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Trusts Estates Prof Blog

When heiress Gail Posner died in March, her only living child, Bret Carr, learned about an unusual amendment she made to her trust in 2008. The pertinent part of the amended article "FOURTEENTH" reads:

A. If the Settlor has any dogs at the time of her death, the following provisions shall apply:

1. The Trustees shall retain the property located at 1525 West 24th Street, Sunset Island 3, Miami Beach, Florida,together with a sum which they shall determine, in their sole and absolute discretion, to be sufficient to pay all of the carrying costs of the Residence,until the death of such of the Settlor's dogs, April Maria, Lucia and Conchita, as shall be living at cartier circle necklace imitation the time of the Settlor's death and any other dogs owned by the Settlor at the time of her death; provided, however, that such sum so set aside by the Trustees shall not exceed the sum of THREE MILLION ($3,000,000) DOLLARS.

2. The Trustees shall pay over and distribute the sum of FIVE MILLION ($5,000,000) DOLLARS to QUEEN ELIZABETH BECKFORD, if she shall survive the Settlor, and provided that she agrees, to the satisfaction of the Trustees, to care for such of the Settlor's dogs, April Maria, Lucia and Conchita

Posner then love necklace cartier price imitation names several alternates if Beckford refuses to care for the dogs "with the same degree of care" they received while Posner cared for them. This could be an expensive task; Conchita has weekly spa appointments, a Cadillac Escalade to take her to those appointments, and a $15,000 Cartier necklace.

When the dogs die, the mansion is to be sold, and the proceeds will go to charity. The remainder of her estate (after imitation love necklace cartier price several large gifts to caretakers) goes to animal shelters, breast cancer prevention, and suicide prevention centers. Posner also directed that the canine care staff take care of her pet turtles as well.

Carr filed a lawsuit in an attempt to revoke Posner's will. He claims that household aides drugged Posner, told her that Carr was out to kill her, and induced her to change her will and trust in 2008, leaving him knock off cartier gold necklace chain only $1 million while the dogs received an $8.3 million mansion and a $3 million trust fund.

Ray Madoff, a law professor at Boston College, says that courts typically throw out wills leaving little to legitimate heirs but millions to caretakers because they've likely been written undue influence.

Special thanks to Kimberly Sias (Texas Tech School of Law graduate, May 2010), Joel Dobris (Professor of Law, UC Davis School of Law), Jim Hillhouse (WealthCounsel), Ann Murphy (Associate Professor of Law, Gonzaga University School of Law), Lee ford Tritt (Associate Professor of Law, University of Florida Levin College of Law), Neda Jahansouz (attorney, Dallas, TX), Douglas Cowan (attorney, Dallas, TX), Adam J.
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    By LLLOO6
    Added Sep 29


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