If the bitter feud between the estranged wife of baseball legend Ernie Banks and his estate wasn’t bad enough, the latest development in this odd case is likely to leave everyone involved empty-handed. An estate planning attorney can help you make a more informed decision about when it is best to settle the case instead of continuing to fight over an ever-dwindling sum.
The epic battle over a small estate of Ernie Banks between his estranged wife and the caretaker who was named as his sole heir has developed a new wrinkle. By the time these three parties come to a resolution, it is likely there won’t be anything left to divide.
Now, Banks' friend, Shirley Marx, has entered a claim against the estate for $80,000. Marx claims this is the amount she loaned to Banks while he worked for her family's moving company. However, the loans were not documented, which will make it difficult for Marx to prove her claims.
The Wills, Trusts & Estates Prof Blog reported on this in "Estate of Ernie Banks Faces New Challenge As Creditor Steps Forward."
The problem? If Banks was so cash-strapped that he had to borrow $80,000 from a friend, then his estate is unlikely to have enough assets to cover the costs of all of this litigation and still have assets left over to distribute to whoever the eventual winner of these battles turns out to be.
This is a common problem with estates that seem just large enough to fight over. By the time the fighting is over, the only people left with anything are the attorneys.
That does not mean that you should not hire an attorney or not fight over an estate against which you have a legitimate claim. On the other hand, it does mean that when fighting over an estate, you need to be mindful of the attorney's fees the estate is paying.
In the end, an estate planning attorney can help you make a more informed decision about when it is best to settle the case instead of continuing to fight over an ever-dwindling sum.
Please visit our website for information on elder law, Medi-Cal Planning and estate planning issues, and sign up for our free monthly e-newsletter. The archive on our website contains numerous blog posts on these legal areas as well. You can also “friend” us on Facebook (R Christine Brown) to receive periodic posts on elder law issues.
Reference: Wills, Trusts & Estates Prof Blog (August 29, 2015) "Estate of Ernie Banks Faces New Challenge As Creditor Steps Forward."