A couple of years ago, one of the biggest stories in elder law was Tom Benson. He was a wealthy New Orleans man who owned two professional sports franchises. His daughter and her two children sued Benson. Their claim was that he was not of sound enough mind to handle his own affairs and that he should not be allowed to hand the control of his businesses over to his third wife.
They lost that lawsuit at the trial court level and they also lost two appeals of the verdict.
Benson recently passed away. His will makes it very clear that he was not happy with his daughter and grandchildren, as the New Orleans Advocate reports in "Tom Benson's last will makes clear who was in, out of his inner circle late in his life."
The will was executed and witnessed one month after the trial court verdict. It directs that all of Benson's property is to be put in a trust. It is not known publicly who the beneficiaries of the trust are. However, it is safe to assume that Benson's daughter and grandchildren are not beneficiaries. This is because the will states several times that they are not to receive any of his property.
Given the previous litigation, it would seem likely that there could be a challenge to Benson's will. Since a court determined that Benson was of sound mind shortly before he signed the will, the prospects of a successful challenge are unlikely.
Remember: “An ounce of prevention is worth a pound of cure.” When making your estate plans or when probating an estate or administering a trust, do not go it alone. Be sure to engage a Cincinnati estate planning attorney.
For more information about estate planning, probate or trust administration in Cincinnati (and throughout the rest of Southwest Ohio) and to review free resources regarding estate planning, probate or trust administration, visit my website. If you have questions regarding this article or a particular legal matter, feel free to contact me at 513-399-PLAN (7526).
Reference: New Orleans Advocate (March 16, 2018) "Tom Benson's last will makes clear who was in, out of his inner circle late in his life."