Chadwick Boseman’s death from colon cancer in 2020 shocked his fans. The actor and playwright, best known for starring in Marvel’s first “Black Panther” movie, worked throughout his private battle with the disease.
Six years after he died at 43 without a will, he is back in the news because of a dispute among his loved ones.
His multimillion-dollar estate is once again in a California courtroom. Boseman’s two brothers have asked a judge to remove his widow, Simone Ledward, from managing and settling the estate. They also want the judge to hold Ledward in contempt of court. They claim that the resolution of his estate has stalled due to delays, poor communication and mismanagement. Ledward has not yet responded publicly to these claims.
This family feud involving a celebrity highlights three legal issues that intrigue us as scholars of inheritance law. First, when someone dies without a will, their property passes to heirs in accordance with their state’s laws. Second, putting one heir in charge of an estate can create friction with the other heirs. And third, judges can remove that person for serious misconduct.
Spouses don’t necessarily inherit everything
You might presume that when someone who is married dies without a will, their surviving spouse automatically gets everything. That’s not always true.
Every state has its own intestacy statute. Those laws establish rules determining who inherits property when someone dies without a valid will. They vary considerably.
In California, where Boseman died at his Los Angeles home, the law divides the property of married people into two categories known as “community property” and “separate property.”
The surviving spouse inherits all of the couple’s community property, which generally includes assets earned during the marriage.
But Chadwick Boseman married Ledward Boseman only six days before his death, although they had been involved in a long-term relationship that they generally kept quiet. When a Californian dies after a marriage that didn’t last long, there is not likely to be much community property.
So the fate of separate property, which generally includes assets acquired before marriage or received by gift or inheritance after a couple ties the knot, becomes very important in those situations.
If a California resident dies childless and without a will while their parents are still alive – as was true for Chadwick Boseman – their spouse gets only half of any assets classified as separate property. The rest goes to their parents.
That appears to be why Carolyn and Leroy Boseman, the actor’s parents, have a financial interest in the estate despite his marriage. However, the couple assigned their inheritance rights to Kevin Boseman and Derrick Boseman, Chadwick’s brothers.
Why one heir is often put in charge
To settle an estate, someone has to locate all of the deceased person’s assets, pay off their debts, deal with their taxes, talk to all heirs and creditors, file reports with the court, and finally distribute what is left.
Boseman’s widow is playing that role because California law gives the surviving spouse first priority to administer the estate. All of this takes place in probate court, which is where estates are administered.
That means Ledward Boseman is playing two different roles.
She’s one of the heirs entitled to inherit a share of Chadwick Boseman’s wealth and future income generated by his intellectual property. And she’s the estate administrator responsible for managing the estate as a whole.
Wearing both of those hats can create conflict because heirs often disagree over whether the person managing the estate is acting for the benefit of everyone or favoring their own interests.
That’s why disputes over executors and other estate fiduciaries are among the most common issues raised in probate litigation.
As the court-appointed administrator, Ledward Boseman owes fiduciary duties of loyalty and impartiality to all heirs, including Boseman’s parents and their assignees, Boseman’s brothers. That means she cannot favor her own interests over theirs. She must also maintain accurate records, keep other heirs reasonably informed and distribute the estate’s assets according to law.
Planning ahead helps after you’ve gone
Writing a will and thinking carefully about who should manage the estate can help loved ones stay out of disputes like this. For example, if your relatives tend to bicker, it may be better to choose a neutral person instead of one of your heirs to manage your estate.
A lawyer, accountant or professional fiduciary – someone with expertise regarding the handling of estates – may be more likely to earn everyone’s trust than someone who stands to inherit some or all of your assets.
But that person will usually be paid for their work. By contrast, relatives who serve in this role often choose not to accept payment because waiving compensation can have tax advantages.
In Boseman’s estate, for example, his widow waived her fee for serving as the administrator. To be sure, paying a neutral person may cost more, but it can also help prevent expensive lawsuits and family conflict.
Why judges may replace estate administrators
The Boseman case also highlights a remedy that probate judges use sparingly: removing the estate administrator. Replacing the person in charge of an estate can increase costs and delay its resolution. Because of these downsides, judges usually require something more serious than a mere family disagreement before they make this type of change.
Removal is usually requested when heirs claim there have been long delays, poor communication, bad record-keeping, conflicts of interest, failure to follow court orders, or other actions that could harm the estate.
Right now, the late actor’s brothers have made these claims. It will be up to the court to decide whether it should remove his widow after hearing from both sides.
No matter what happens, this case shows how most estate disputes are not just about legal rules. They often arise from common human problems such as uncertainty, family conflict, slow communication and different expectations.
Preparing a solid estate plan cannot guarantee family harmony after death. But by naming who should manage the estate, and providing guidance that helps prevent disputes, it can mean a deceased person’s loved ones will fare better than they would have had the state’s default inheritance rules kicked in.
Reid Kress Weisbord, Distinguished Professor of Law, Rutgers University – Newark and Naomi Cahn, Professor of Law, University of Virginia
This article is republished from The Conversation under a Creative Commons license. Read the original article.
-1024x683.jpg "The Love-Hate Relationship Between Democrats and Socialists")
