Omit the Children?
Michael Crichton, creator of such dramas as Jurassic Park and ER, was a master story teller. His ability to transport readers and viewers to another world made him one of the most celebrated authors and screenwriters of all time. It may not be surprising to learn that when Crichton died in 2008, a drama of his own unfolded. Crichton died married to his 5th wife, Sherri Alexander, who was 6 months pregnant at the time. His will had a provision that specifically omitted anyone not mentioned in his will at the time it was executed. The provision stated:
“I have intentionally made no provision in this will for any of my heirs or relatives who are not herein mentioned or designated, and I hereby generally and specifically disinherit every person claiming to be or who may be determined to be my heir-in-law, except as otherwise mentioned in this will.”
As with most of the celebrities featured on our blog, after Crichton’s death a court battle ensued. His widow, who was also named as a successor co-trustee of Crichton’s trust, filed to have their afterborn child (child born after the death of the parent) included as a beneficiary of Crichton’s estate. In legal-speak Crichton’s unborn child would be considered a pretermitted child, which means that the child was born or adopted after the creation of his will. In Florida, a pretermitted child has a right to make a claim for a share of the deceased parents’ estate, unless the child has been omitted intentionally. Here, the issue is whether the above clause in Crichton’s will was an intentional omission of an afterborn child. In addition to the pretermitted child claim, Crichton’s estate faced another challenge. His daughter from a previous marriage filed to have her father’s widow removed as one of the co-trustees.
Crichton’s story is important for several reasons. First, it demonstrates the need to keep your estate planning documents current. When your life changes your estate planning documents may need changing too. It is important to update and review your documents on a regular basis (every 3 years or so). Second, Crichton’s story shows the importance of proper planning in the event of remarriage or new children from a different marriage. Deciding who is in charge of one’s estate, after death or incapacity can be as important a consideration as who gets what. Often, children from previous marriages have different ideas about who should get what and who should be in charge. Finally, Crichton’ story reveals that a will becomes a public record upon death. Anyone - stranger, disgruntled child or creditor - can obtain a copy of your will at the courthouse for a few dollars a page. Unlike a will, a living revocable trust is a private document, meaning it is not filed with the court. With a trust, the terms of your wishes are kept private. In addition, a trust helps allows you to avoid probate (the process of getting assets out of dead person’s name).
While the films and shows that made Crichton famous will continue to captivate audiences as they are replayed in perpetuity, the drama surrounding his estate plan and death is an episode you and your family likely want to miss.