Tag Archives: will

Do celebrities make money after they die?

michael jackson

In one word “yes”.  Following is the article recently released by Forbes that lists the highest paid celebrities who died this year.

While the Pearly Gates seemed to welcome an unusual amount of celebrities in the past year (David Bowie, Prince and Arnold Palmer, to name just three), the long-departed King of Pop had the time of his afterlife.

The March sale of Michael Jackson’s half of the Sony/ATV music publishing catalog, famous for its library of Beatles tunes, for $750 million puts him at the top of our annual ranking of the top-earning dead celebrities, an ironic finish given that many critics and even advisors once derided the catalog as a badly overpriced investment. Jackson’s total pretax payday of $825 million ranks as the biggest annual haul by any celeb dead or alive.

“He was always doing stuff that was the best, the greatest, the biggest,” says Jeff Jampol, who manages the estates of Janis Joplin, Jim Morrison and others. “That was a big fight when he wanted to buy that catalog … it turned out to be one of the greatest investments ever.”

In 1985, Jackson paid $47.5 million ($140 million in 2016 dollars) to buy the Beatles-packed ATV publishing catalog. Ten years later, Sony paid him $115 million to form a 50/50 joint venture, then purchased his remaining half in March. In all, the sales (and accompanying distributions) gave Jackson’s estate, which is overseen by lawyer John Branca and music exec John McClain, a 30% annualized return on investment.

Peanuts creator Charles Schulz claims the second spot with $48 million. The cartoonist died of colon cancer 16 years ago, but lives on through the franchise—and its licensing revenue, boosted by last year’s well-received 3-D Peanuts movie. Golf legend Arnold Palmer rounds out the top three with earnings of $40 million, most of which was accumulated in the mortal realm, as he passed away just days before our cutoff.

Our set of 13 Halloween-spooky estimates are for pretax income from October 1, 2015, through October 1, 2016, before deducting expenses for agents, managers and lawyers. Sources include Nielsen SoundScan, Nielsen BookScan, PollstarPro, IMDB and interviews with estate experts.

Michael Jackson: The King Of Pop–and celeb earnings–dead or alive (Photo: Mike Powell /Allsport).

Recently deceased superstars Prince and David Bowie also rank high on the list. The Purple One passed away while still at the top of his touring game (grossing nearly $2 million per show) and sold more than 2.5 million albums over the past year, more than any other dead musician. Bowie, meanwhile, released his final album, Blackstar, just two days before his death; the ensuing sales spike helped him outsell Jackson and Elvis Presley (No. 4, $27 million) in the last year.

Presley’s total represents a 50% drop from last year’s figure (a change in how we accounted for Graceland ticket sales, not plummeting demand, accounts for the change). The King of Rock n’ Roll still moved more than 1 million albums on the year—most of them physical, not digital—remarkable for someone who’s been gone for nearly 40 years.

As for Jackson, the Sony/ATV payday gives him the last laugh over doubters. But a decade ago, he already knew what a good deal he’d made, as detailed in my book Michael Jackson, Inc. On a 2007 conference call, the King of Pop reminded Sony/ATV chief Marty Bandier of the acumen that had earned him a nine-figure return on paper by that point.

“See,” he told Bandier. “I told you I knew the music publishing business.”

13. Elizabeth Taylor ($8 million)
12. Steve McQueen ($9 million)
11. David Bowie ($10.5 million)
10. Bettie Page ($11 million)
9. Albert Einstein ($11.5 million)
8. John Lennon ($12 million)
7. Theodor “Dr. Seuss” Geisel ($20 million)
6. Bob Marley ($21 million)
5. Prince ($25 million)
4. Elvis Presley ($27 million)
3. Arnold Palmer ($40 million)
2. Charles Schulz ($48 million)
1. Michael Jackson ($825 million)

You may not be a celebrity and you may not have an estate worth millions of dollars but you still need to do some planning for what you want to have happen to the assets you do have.  For more information about this topic, check our our website www.diesmart.com.

My father left his home to his kids — my stepmother sold it for $1 million

moneyologistWe read this recent column from MarketWatch and found it interesting enough that we are repeating it in its entirety.  If you have step children or step parents, you should be aware of what might happen if proper planning isn’t done.

He made his wishes clear, but his second wife had other ideas

Dear Moneyologist,

My brothers and I are mentioned in our father’s will as what he “wishes to happen” with the house he purchased for his second wife. He put the house in her name, but stated that if he should die first, he would like the wife to live in the house till she dies, but wanted the house to be sold and the proceeds to be split among his children.

After he died, my stepmother has sold the house for $1 million. She bought a new house for $500,000 and kept the difference. She has not put all the children on the ownership of the new house. Also, she has children from her first marriage who might want a percentage of the estate, including the new house. The will was made in Taiwan. I live in Texas.

Where do I and my brothers stand in this situation?

Betrayed Daughter

Dear Daughter,

When it comes to family drama, stepmothers fare about as well as mothers-in-law. That is, they get a hard time. Sometimes, it’s deserved, other times I think they fall victim to negative stereotypes. In one case, the stepmother wanted to cut her husband’s children out of his life insurance policy. And another stepmother obsessed over her husband’s children and what might happen to his credit score should he die. It’s easy to come down hard on stepmothers, mostly because of Grimm Fairytales. This 2009 book “Stepmonster: A New Look at Why Real Stepmothers Think, Feel, and Act the Way We Do” tries to debunk that myth. On this occasion, the jury is out.

Your father can’t leave his children something that he no longer owns. That’s not how life or the law works.

Your stepmother has downsized and created a nice nest egg. That was her prerogative. Your father can’t leave his children something that he no longer owns. He put his house in your stepmother’s name and, judging by his will, it seems that he wanted her to give it back. That’s not how life or the law works. If you could prove undue influence, you might have a case. You would need to provide evidence that (a) your father was not of sound mind when he signed over the house and/or (b) your stepmother somehow did not have his best interests at heart and tricked him into signing over the home. That would be an expensive and difficult process.

It’s still unclear whether U.S. or Taiwanese law would apply here. According to Taiwanese law, “The making and effect of a will are governed by the national law of the testator [your father, in this case] at the time of the making of the will.” But that may prove fruitless. “If you can prove that the testator was the true owner, you can file a litigation against your father’s second wife,” says Ou Yang, Hung, managing attorney at Brain Trust International Law Firm in Taipei, Taiwan and adjunct assistant professor of law at Soochow University. “It will be very hard to prove that the testator was the true owner of the house.”

Put it in simpler terms: You may have to kiss that $1 million goodbye.

For information about estate planning, check out our website www.diesmart.com.

Will you get a call from a debt collector?

debt-deathDid you know that if someone dies with unpaid bills like a balance on a credit card account, a family member or close friend will get a call or letter from a debt collector.

A few years ago, the FTC (Federal Trade Commission) issued new guidelines related to this subject.  The guidelines “widen the universe of people who could receive collection calls or letters”.  This makes it very important that anyone receiving such a call or letter knows his legal rights and obligations.

Debt collectors read the obituaries and then check to see whether the person who just died has any surviving relatives.  If so, they immediately begin sending out letters or making phone calls and harassing them for whatever is owed.

Rules vary from state to state but, in general, here are a few things that usually apply.

  • Family members or friends are not obligated to pay out of their own pockets for debts incurred by a deceased person.
  • If a family member or friend has co-signed a credit card or loan application with the now deceased person, that relative or friend is probably obligated to repay the debt.
  • If the deceased left a will and the estate is in probate, debt collectors can attempt to collect their money from the assets of that estate.
  • Assets that are specifically bequeathed to someone or that were jointly owned by the deceased and another person generally go to that person outside of the estate and are usually not reachable by debt collectors.  In the 10 community property states, assets are generally considered joint property and can’t be touched by a debt collector.

What does this mean for you?  If someone close to you dies and  you are contacted by a debt collector, don’t give that person any information or commit to anything.  See assistance from a local credit counselor or attorney to get guidance on how to proceed.  Otherwise, you may find yourself paying money to a debt collector unnecessarily.

For more information about settling an estate, go to www.diesmart.com.


Want to avoid probate?

estateplanningYou may think that if you have a will and in it you name the person who should inherit your home, that’s all you have to do.  Yes, it is if you’re willing to have the home go through a probate process.  That probate process will cost the beneficiary a lot of money as well as time and will be a public record.

However, there’s now a way that many can avoid the whole probate process and that’s thru the use of a transfer on death (beneficiary) deed.

There are several states that have a similar law and California just joined their ranks in January of this year.

If you live in one of these states, you now have the option to complete a Revocable Transfer On Death Beneficiary deed and name a beneficiary for your home.    After your death, the beneficiary can directly claim ownership rights to the property without involving the probate court and paying probate fees.

The deed can be completed and filed without hiring a lawyer or paying a third party to record the deed with the county recorder.

For some homeowners, a TOD Deed can be a cost effective way to avoid probate on the death of the last owner.   If you own a home and have it listed in your will, you might want to consider this new option.

For more information about probate and estate planning, go to www.diesmart.com.

Just living together can cause unwanted estate planning problems

k11782415Many couples, especially those who get together later in life, are just living together.  For whatever reason, they’ve decided not to get married.  Living together, they accumulate stuff but who owns what?

One of the biggest problems with just living together is estate planning.  If you’re one of these couples and you’re not careful, your loved ones might end up losing their home and getting nothing.

If a partner dies without a will, this is called dying intestate.  In this instance, state intestacy laws determine who will inherit that partner’s assets.  In most cases, that means a biological relative may inherit those assets, not the surviving partner.  This is probably not what either of the partners really wanted.  To alleviate this problem, a will should be drafted and executed by each of the partners.   It should include a statement that directly disinherits biological relatives and leaves the assets to the surviving partner.

Another document each partner should prepare is an advance  healthcare directive and durable power of attorney.  Unless these documents specifically name the other partner to make their medical decisions for them, a physician will not follow the instructions of anyone except a biological relative because of potential family objections.

A further document that should be considered – a revocable trust.  This will enable the partners to transfer property and money between them and will allow one partner to transfer control of his or her assets upon death.

A last point you should be aware of – the unlimited marital estate inheritance exclusion.  This exclusion cannot be used by an unmarried couple.  Instead, there may be sizable inheritance tax repercussions if estate planning is not done correctly.

It would be smart for any couple living together without the protection of marital laws to consult an estate attorney to find out what the best plan of action is for them.

For more information about estate planning, check out our website www.diesmart.com.