental consciousness and a desire for more . . . meaningful end-of-life ceremonies.”^[2]

With religion and religious observances on the decline, many people do not want a funeral. Celebration of life services that emphasize personal stories and memories are gaining traction. These services often incorporate touches such as the deceased’s favorite music, photos, hobbies, and shared stories.

Even among those who prefer a more traditional burial, there is a shift toward personalized memorials, including headstones etched with portraits and even virtual tombstones and QR codes linked to digital stories.

Cost may also influence some of these choices. The median cost of a funeral with a casket and burial is around $8,000, while an alternative cremation casket and urn can cost around $6,000.^[3] A majority of Americans told Choice Mutual that they rely on life insurance or burial insurance to cover funeral costs.^[4] Fewer rely on personal funds or prepaid burial plan options.^[5]

Beyond the Gravestone: Thoughtful Tributes to Memorialize a Loved One

If you ever sit on a park bench that bears an inscription memorializing a nature-loving local, you may find yourself wondering about them and their life. The inscription might also inspire you to do something special for someone you love.

Here are some heartfelt and creative ways to celebrate a loved one’s memory:

• Display photos. Photos on your phone can be given a newfound meaning and purpose in a display that tells the story of a dearly departed. Use a traditional picture frame, set up a digital frame that displays multiple photos as a slideshow, or create a gallery wall with multiple shots from your loved one’s travels, family milestones, and quiet everyday moments that defined them.
• Make a donation. Buildings and exhibitions that bear the names of affluent, generous citizens are beyond the financial means of most families, but there are other meaningful—and affordable—ways to honor a loved one’s memory. Consider a donation in their name to a place they loved visiting or volunteering at, such as a zoo, animal shelter, or place of worship.
• Volunteer your time. You might not know much about Mom’s weekly shifts at the shelter, but now that she is gone, you can reconnect with her—and build new connections—by volunteering yourself and carrying on the work she cared deeply about.
• Plant a tree or garden. In lieu of sending flowers, plant some instead. A memorial garden or tree planted in honor of a loved one, perhaps on family land or in a community park they frequented, creates a living legacy. Add a plaque with their name or a quote they lived by and choose plants tied to their personality or specific memories.
• Create a memory book or scrapbook. Sorting through and cleaning out the belongings of a deceased loved one can be physically burdensome and emotionally draining. To help process your grief and turn these leftover items into meaningful reminders, collect photos, letters, and other odds and ends for a memory book or scrapbook.
• Transform ashes into keepsakes. Scattering your loved one’s ashes in a special location is one way to experience closure. Another option is to have their ashes turned into a keepsake, such as cremation jewelry, an ornament, a paperweight, artwork, or a cremation tattoo.
• Start a scholarship fund in their name. For a loved one who championed education or a specific cause, a scholarship or grant funded in their name lets them continue to make a positive impact on the lives of others.
• Cook up a recipe book. The sense of smell is uniquely linked to memory and can spark a strong emotional reaction. Pay homage to a loved one who cherished special meals by compiling their favorite recipes into a book to share with family and friends that makes reconnecting as easy as following the steps and measurements.
• Commission custom artwork. Turn their intangible essence into a tangible work of art. It could be a portrait or poem reflecting their love of nature that you attach to a favorite tree; a piece dedicated to a local library they visited; a book crafted from letters and recordings; a painting, sculpture, or digital artwork inspired by their life; or photos woven into a slideshow that tells their story.
• Create mementos from their belongings. When your loved one passes away, they leave behind all of their worldly possessions, including their clothes. Instead of throwing away or donating all of their clothing, consider repurposing a few meaningful pieces as blankets or stuffed animals that can be given to loved ones.

For additional inspiration and discussion on how to remember your loved one, schedule a meeting with us today. We can also work together to create an estate plan that will allow your memory to live on for generations to come.

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1. U.S. Cremation Rate Is Projectd to Climb to 61.9% in 2024, NFDA (July 25, 2024), https://nfda.org/news/media-center/nfda-news-releases/id/8944/us-cremation-rate-is-projected-to-climb-to-619-in-2024. ↩︎
2. Anthony Martin, 2024 Survey Results: Alternative Burial Options & Preferences Across America, Choice Mutual (Jan. 10, 2025), https://choicemutual.com/blog/funeral-preferences. ↩︎
3. Statistics, NFDA (Sept. 24, 2024), https://nfda.org/news/statistics. ↩︎
4. Martin, supra note 2. ↩︎
5. Id. ↩︎

Estate planning attorneys are often asked where original estate planning documents—wills, trusts, powers of attorney, and healthcare directives—should be stored for safekeeping. While there is no right or wrong answer to this question, consider the following:

Should you store your original estate planning documents in your safe deposit box?

Some people believe that the best place to store their original estate planning documents is in their safe deposit box at a local bank. This may make sense if you have given your spouse or a trusted child, other family member, or a friend access to your box. However, giving someone permission to access your safe deposit box does not give them the same legal rights to it that you have. Because a safe deposit box is a rental arrangement (you are leasing the box from the bank), if you are the only one who signed the lease and you become incapacitated (unable to manage your affairs) or die, no one else will be able to open your box, not even the people to whom you have previously given access. Depending on your state law, the only way for someone else to gain access to your box if you become incapacitated or die may be to obtain a court order, which wastes time and money.

If you are not comfortable giving someone else immediate access to your box, some banks may allow you to add your revocable living trust as an additional lessee, which will give your successor trustee access to your box if you can no longer serve as trustee of your trust for any reason. Also, if you use a safe deposit box to store important items such as your estate planning documents, ensure that your trusted loved ones know which bank has the box—and the exact branch where it is located. They will also need to know where you keep the key. 

One final caution about using a safe deposit box for your estate planning documents: Banks have limited hours. If your loved ones need to access your documents outside of banking hours, they will not be able to.

Should you store your original estate planning documents in your home safe?  

Home safes are popular these days, and are a good choice to store your documents. Consider how difficult yours is to move (bolted to the floor). It should be fireproof and waterproof. In addition, ensure that someone you trust has the combination to your safe or can easily gain access to the combination if you become incapacitated or die. 

Should you ask your estate planning attorney to store your original estate planning documents?

Traditionally, many estate planning attorneys offered to hold their clients’ original estate planning documents for safekeeping (usually without charging a fee). Today, most do not want to take on the liability. In addition, as the years go by, it may become difficult for your loved ones to track down your attorney, who could have changed firms, become incapacitated, or died.  

Should you ask your corporate trustee to store your original estate planning documents?  

If you have named a bank or trust company as your executor/personal representative or successor trustee, this may be the best place to store your original estate planning documents if they are willing to do so. Banks and trust companies often have specific procedures in place to ensure that your original estate planning documents are stored in a safe and secure area. If you choose this option, ensure that one or more of your loved ones know where your original documents are located.

Regardless of where you decide to store your original estate planning documents, ensure that your family members, a trusted friend or advisor, or your estate planning attorney knows where to find them. If your original documents cannot be easily located, it may be legally presumed that you purposefully destroyed them, depending on your state law. Without your estate planning documents, your money and property will be divided among your family according to state law and distributed outright. It will not matter that you wanted something different if no one can find your documents. If you have questions about the best place to store your documents or would like to discuss creating or updating your documents, call us at (812) 323-8300 or visit us at www.LikeLawGroup.com

Many estate plans contain revocable living trusts that will become irrevocable (cannot be easily changed or terminated) when the trustmaker dies. Such trusts may benefit the surviving spouse during their lifetime and may continue for the benefit of several additional generations. Because these trusts can be designed to span multiple decades, it is crucial to choose the right succession of trustees.

Does Your Chosen Successor Trustee Have to Act Right Away?

When you create your revocable living trust, you will usually be the initial trustee. You will still be in charge of managing your accounts and property as you see fit while you are alive and well, but the trust becomes the legal owner of those accounts and property instead of you as an individual. However, you will likely also be the beneficiary of the trust while you are alive, so you will be able to benefit from the trust’s accounts and property throughout your lifetime. With this arrangement, your selected successor trustee will not step in to manage your property unless you resign or desire someone to act as co-trustee with you, you become incapacitated (unable to manage your affairs), or you pass away.

Should You Name Family Members as Your Successor Trustees?

Your trust is intended to continue for years, so choosing the right succession of trustees is critical to its longevity and ultimate success. The successor trustee you select could be the same person paying your bills if you are alive but incapacitated (your agent under your financial power of attorney), or they could be someone different.

You may assume that a family member, such as your spouse, a sibling, or an adult child, will be the best person to serve as the trustee of your trust when you are no longer able to serve. You may think family members will better understand the varying needs of your beneficiaries and keep the costs of administering the trust down.  

However, in reality, family members may not be able to fulfill all of their fiduciary obligations, either because they do not have the time or because they do not feel comfortable managing the financial, legal, or distribution requirements of the trust. If family members are not the best option for your successor trustee, you may be able to choose a corporate or professional trustee. One advantage of selecting these types of trustees is that they can often meet all fiduciary obligations under one roof for a specified fee. In addition, a corporate or professional trustee will act in an unbiased manner when making distributions and investments, which will benefit current and future beneficiaries. This option can be beneficial if you have a blended family and would like to provide for your surviving spouse while having anything that is left over held for the benefit of your children from a prior relationship. In situations like this, you may not want your surviving spouse or child from a previous relationship to be in charge of managing the money because they could have conflicting priorities. Also, a corporate or professional trustee will not get sick or be too busy to oversee the trust’s day-to-day administration.

Should You Give Your Beneficiaries the Power to Remove and Replace Trustees?

Forcing your trust beneficiaries to be stuck with the wrong trustee without a reasonable means for removing and replacing them may cause an expensive visit to the courthouse. 

It may be necessary to build provisions into your trust agreement that will allow your beneficiaries or an independent third party, such as a trusted advisor or a trust protector, to remove and replace the trustees without court intervention. The fact that the trustee can be removed and replaced without going to court is often an incentive for the trustee to work out any differences with the beneficiaries. On the other hand, to prevent beneficiaries from removing trustees without valid cause, you might prefer to involve the court if a trustee needs to be removed.

What Should You Do?  

Selecting a successor trustee is one of the most important decisions you will make when creating a trust. Though family members or loved ones may be your initial choice, you should give serious consideration to designating a corporate or professional trustee, either alone or as a co-trustee with a family member or loved one.

If you have family members named as your successor trustees, please contact our office so that we can discuss all of your trustee options.

Estate planning is an exercise in anticipating potential future events that could affect your plans for what happens if you become incapacitated (unable to manage your own affairs during your lifetime) and how your assets (property and accounts) will be handled after your death. The more you plan for what life might throw at you, the less you leave to chance—and the more protected your legacy and loved ones will be. 

However, is there such a thing as being too prepared? 

For parents of minor children, too much planning is generally preferable to not enough. The same can be said for those who are expecting a child or planning to adopt. However, if you do not have children at your death and your estate plan references a child who exists only in theory, it can present unnecessary complications. 

While it might be a good idea to acknowledge future children in your estate plan, avoid getting bogged down in the details. Default language, regular estate plan reviews, and clear communication with trusted decision-makers can help strike the right balance. 

• Pros. If you anticipate having a child sometime in the future, you can create a flexible plan that considers the possibility and guarantees their inclusion in your estate plan, preventing their accidental disinheritance and allowing you to express your guardianship wishes. Having a plan is better than having no plan. 
• Cons. Planning too far in advance may be overkill if you are not currently expecting or planning to have children. It could lead to a plan that does not align with present circumstances or your future wishes and makes it harder for your executor or trustee to smoothly wind up your affairs. Flexibility and simplicity are key. 

Many Parents Lack Estate Planning Documents

Some of the latest findings on estate planning paint a concerning picture about the preparedness of Americans to deal with their sudden death or incapacitation. 

According to a 2025 survey from Caring.com, the number of Americans with a will has declined steadily since 2022 and is now at around 24 percent. In other words, around three in four Americans have no plan for how their money and property will be distributed at their death, who will inherit it, when their beneficiaries will receive their inheritances, who will control distribution, and who will raise their minor children if something happens to them. 

While the birth of a child was the fifth most common reason for individuals without an estate plan to consider creating one, the majority of respondents with minor children have no estate plan.

This situation is particularly concerning because it means that many parents have no plan in place to protect their children if they die or an illness or injury prevents them from taking care of their children, either temporarily or permanently (i.e., incapacity). 

Parents without an estate plan might not realize that a will does more than handle accounts and property—it lets them provide specific guidance about who should care for their minor children in the event of an emergency. By outlining guardianship in a will, parents get a voice in deciding who takes responsibility for their children instead of relying solely on the court.

Considering Future Children in an Estate Plan

Many parents have not even planned for their existing children, let alone children who are not yet born or may never exist. 

Planning for future children in an estate plan represents the other side of the planning coin and presents the prospect of being overprepared, but it is not entirely unwarranted. 

The accidental omission of a child in an estate plan does occur. There are prominent examples of this happening to the children of celebrities, such as Heath Ledger. When Ledger died in 2008, his will—written before his daughter, Matilda, was born—left everything to his parents and siblings. Despite this, Ledger’s family chose to give his entire estate, worth around $16 million, to Matilda.

The cause of inadvertent omissions in such cases is that the parents’ estate plans had not been updated after the children were born. This highlights the importance of regularly reviewing and updating an estate plan, especially when your family is growing—whether through a pending birth or adoption. 

Among people who do have an estate plan, there is a tendency to “set it and forget it” and not make regular updates. Caring.com found that nearly one-quarter of respondents had not updated their estate plan since creating it. Others had waited a decade or more, instead of the recommended three to five years, to update their plan. 

Planning for children who are not yet part of the family can avoid the worst-case scenario of parents failing to put guardianship and inheritance measures in place, as well the equally disastrous scenario of having an out-of-date estate plan that omits a new family member. However, it adds layers of complexity and requires a balance between planning ahead and avoiding overly convoluted what-ifs that make a plan difficult to execute. 

Parents who want to plan for future children should focus on creating a solid but flexible foundation that can be easily adapted as life changes. Here are some ideas about how to achieve that: 

Use Inclusive Language in Your Documents

Broad estate plan provisions can ensure that any future child is automatically considered part of your estate, alongside your other children if you have any, and receives a share of it. For example, phrases such as “all my children, living or hereafter born or adopted” cast a wide safety net that captures all your children, born and unborn. 

Using language that treats all children equally can prevent accidentally leaving a future child out of your estate plan. It can also help avoid familial strife or legal battles over inheritance. 

This approach assumes that you would want a new child to be treated the same way as your other child(ren). However, as parents know, no two kids are the same. What might be suitable for one may not make sense for another. Therefore, it is equally important to update your plan following the birth or adoption of any children. 

Consider Trust Provisions

Parents have the flexibility to decide how distributions will be made to their children, whether through a revocable living trust or testamentary trust provisions in their wills. Trusts can be set up to manage money and property for future children under the direction of a trustee, allowing distributions to be made when certain conditions are met, when specific milestones are reached, or entirely at the trustee’s discretion. 

Giving wide authority to a trustee can help offset future uncertainties about when and how distributions should be made, but relying so much on a single individual can be risky, particularly when you are not sure how an unborn or yet-to-be-adopted child will turn out and what their needs will be.

Express Guardianship Wishes

When it comes to guardianship for future children, you are not naming a guardian for a specific child but establishing a guideline for guardianship of any and all minor children. Clauses might stipulate that the guardian named for existing children will be the same for a prospective child. However, before taking this step, talk to potential guardians about their willingness to take on additional responsibilities. 

You may understandably want to keep the kids together and not name multiple guardians, but kids can have specific or special needs that are better suited to different guardians, and this is impossible to know before a child is born or adopted. Again, no two children are exactly alike. 

Naming a guardian too far in advance can also fail to account for changing circumstances in both the children’s and the guardians’ lives. Understand that for all of your children—actual and hypothetical—expressing guardianship preferences does not guarantee a specific outcome. The court will ultimately make the final decision based on the child’s best interest after considering the prevailing circumstances. 

Avoid Excessive Complexity

A thorough estate plan that broadly incorporates what could happen is generally a good approach. However, the more contingencies you plan for, the more complex your estate will be to administer after your death. 

Including numerous if-then scenarios could overwhelm executors or trustees and potentially lead to prolonged probate, higher legal costs, and disputes about your true intentions. 

Plan for What Happens If You Die Without Children

Depending on how your plan is structured, planning for children you never have can produce several outcomes: 

• If your will or trust uses broad terms such as “my children” or “my descendants” or your plan references specific children who were never born or adopted—and you end up childless—your money and property will typically pass to your named contingent (backup) beneficiaries, if any.
• If you created elaborate alternative distribution plans, your executor or trustee would have to determine which scenario, if any, applies. In the absence of applicable scenarios, your money and property would likely pass to your contingent beneficiaries, or, in the absence of those, according to your state’s default inheritance laws.
• If you did not name contingent beneficiaries and there are no other clear instructions in your estate plan, your estate may need to go through the probate process. The probate court will use default state laws to determine who will receive your money and property, most likely your spouse, parents, siblings, and other relatives. 

Helping You Plan for Every Scenario

When incorporating unborn children into an estate plan, the goal should be clarity and simplicity to make the execution of your estate as smooth as possible. 

Do not overthink the specifics of how to divide your money and property among hypothetical future children. Focus on creating a flexible plan that accounts for the possibility of future children and clearly outlines your wishes for guardianship as well as the distribution of your money and property—both with and without children.

The most important thing is to have a plan in place and to update it in accordance with life’s changes. With help from an estate planning attorney, you can create a plan that balances what the future might hold and the demands of the here and now. 

From laws against selling doughnuts on Sundays to ordinances that prohibit tying a giraffe to a telephone pole, the annals of American jurisprudence are filled with archaic laws that, while still technically on the books, are rarely, if ever, enforced.

In Alabama, it is illegal to wear a fake mustache in church if it causes laughter. Massachusetts forbids dueling with water pistols. In Oklahoma, tripping a horse is a misdemeanor. 

However, not all outdated laws are mere trivia or historical oddity. Unlike these whimsical holdovers from a bygone era, dower rights, a centuries-old protection for surviving spouses (usually the wife), are actively enforced in several states and can impact estate planning in those states. Dower rights can also resurface in some states where they are no longer on the books if a spouse died prior to the law’s abolishment.

Although dower rights and other state laws (such as the elective share law Indiana has adopted) can provide a surviving spouse with a safety net, they are not a substitute for intentional estate planning; spouses are well advised to go beyond minimum legal requirements to incorporate more modern—and robust—legal protections for each other. 

What Are Dower Rights?

Historically, dower rights, a legal concept dating back to English common law, gave widows the right to one-third of their husband’s estate for their lifetime, providing them support at a time when women could not own property. 

Similar rights, known as curtesy rights, entitled a widower to his deceased wife’s property for the widower’s lifetime—but only if they had children together. 

In the few states where they persist today, dower and curtesy rights grant a surviving spouse an automatic interest in real estate owned by the deceased spouse, whether or not the surviving spouse is omitted from legal documents. 

How Do Dower Rights Work?

Dower rights grant the surviving spouse an ownership interest known as a life estate in the deceased spouse’s real property. 

A life estate means that the surviving spouse can use and enjoy the property during their lifetime, but they cannot sell it outright. Upon the surviving spouse’s death, ownership of that portion of the property typically passes to the next of kin or the deceased spouse’s named beneficiaries. Dower rights also terminate when spouses divorce; in some states, spouses may sign a release forfeiting their dower rights. 

Dower rights supersede a last will and testament, meaning that the surviving spouse retains their dower interest even if they are left out of their spouse’s will or their spouse dies intestate (without a will). These rights apply to real estate regardless of whether the surviving spouse is named on the property’s title. 

Dower and curtesy have mostly been abolished or replaced by more modern statutes, but they remain on the books in Arkansas, Ohio, and Kentucky.

• In Arkansas, a spouse’s share depends on having children. The surviving spouse gets a one-half life estate in the deceased’s real property if the deceased spouse had a child or children, or one-half outright (not a life estate) if the deceased spouse had no children. This right takes precedence over creditors’ claims in probate.

• In Ohio, a surviving spouse gets a life estate in one-third of the deceased spouse’s real property that they owned during the marriage. The right, which ends only by death, divorce, or written release at each property transfer, allows them to also receive one-third of rents or profits from the property for life.

• In Kentucky, when a spouse dies owning property in their sole name, the surviving spouse inherits half of that property outright. The surviving spouse can also receive a life estate in one-third of any real estate the deceased spouse owned during the marriage but not at the time of death. 

How Dower Rights Can Affect an Estate Plan

Dower rights can complicate estate planning and must be taken into consideration in the three states where they apply. They may still apply in other states if the spouse died prior to the abolishment of dower rights laws. 

In these instances, because the surviving spouse has a legal claim to a portion of the deceased spouse’s property, the deceased spouse cannot just leave the entire property to someone else in their estate plan. 

As a result, dower rights can complicate plans to sell or transfer property and may potentially conflict with the deceased’s wishes—especially if the deceased wanted their children or others to inherit outright.

If someone wants to leave their entire property to their children from a previous marriage, dower rights could give their current spouse an ownership stake or life interest in some of that property, leading to conflicts between the estate plan’s beneficiaries and the surviving spouse. 

For example, a person in a second marriage who owns a home solely in their name may wish to leave the home to children from their first marriage. However, if they reside in Kentucky, their current spouse may have a life estate in one-half of the home. This means that the surviving spouse can live in it or rent it out (and collect rent from one-half of the property’s value) for the rest of their life. The children from the first marriage still inherit the house as the will directs, but their ownership is subject to the current spouse’s one-half life estate. They do not get full control until the current spouse dies.

A surviving spouse’s dower rights in Arkansas, Ohio, and Kentucky are difficult—but not impossible—to terminate. Kentucky considers an act of adultery and subsequent abandonment grounds for canceling a spouse’s dower rights. In some cases, prenuptial or postnuptial agreements may also be used to waive or modify dower rights. 

Other Ways Surviving Spouses Are Protected

As societal norms have shifted and legal frameworks have evolved to reflect a more equal view of spouses in a marriage, dower and curtesy rights have largely been consigned to the dustbin of history. 

In 2017, Michigan was the last state to repeal dower rights following the US Supreme Court’s 2015 decision in Obergefell v. Hodges, which mandates states to recognize same-sex marriages. By eliminating dower, Michigan modernized its inheritance and marital property laws to treat spouses equally, regardless of gender.

However, the spirit of dower and curtesy rights as the safety nets of their time, protecting surviving spouses from possible destitution and dependency, live on in a modern legal concept known as the elective share. 

An elective share is a legal provision that permits a surviving spouse to claim a minimum share of accounts and property from their deceased spouse’s estate, regardless of the deceased spouse’s estate plan. 

Like dower rights, the intention of the elective share is to prevent a survivor from being disinherited and left destitute and gives them some level of guaranteed financial security. 

Also known as a spousal share or forced share in some jurisdictions, the specifics of the elective share vary by state, but generally, it gives the surviving spouse the option (hence the term elective) to either accept what is left to them in their deceased spouse’s estate plan or instead take a legally defined percentage of the deceased spouse’s assets—usually between one-third and one-half, depending on the state.

Most states, including Indiana, have an elective share law. California is a notable exception, but it and other states have laws—including community property laws, homestead exemptions, and spousal and family allowances—that protect surviving spouses in a similar manner. 

Take Protection into Your Own Hands

While dower rights and more modern protections such as elective share and community property laws offer a fallback for surviving spouses, they should not be exclusively relied on. Every marriage and every family has unique dynamics. Relying on default provisions and automatic protections may not adequately address a surviving spouse’s specific needs or your unique goals and objectives. 

Married couples can incorporate additional protections for their spouses into their estate plan, such as life insurance, beneficiary designations on retirement accounts, and a trust that provides income for a surviving spouse while preserving property for other loved ones. Owning property jointly with rights of survivorship can also provide for a surviving spouse by passing property to them directly, outside of probate. In some cases, a prenuptial or postnuptial agreement can help clarify financial rights and responsibilities, especially in second marriages or when one spouse has significantly more assets than the other. 

A strong estate plan goes well beyond the minimum legal requirements a state may offer and is tailored to a family’s unique situation and changing circumstances. Spouses should work together with an estate planning attorney to create a custom plan that respects state law, each other, and their personal and shared concerns. Call us to discuss how we can help you provide for your spouse and address any additional unique concerns that are a priority for you.

Do you ever feel like you never have a moment to yourself? Or that even if you manage to carve out some personal time, you are not spending it as effectively as you could be? 

Our always-on culture may counterproductively (and counterintuitively) be holding us back from achievement. We can work hard and stay busy without making any real progress on our long-term goals. Caught up in our day-to-day lives, we may lose track of the future and what we are working toward. 

By reflecting on your successes and failures from the past year and your priorities moving forward, you can bring more intentionality to your life and make conscious choices, including estate planning decisions, that align with what truly matters to you—not just now, but in the long run. 

What Is a Planning Retreat? 

You might have heard of a wellness retreat—a type of getaway that offers the chance to focus on self-care, relaxation, and spiritual growth.

A planning retreat is similar to a wellness retreat. Both are intended to promote time away from the stresses and distractions of everyday life. Both have become more popular in response to the burnout that many of us feel living in a fast-paced, tech-connected society that increasingly blurs the lines between work and personal life. While wellness retreats are more about enhancing present well-being, planning retreats emphasize achieving future goals—both personal and professional. 

A personal planning retreat can be a game changer. By removing yourself from your usual routine to self-reflect, set goals, and plan strategically, you can come away with a renewed focus about your future and the steps needed to get there. When you have a plan in place, you feel more in control of your circumstances, which can reduce the anxiety and stress that may hold you back from making real progress. 

How Does a Planning Retreat Work? 

A planning retreat does not require specific rules to be effective. You just need to set aside a meaningful amount of time to reflect on the past year and chart your course for the year ahead. 

Think of your planning retreat as your personal company retreat, although if you have a significant other, you might consider making it a joint effort to ensure that you are on the same page with regard to planning. 

Here are some ideas to help you make the most of a planning retreat: 

• Look back. Spring in particular is associated with fresh starts and renewal. Take some time to review the past 12 months. What were your wins and losses? Which projects exceeded expectations, and where did you fall short? What could you do differently next time? Were there things you wanted to get done but did not? Conversely, did you spend time on projects that did not move the needle or that could have been better spent elsewhere? An honest assessment can provide valuable insights that will inform your plans for the next 3, 6, or 12 months. 
• Look ahead. What do you want to achieve in the next 12 months? Start by planning for the things you know you must get done. Then make plans for things that are not required but would improve your life. These may be bigger-picture considerations such as starting a new business, reviewing your finances, budgeting, and creating an estate plan. As you plan ahead, identify fixed events—such as vacations, work projects, and school activities—that you cannot easily reschedule and will need to work around.
• Develop an action plan. A goal without a plan is just wishful thinking. Creating a roadmap for how to achieve your goals and writing it down can increase your chances of success. For each goal, outline the steps needed to achieve it. Make the steps specific, measurable, and perhaps most importantly, realistic. Identify the resources—including that most precious of resources, time—required to bring your vision to fruition, as well as the potential obstacles you might encounter and how you will deal with potential setbacks. 

Early in the planning process (say, day one), you can take a more casual approach, such as brainstorming and journaling, to give you time to relax and your thoughts space to breathe. Try writing by hand, which science suggests is better for processing information. 

Choose a location that inspires you and promotes reflection. You do not have to retreat to a secluded mountain cabin the way Bill Gates did on his “think weeks,” but you should pick a place that takes you away from your usual routine and daily distractions. That could mean taking a staycation at a hotel or Airbnb. 

Planning retreats should not be all work. Schedule time for activities that help you relax and recharge, such as reading, taking a walk in nature, meditating, or simply enjoying some quiet, uninterrupted time.

The typical planning retreat can last from two or three days to a week. If your schedule does not allow for that, a full day or series of afternoons can be just as effective. Plan your retreat in advance and block off the time on your calendar. 

Before packing your bags, clarify your retreat’s main purpose. Are you primarily focused on career planning, personal growth, relationship goals, financial planning, or a combination of these? Having a clear focus and intention will help you structure your time to address your priorities. 

Whatever objectives you set, tie them to tangible outcomes. For example, instead of setting the goal of “review my estate plan” or “start the estate planning process,” a more specific objective might be to choose guardians for your minor children, set up a trust, or identify changes during the past year (e.g., a marriage or death in the family) that should be reflected in your estate plan. 

Annual Planning Retreats and Estate Planning

Setting clear, achievable goals can help reduce procrastination and increase the likelihood that you will follow through on them. 

Procrastination is the top reason people provide for not having an estate plan. Fewer than one-quarter of Americans reported having a will in a 2025 survey, and nearly half of respondents said their lack of estate planning is because they “just haven’t gotten around to it.” 

However, around 1 in 5 respondents without a will have started to talk to their loved ones about their wishes or to research estate planning online, while about 1 in 10 have started to write down a basic plan. 

These findings suggest that many people want to start estate planning but have not formally begun the process. In many cases, their efforts stop short of consulting a lawyer or creating legally valid documents—concrete actions that turn estate planning from a vague to-do item into an officially documented plan. 

If you recognize the importance of estate planning but have not yet prioritized it, put it on your planning retreat agenda. When you are ready to take the next step, contact our office and schedule an appointment with an estate planning attorney. 

Fighting over provisions in your will or trust can derail your final wishes, rapidly deplete your financial legacy, and tear your loved ones apart. However, with proper planning, you can help your family avoid a potentially disastrous fight.  

If you are concerned about challenges to your estate plan, consider the following:

1. Do not attempt do-it-yourself solutions. If you are concerned about a loved one contesting your estate plan, the last thing you want to do is attempt to write or update your will or trust on your own. Only an experienced estate planning attorney can help you create and maintain an estate plan that will discourage lawsuits, carry out your wishes, and ensure all legal formalities are followed. 

1. Let family members know about your estate plan. When it comes to estate planning, secrecy breeds contempt. While it is not necessary to let your family members know all the intimate details of your estate plan, you should let them know that you have taken the time to create a plan that spells out your final wishes and whom they should contact if you become unable to manage your affairs or die. If you want your family to know the key details of your plan, you can hold a family meeting with an estate planning attorney. A family meeting is a proactive way to ensure that your desired family members understand your estate plan and the decisions you have made. This transparency can help prevent misunderstandings, reduce the risk of disputes, and provide an opportunity for your loved ones to ask questions in a supportive environment. By addressing potential concerns in advance, you can foster clarity, alignment, and a smoother transition when the time comes.

1. Use discretionary trusts for problematic beneficiaries. You may feel that you cannot leave a loved one an inheritance because of concerns that they will squander it, use it in a manner that clashes with your beliefs or spend it in a way that is harmful to them. However, there is an alternative to disinheriting someone. For example, you can require that the problematic beneficiary’s share be held in a lifetime discretionary trust and name a neutral third party, such as a bank or trust company, as trustee. This will ensure that the beneficiary will receive their inheritance according to the terms and conditions you have dictated while keeping the money out of the hands of unintended parties, such as creditors or an ex-spouse. You will also be able to control who will inherit the balance of the trust if the beneficiary dies before the funds are completely distributed. If you want fewer instructions or restrictions on your loved one’s inheritance, you can place it in a trust and leave instructions for distributions to be made at specific ages or upon attaining certain milestones. You can customize when and how they receive their inheritance. There is no requirement that your beneficiary receive their inheritance outright.

1. Keep your estate plan up-to-date. Estate planning is not a one-time transaction—it is an ongoing process. You should update your estate plan as your circumstances change. An up-to-date estate plan shows that you have taken the time to review and revise your plan as your family and financial situations change. This, in turn, will discourage challenges since your plan will encompass your current estate planning goals.

Following these four tips will make your loved ones less likely to challenge your estate planning decisions and more inclined to fulfill your final wishes. If you are concerned about loved ones contesting your will or trust, please contact us as soon as possible.

In many families, everyone gets along, happily gathering for the holidays, sharing laughs, telling stories, and enjoying each other’s company. Then, the matriarch or patriarch dies. Suddenly, years of pent-up resentment and hurt feelings surface, and the once-happy family is now embroiled in litigation over the head of the family’s money and property.

Having an Estate Plan Is Crucial to Your Family’s Success

When everyone is alive and happy, it is easy to think that nothing will break a family apart. Many people think that since everyone gets along, estate planning is unnecessary because everyone will look out for one another and do only what is fair. However, having a properly prepared estate plan is crucial. Failing to plan not only takes all the control out of your hands but can also leave hurt feelings and possible confusion over your true wishes. This confusion may force family members to pursue the only source available to resolve the misunderstanding: probate court.

Not Just Any Estate Plan Will Do

While a lack of planning can lead to disastrous consequences, poor planning can be just as harmful. Documents that are outdated, vague, or improperly prepared can lead family members to challenge them. Family members may have differing opinions about your intentions if your documents are unclear. This is especially unfortunate if you have a trust: one of the primary reasons to prepare a trust is to avoid court involvement. A trust contest, however, places your loved ones and the provisions in your trust under court scrutiny.

You May Be Able to Use a No-Contest Clause

If your documents are up-to-date and clearly state your intentions, but you worry that your decisions may displease your family, in some states you can include a no-contest clause that could help prevent or limit challenges to your will or trust. A no-contest clause is a provision that states that if a beneficiary contests your will or trust (whichever document contains the clause) and is unsuccessful, they will receive nothing. However, the effectiveness of no-contest clauses can vary by state, so if you think your family might contest your wishes, seeking an experienced estate planning attorney’s help is incredibly important.

A common situation where contests can arise is when someone is left out of the will or trust. If you want to disinherit a family member intentionally, consider leaving them a nominal amount at your death and using a no-contest clause, as these clauses apply only to named beneficiaries. The beneficiary has something to lose if their contest is unsuccessful, so this may discourage them from contesting your wishes in the first place. However, as previously mentioned, you need to work with an experienced estate planning attorney to ensure that this strategy is best for you based on your state’s law and your family’s situation.

You Can Protect an Inheritance with Proper Planning

Alternatively, if you are concerned about a beneficiary receiving money outright because of creditor issues, spending habits, etc., you need not disinherit or leave them out of your estate plan. Leaving money to a family member does not have to be an all-or-nothing decision. By utilizing a discretionary trust, you can set aside money for the individual to be distributed by a trustee when and how the trustee deems appropriate. If you do not want to put such tight restrictions on a beneficiary’s inheritance but still want a level of protection, you can have a beneficiary’s inheritance held in a trust and distributed to them at specific ages or when they reach certain milestones. You do not have to leave your loved one an inheritance outright without any requirements or stipulations.  

A Proper Estate Plan Can Help Avoid Contests

Having a well-drafted, up-to-date estate plan is crucial regardless of your family situation. Will or trust contests can be costly and quickly drain what you want to leave behind for your loved ones. We can assist you in creating an estate plan that will ensure that your wishes are carried out and that harmony can be maintained within your family after you are gone. Call us today to schedule an appointment.

Trusts are widely used in estate planning to protect and transfer a person’s assets (money, accounts, property, etc.), sometimes in a tax-advantaged manner. Some trusts are highly complex, with multiple parties, intricate structures, specialized legal terms, and references to arcane tax law that can be difficult for the average person to understand.

Scammers have long taken advantage of this complexity to dupe taxpayers into too-good-to- be-true trust solutions. The Internal Revenue Service (IRS) recently drew attention to a trust tax avoidance scheme involving what are known as § 643(b) trusts.¹ It also warns about another type of trust scam that relies on the so-called pure trust or constitutional trust to make false claims about avoiding taxes and protecting assets.² 

While legitimate trusts can be powerful tools for estate planning, asset protection, and tax efficiency, fraudulent trusts misuse these principles to deceive individuals. The IRS pays close attention to potential trust tax evasion schemes, and taxpayers who fall victim to a trust scam could potentially face civil and even criminal penalties, making it crucial to create a trust only with a qualified, reputable estate planning attorney. 

Trust Scams on the Rise

According to the IRS, in the past few years there has been a “proliferation of abusive trust tax evasion schemes”³ targeting wealthy individuals, small-business owners, and professionals such as doctors and lawyers. These schemes falsely promise benefits such as

• the reduction or elimination of taxes,
• reduction or elimination of income subject to tax,
• depreciation deductions, and
• a step-up in basis for trust assets.⁴

These trust scams commonly use a layered structure to give the appearance that a taxpayer does not control the trust when in fact they do. Transparency of control over trust assets is important in determining, among other things, which party is responsible for paying any corresponding tax liability.

The IRS also notes that abusive trust schemes frequently entail multiple trusts that distribute assets to one another.⁵ Trust funds may flow from one trust to another using rental agreements, fees for services, purchase and sales agreements, and distributions, with the goal of using inflated or nonexistent deductions to “reduce taxable income to nominal amounts,” says the IRS.⁶

Trust scam promoters typically charge $5,000 to $70,000 for a package that comes with trust documents, trustees, and tax return services, adding to the appearance of legitimacy.⁷ However, the IRS cautions that these phony trust arrangements will not produce the promised tax benefits.⁸ 

Types of Trust Scams 

The Pure Trust Scam

One type of trust scheme highlighted by the IRS involves the transfer of a business to a trust it calls a pure trust or constitutional trust.⁹ The pure trust scam makes it look as though the taxpayer has given up control of their business even though they still run its day-to-day activities and control the income stream.¹⁰ 

Promoters of such scams often claim that placing assets in a pure trust can exempt them from taxes.¹¹ They use misleading language and pseudolegal jargon to make it seem like these trusts have special legal status and may claim that they are based on common law or constitutional principles exempting them from state or federal jurisdiction. However, the IRS clarifies that there is no legal basis for these claims.¹²

Actor Wesley Snipes is a notable example of someone misled by a variation of the pure trust scam. Snipes relied on an argument that courts have repeatedly rejected—the “861 argument,” which misinterprets § 861 of the Internal Revenue Code (I.R.C.) to falsely claim that domestic income is not taxable.¹³ 

The IRS alleged that Snipes did not file tax returns for several years and committed fraud.¹⁴ He was convicted of tax evasion charges and served time in federal prison, in addition to owing back taxes, penalties, and interest.¹⁵ 

643(b) Trust Scams

Versions of the pure trust scam date back decades. Despite increased awareness of these scams and the IRS pursuing them in their various iterations, they continue to resurface, often rebranded under different names such as complex trusts and patriot trusts or targeting new demographics.

The IRS details one such rebranding of the pure trust scam in a 2023 memorandum challenging trusts that similarly—and just as falsely—claim to avoid income and capital gains taxes.¹⁶ 

Promoters assert that these trust arrangements receive special tax benefits under I.R.C. § 643(b), hence the name 643(b) trusts. The IRS refers to them in the memorandum as a nongrantor, irrevocable, complex, discretionary, spendthrift trust—a complicated name for a complicated scam that, like the pure trust scam, relies on a misinterpretation of the tax code that takes it out of context.¹⁷ 

Although 643(b) trust scams take various forms, they are essentially a new twist on the old idea that, through manipulation of the trust structure, the taxpayer can use a backdoor method to maintain some control over the trust and avoid taxes.

The basic (but false) premise of the 643(b) scam is that income allocated to the corpus (principal) of the trust is not subject to taxation.

Promoters create a trust structure, often referred to with terms like nongrantor, irrevocable, and complex. The taxpayer transfers assets such as a business, real estate, or other income-producing assets into the trust in exchange for a promissory note. The trust then leases the assets back to the taxpayer, an arrangement that makes it seem like the income generated by the assets is not actually being distributed to the taxpayer, and is thus nontaxable. 

The IRS explicitly rejects the validity of this arrangement in its memorandum, emphasizing that simply allocating income to the trust’s corpus does not exclude it from taxation.¹⁸ 

How to Spot a Trust Scam

The IRS has made it clear that it will challenge § 643(b) trusts in all forms, so taxpayers should look out for this and other trust schemes to avoid getting caught in the government’s compliance crosshairs.

As noted in the IRS memo, illegitimate trusts that misinterpret § 643 often have the guise of legitimacy and may even have legitimate-appearing promoters such as lawyers, accountants, and enrolled agents.¹⁹ Promotional materials may consist of a series of presentations, informational websites, documents, and legal opinions. In the case of a nongrantor, irrevocable, complex, discretionary, spendthrift trust, the trust may be described as “§ 643 compliant” or “in compliance with the I.R.C.”²⁰

More generally, taxpayers should be on the lookout for these common trust scam red flags: 

• Exaggerated claims. Taxes are as unavoidable as death for a reason. No legal trust strategy can entirely eliminate tax obligations. Claims about deferring taxes instead of avoiding them may sound more reasonable but could be part of the scam. 
• “Secret” loopholes. While tax law is complex, it is not a secret. Legitimate strategies are based on established legal principles. Scammers also like to tell potential victims that wealthy individuals use certain trust types to avoid paying taxes. 
• Terms that give an air of legitimacy. Trust schemes may reference and misuse terms such as common law or sovereign to promote trusts as beyond the legal jurisdiction of the federal government. Taxpayers in the 643(b) scam are told that they will serve as “Compliance Overseer.”²¹
• Pressure tactics. In a classic scammer technique, trust scheme promoters may push individuals to “act quickly” to secure the “exclusive opportunity” and create a sense of urgency that pressures them into making a rash decision without fully understanding the consequences. 
• Complicated and confusing structures. Trust, tax, and estate planning law are inherently complicated, but complexity can also serve to hide a scam. Multiple trusts with confusing names and structures can be a way to obfuscate the scheme’s true nature. 
• Lack of transparency. Promoters may be reluctant to provide clear explanations or documentation about how the trust works, relying on anecdotal evidence or testimonials rather than facts and legal analysis. 
• Similarity to known scams. Many trust scams are the taxation equivalent of “old wine in new bottles.” Learning how to spot a scheme and cross-checking a trust strategy against known scams, including those in the IRS Dirty Dozen²² and other public warnings, can reduce vulnerability.

Above all, avoid promotions that sound too good to be true, verify the promoter’s credentials, and always seek a second opinion from an independent estate planning attorney before creating any trust. If you are considering setting up a trust, consult with a qualified estate planning attorney.

1. I.R.S. Chief Couns. Mem. AM 2023-006 (Aug. 18, 2023), https://www.irs.gov/pub/lanoa/am-2023-006-508v.pdf.  ↩︎
2. Abusive trust tax evasion schemes – Facts (Section III), IRS (Mar. 29, 2024), https://www.irs.gov/businesses/small-businesses-self-employed/abusive-trust-tax-evasion-schemes-facts-section-iii.  ↩︎
3. Abusive trust tax evasion schemes – Facts (Section I), IRS (Mar. 29, 2024), https://www.irs.gov/businesses/small-businesses-self-employed/abusive-trust-tax-evasion-schemes-facts-section-i.  ↩︎
4. Id. ↩︎
5. Id. ↩︎
6. Id. ↩︎
7. Id. ↩︎
8. Id. ↩︎
9. Abusive trust tax evasion schemes – Facts (Section III), supra note 2. ↩︎
10. Id. ↩︎
11. Jay Adkisson, The Complex Trust Is Simply The Criminal Tax Evasion Device Known As The Pure Trust Repackaged, Forbes (Aug. 18, 2021), https://www.forbes.com/sites/jayadkisson/2021/08/18/the-complex-trust-is-simply-the-criminal-tax-evasion-device-known-as-the-pure-trust-repackaged.  ↩︎
12. I.R.S., U.S. Dep’t of the Treas., Recognizing Illegal Tax Avoidance Schemes, Pub. No. 3995 (2024), https://www.irs.gov/pub/irs-pdf/p3995.pdf.  ↩︎
13. Rick Cundiff, Trial notebook: Courts don’t buy the ‘861 argument,’ Ocala StarBanner (Jan. 23, 2008), https://www.ocala.com/story/news/2008/01/24/trial-notebook-courts-dont-buy-the-861-argument/31235965007.  ↩︎
14. United States v. Snipes, No. 5:06-cr-22(S1)-Oc-10GRJ, 2007 WL 2572198 (M.D. Fla. 2007), https://abcnews.go.com/images/WNT/061017_Indictment_Snipes.pdf.  ↩︎
15. Siobhan Morrissey, Wesley Snipes Sentenced to Three Years in Jail, People (Apr. 24, 2008), https://people.com/crime/wesley-snipes-sentenced-to-three-years-in-jail.  ↩︎
16. I.R.S. Chief Couns. Mem. AM 2023-006, supra note 1. ↩︎
17. Id. ↩︎
18. Id. ↩︎
19. Id. ↩︎
20. Id. ↩︎
21. Id. ↩︎
22. Dirty Dozen, IRS (June 12, 2024), https://www.irs.gov/newsroom/dirty-dozen.  ↩︎

Fitness icon Richard Simmons, known for his flamboyant personality, high energy, and trademark attire, passed away in July 2024 following a fall at his Los Angeles home.

Because of a legal dispute between his longtime housekeeper, Teresa Reveles Muro, and his brother, Leonard (Lenny) Simmons, the estate of the Sweatin’ to the Oldies star is now sweating out a legal dispute over control of Richard’s trust. 

Teresa, who worked for and lived with Richard starting in the late 1980s, claims she was pressured to resign as co-trustee of Richard’s living trust.¹ Lenny has voiced concerns about assets belonging to the estate being misappropriated.² 

The case highlights the sometimes overlooked role of attorney representation for key decision-makers, such as trustees or executors, in an estate plan. It also demonstrates how legal conflicts can unexpectedly arise following a loved one’s death and why the choice of a neutral third-party trustee can help avoid similar disputes. 

Background to the Simmons Estate Legal Battle

Richard Simmons believed fitness is for everyone, a message he delivered with positivity, usually while wearing sparkling tank tops and short shorts—an outfit that he was buried in under regular clothes.³ He is best known for his Sweatin’ to the Oldies series of workout videos, which sold over 20 million copies.⁴ 

The Richard Simmons estate includes a trust that is at the center of a legal dispute involving Lenny and Teresa.⁵ Richard was close to both and named them as co-trustees of his trust.⁶ 

As recently as July, Lenny had positive things to say about Teresa. He told People magazine that Richard’s live-in companion of 35 years was “extremely loyal and trustworthy” and that “we are blessed to have Teresa in our lives.”⁷ 

However, she alleges that, immediately after an open casket viewing of Richard, Lenny and his wife, Cathy, brought her to a meeting at a law firm to discuss the Simmons estate, where she says she was coerced into signing away her role as co-trustee.⁸ 

According to the TODAY show, her attorneys have asked a judge to reinstate her as co-trustee and requested that Lenny be prevented from selling any of Richard’s personal possessions or licensing or selling Richard’s name and likeness until she has been reinstated as co-trustee.⁹ 

According to In Touch Weekly, Teresa’s lawyers wrote in a motion that Lenny is preparing to dispose of Richard’s personal effects without her input, which is against what Richard envisioned in the trust.¹⁰ Teresa also accuses Lenny of working with Richard’s estranged manager on a documentary that she doesn’t think Richard would approve of.¹¹ 

Lenny contradicts this claim in a recently filed response to her petition, asking that Teresa not be added back as a co-trustee.¹² His response contends that Teresa refused to vacate Richard’s home for months after his death, and when she did leave, she took nearly $1 million worth of jewelry that has not been returned.¹³ He further alleges that Teresa was working on her own movie project about Richard.¹⁴ 

According to Yahoo! News, court documents state that Lenny and his attorneys “need to appraise any property to be sold and may need to sell it to pay taxes. Teresa should not be permitted to interfere with this process absent serious, legitimate concerns about the administration of the estate that do not exist here.”¹⁵ 

Lessons from the Simmons Estate Dispute

Despite not being seen in public for more than a decade prior to his passing, Richard Simmons will be remembered as a fitness trailblazer whose enthusiasm brought joy and healthy habits to millions of fans worldwide. 

Unfortunately, the conflict over his trust also places him in the company of celebrities such as Prince, Aretha Franklin, and Heath Ledger, whose estates have likewise become the subject of headlines for the wrong reasons. 

It does not appear that Richard made any major mistakes in the planning process, such as not having a will or trust. However, his reclusiveness in his later years made it difficult to determine where he stood on the matter of his legacy and those responsible for preserving it. 

Avoiding Conflicts of Interest with a Corporate Trustee

Where Richard may have erred, or at least may not have made the best decision, is naming co-trustees of his trust who were also beneficiaries of his estate. Based on public statements, Lenny and Teresa shared no ill will before Richard passed away. It is possible that Richard did not tell them they would be sharing trustee duties, and they learned of this arrangement only after his death, possibly exacerbating an underlying rift that may have been kept private. We may never know.

What we do know is that having co-beneficiaries serve as co-trustees can be a recipe for disaster. Trustees have a legal duty to act in the best interests of the trust’s beneficiaries. In this case, since the trustees are also beneficiaries, incentives are introduced for each one to maximize their control over the trust. Also, depending on the language used in the trust, having co-trustees may have required that they agree on actions taken on the trust’s behalf. This requirement can slow down the administration process and breed conflict if the two parties are not used to working together. 

Given the circumstances here, it may have been a more prudent move to have a corporate trustee from the start. Lenny’s court filing mentions the possibility of the judge appointing a corporate trustee,¹⁶ and it is not out of the question that the court would do so.

Signing Legal Documents Under Coercion

The Richard Simmons estate legal battle also draws attention to the rights of key decision-makers such as trustees in an estate plan and how they may need to retain legal counsel at different stages of settling an estate. 

Attorneys for Teresa contend that Leonard used false statements and intimidation to coerce her into signing a document declining to serve as co-trustee.¹⁷ If this allegation proves to be true—and Teresa did not make an informed decision to sign the document—the court could void it since signing a contract under duress can make it unenforceable. 

Careful Planning from the Start Can Avoid Conflicts

“Don’t sweat the small stuff” is good advice to avoid wasting energy on things that do not matter. But the smallest details can have the biggest impact in estate planning, which matters greatly for establishing a lasting legacy. 

The Richard Simmons estate case shows that trust documents should give detailed instructions on decision-making authority, asset distribution, and dispute resolution. 

An estate plan cannot stop beneficiaries from fighting over what the deceased really intended in their estate plan. If a beneficiary feels strongly about a loved one’s final wishes and has reason to believe those wishes are not being fulfilled, it is their right to file a claim challenging a trustee’s or executor’s actions. And if they choose to do so, it is their right—and indeed their responsibility—to retain counsel about the best way to mount a legal challenge. 

The trustee or executor also has the right to hire a lawyer to defend them against such claims. They may even be able to pay for an attorney using trust or estate funds. Beneficiaries in trust litigation can, in some cases, recover their legal fees from the trust as well. 

However, mounting a legal challenge ultimately means less money for everyone to inherit, potentially damaging the deceased’s legacy and any relationship between the parties involved. 

Whether you are creating an estate plan or are in charge of carrying out somebody else’s plan, timely advice from an estate planning attorney can help to avoid and mitigate disputes and keep a legacy untarnished by conflict. Schedule a meeting to learn more. 

1. Anna Kaplan, Richard Simmons’ family is fighting with his housekeeper over his estate. What to know, Today (Sept. 24, 2024), https://www.today.com/news/richard-simmons-trust-feud-rcna172983. ↩︎
2. Richard Simmons’ brother accuses late star’s housekeeper of taking $1 million in jewelry, The Express Tribune (Dec. 11, 2024), https://tribune.com.pk/story/2506696/richard-simmons-brother-accuses-late-stars-housekeeper-of-taking-1-million-in-jewelry. ↩︎
3. Mason Leib, Richard Simmons was buried in his iconic “tank top and shorts,” his brother says, ABC News (Oct. 6, 2024), https://abcnews.go.com/GMA/Culture/richard-simmons-buried-iconic-tank-top-shorts-brother/story?id=114547134. ↩︎
4. John Blackstone, Richard Simmons, fitness guru, dies at age 76, CBS News (July 13, 2024), https://www.cbsnews.com/news/richard-simmons-dies-age-76-fitness-guru. ↩︎
5. Id. ↩︎
6. Louise A. Barile, Richard Simmons’ Brother and Housekeeper at War Over His Estate: He’d Be “Heartbroken,” Y!entertainment (Oct. 16, 2024), https://www.yahoo.com/entertainment/richard-simmons-brother-housekeeper-war-120338437.html. ↩︎
7. Jason Sheeler, Richard Simmons’ Housekeeper of 35 Years Breaks Her Silence: “He Died Happy,” People (July 29, 2024), https://people.com/richard-simmons-housekeeper-of-35-years-breaks-her-silence-he-died-happy-8684764. ↩︎
8. Id. ↩︎
9. Id. ↩︎
10. Ryan Naumann, Richard Simmons’ Brother Fighting Late Entertainer’s Housekeeper Over $1 Million in Jewelry, InTouch (Oct. 31, 2024), https://www.intouchweekly.com/posts/richard-simmons-brother-fighting-housekeeper-over-stars-jewelry. ↩︎
11. Richard Simmons’ Family to Sell His $5 Million Mansion Amid Estate Dispute, LawyerMonthly (Nov. 8, 2024), https://www.lawyer-monthly.com/2024/11/richard-simmons-family-to-sell-his-5-million-mansion-amid-estate-dispute. ↩︎
12. Id. ↩︎
13. Ryan Naumann, Richard Simmons’ $5 Million Mansion Where He Died to Be Sold by Family Amid Estate Battle, InTouch (Nov. 8, 2024), https://www.intouchweekly.com/posts/richard-simmons-5-million-home-to-be-sold-amid-estate-battle. ↩︎
14. Id. ↩︎
15. Paula Froelich, Richard Simmons’ housekeeper finally leaves his home, allegedly taking millions with her, Yahoo!News (Nov. 14, 2024), https://www.yahoo.com/news/richard-simmons-housekeeper-finally-leaves-202809623.html. ↩︎
16. Id. ↩︎
17. Id. ↩︎