Lessons from a Court Case: Why Estate Planning Is Key to Preventing Family Disputes

ARTICLE | January 06, 2025

Authored by Vasquez + Company

A recent federal court case, Elam v. Early, highlights the importance of having a clear estate plan to avoid family disputes over assets. The case involved a dispute among descendants of President Franklin Roosevelt's press secretary over ownership of Norman Rockwell’s illustrations. The court ruled in favor of the grandson who had physical possession of the artwork, emphasizing that possession often proves ownership. The article stresses the importance of planning ahead to prevent disputes, even over seemingly trivial items, and the need for transparency within families when it comes to estate decisions.

Key Points:

• Physical Possession and Ownership: The court ruled in favor of the person with physical possession, reflecting the legal adage that “possession is nine-tenths of the law.”
• Estate Planning and Family Unity: Comprehensive estate planning can prevent future family disputes over assets, even when they are of sentimental value.
• Lessons from the Case: Avoid potential conflict by clearly outlining asset distribution in your estate plan and communicating your wishes to loved ones.

For more details, read the full article here.

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