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JULY 2020
IAAndersonLaw.com | 319-899-1492 | 425 Second St. SE, Suite 1150, Cedar Rapids, Iowa 52401
Lessons FromAretha Franklin’s Estate Planning Mistakes The Icon’s Family’s Turmoil Continues Years After Her Death
Aretha Franklin was a singer, songwriter, pianist, civil rights activist, Presidential Medal of Freedom winner ... and an unskilled estate planner. With all of her accomplishments, we are willing to forgive that last attribute, but Aretha Franklin’s estate plan is a great study in what not to do when it comes to dictating your final wishes. When Franklin passed away in August 2018, it initially appeared she didn’t leave a will. She apparently did not leave directions about how to respect her final wishes for the estate. However, months later, two alleged wills were discovered locked in a cabinet in her home. To further complicate matters, a third alleged will was found under the cushions of her living room couch. None of them had been formally prepared by an attorney. Thus began a legal battle that continues to this day. No longer united, Franklin’s family has fought over numerous issues, including who has the legal authority to serve as an executor, administrative fees the estate has paid, legal fees, the future ownership of her homes, the rights to her music royalties and memorabilia, and millions of dollars of other assets. Moreover, one of Franklin’s children allegedly has special needs, and her purported instructions for his care may or may not be implemented. The legal battle likely won’t be resolved until a court decides which, if any, of the three wills is authentic and, therefore, legally dictates the administration of her estate and the allocation of her assets. All of this could have been avoided if Franklin had gone to an estate planning attorney to help her prepare and execute her will. Although testamentary laws differ in every state, specific requirements must always be met to create a
legally valid will. For example, in Iowa, a will is only valid if it is in writing. Long-standing verbal promises or last-minute hospital declarations will not control how a person’s assets are distributed upon their death. Additionally, wills must be signed in the presence of two qualified witnesses who also sign the document. Because of some limitations on inheritances, I recommend the witnesses not be individuals who would receive an inheritance under the will. While not required, I encourage people to retain an attorney before attempting to draft a will on their own. Utilizing the expertise of an attorney ensures your will is legally valid and helps you avoid confusion, expensive litigation, and undesired distribution of your assets. I also recommend a self-proving affidavit, which allows a will to be probated without the legal filing of affidavits from witnesses. Finally, an attorney can help make sure you and your loved ones don’t pay unnecessary taxes and that your assets are distributed in a legally permissible way.
Franklin. The consequences of her failure to do so continue to cause animosity and uncertainty for her family, even years after her death. Perhaps she thought she had done it correctly on her own and her good health would remain with plenty of time to call a lawyer in the future. However, in these ever-changing times, it is important to make sure your estate plans are up to date — because even if we think we’re healthy and vibrant now, eventually a change is gonna come. Aretha Franklin’s estate planning woes serve as a cautionary tale of the risks of going it alone, without proper legal guidance. Please note my office is open for appointments only. I continue to meet with clients in person as necessary, but I am happy to visit with you over the phone to discuss any legal concerns you may have. You can call me at 319-899-1492 or reach me via email at Dan@ LAAndersonLaw.com . P.S. In case you missed the title of an Aretha Franklin song in the article, look again — there are seven of them. -Dani l J. Anderson
Picking up the phone to call an attorney is as easy for you as it would have been for Aretha
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THE CASE THAT WAS FROZEN ON ARRIVAL THE WOMAN WHO SUED DISNEY FOR COPYING HER LIFE IN ‘FROZEN’
This is the story of a woman who just couldn’t let it go. It was the fall of 2014 — Dennis Rodman became friends with North Korean leader Kim Jong Un. Ellen DeGeneres’ selfie with Oscar winners at the Academy Awards became the most retweeted image of all time. And an author sued Disney for $250 million after she claimed that the company stole major elements of her published memoir to craft the movie “Frozen.” “Frozen”was released in November 2013 and saw massive box office success and critical acclaim. It seemed like Walt Disney Animation Studios was finally hitting their stride and catching up to Pixar movies’ quality animation and storytelling. Unfortunately, high-profile movie projects and financiers with deep pockets tend to attract all sorts of hullabaloo in the form of frivolous lawsuits. Author Isabella Tanikumi, whose only notable work to date is her 2011 memoir “Yearnings of the Heart,” sued Disney for an egregious $250 million after claiming that the winter wonderland adventures of Anna, Elsa, and Olaf were stolen straight from her memoir and her life and
violated copyright law. She cited 18 “similarities” to bolster her massive claim. For instance, Tanikumi claimed that both her book and the movie had stories of intense sisterly love, scenes under the moon, and talk about cold hearts. The tenuousness of the similarities alone would cause most people to dismiss Tanikumi’s claim like they would the ramblings of a red yarn- loving conspiracy theorist. And that’s just what the judge who oversaw the case did, granting Disney’s motion to dismiss. The judge stated that copyright law protects expressions but not ideas. The themes that Tanikumi believed Disney had stolen from her story were under public domain, usable by anyone without permission. Only Tanikumi herself knows for sure why she went through all that trouble. Everyone else will just have to speculate what gave her the gall to take on a media juggernaut like Disney in court with next to no viable case. That said, several reviews of her memoir on Amazon mention ties to “Frozen,” so make of that what you will.
BEWARE OF THESE CORONAVIRUS EMAIL SCAMS They’re Still Around!
While it seems like the worst of the COVID-19 pandemic might be behind us, that doesn’t mean we should let our guard down completely — especially when it comes to internet scams designed to prey on the fear and uncertainty brought on by the pandemic. It’s no surprise that scammers have found ways to use the coronavirus scare as an opportunity to steal personal information from the vulnerable. Fortunately, you can spot coronavirus scammers using the same techniques that help identify otherwise run-of-the-mill phishing scams. REQUESTS FOR PERSONAL INFORMATION When the federal government started distributing relief checks, several scammers sent out unsolicited emails, disguised as legitimate instructions, asking for personal information from people in order to receive their $1,200. Since many people have now received their checks, this particular scam may become less common, but always be suspicious of emails that ask for personal information, no matter the circumstances. SUSPICIOUS LINKS AND EMAIL ADDRESSES During the past few months, people’s email inboxes have been littered with advertisements for fake coronavirus tests and cures, fake alerts from government agencies like the Centers for Disease Control and Prevention, and fake coronavirus updates. If you get an email containing an unusual link in your inbox, do not click on it — even if the email address looks
legitimate. Scammers use links to spread malware on computers, which helps them get your personal information.
SPELLING AND GRAMMAR MISTAKES This is usually a dead giveaway. While genuine, official updates about the coronavirus will be meticulously checked for spelling and grammar,
scammers aren’t as careful. Missing periods, misspelled words, and wacky syntax errors are all hallmarks of scam emails. Make sure you carefully read any email you’re not sure about.
If you can spot spelling and grammar mistakes, delete the email. Much like the coronavirus will remain in the American psyche long after cases and deaths have peaked, scammers will
continue using it as a means to steal from honest, hardworking Americans. But, if we keep our guard up, we can make sure they get absolutely nothing from their efforts.
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TAKE A BREAK
KNOCK KNOCK! WHO’S THERE?
The Wacky Evolution of the Knock-Knock Joke
Knock knock! Who’s there? Theresa. Theresa who? Theresa crowd!
Unless you’re living under a rock, odds are you’ve laughed, grumbled, or groaned in response to a knock-knock joke. You may have even told a few yourself before you realized knock-knock jokes had gone out of style in favor of sarcasm and memes. That’s because at their core, knock-knock jokes are a quintessential American experience — and the perfect homegrown fodder for International Joke Day, which falls on July 1. But where did they come from, and why do so many people knock the knock-knock joke today? Well, according to NPR, knock-knock jokes have had a roller coaster of a history. Near as we can tell, they actually evolved from another kind of joke: the “Do You Know” joke. This style of joke was popular in the early 1900s, and according to an Oakland Tribune article NPR dug up, this was a typical one:
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Do you know Arthur?
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Ingredients
Not very funny, is it? Well, over the years this style of back-and- forth jesting evolved into knock-knock jokes. The popularity of the “knock knock” bit of the joke could harken back to Shakespeare, who BestLife credits with “the first-known occurrence of a knock knock, who’s-there dialogue” in Act 2 of “Macbeth” (though it likely wasn’t intended to be funny), or it could be a reference to 1936 vice-presidential hopeful Frank Knox, whose name made “knock knock” irresistible wordplay for the radio. Whatever the reason, knock knocks were all the rage in the 1930s, to the extent that people formed knock-knock clubs, businesses held knock-knock contests, and orchestras set them to music. However, the heyday was short-lived. In the following years, people started getting sick of knock knocks, and even psychologists turned against them. According to NPR, “people who loved knock- knock jokes were said to have social problems.” Today, knock-knock jokes are still around, but they’re mostly considered a game for kids or demoted to the realm of “bad dad jokes.”Maybe you think that’s warranted, maybe you think it’s tragic — either way, odds are the format will continue to evolve and probably outlive us all!
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1 tsp salt
onion, red bell peppers, baby carrots, and yellow squash are great on the grill)
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1/4 tsp pepper
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1 1/2 tsp dried Italian seasoning
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5 tbsp olive oil
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1 1/2 tsp garlic, minced
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2 tbsp lemon juice
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2 lbs assorted vegetables, trimmed and halved (asparagus, mushrooms, red
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1/4 cup parsley leaves, chopped
Directions
1. In a small bowl, combine salt, pepper, Italian seasoning, and garlic. 2. Brush vegetables with olive oil and place in a large bowl. Top with lemon juice and seasoning mixture. Toss to coat evenly. Cover and refrigerate for at least 20 minutes but no longer than 2 hours. 3. Prepare the grill at medium-high heat. 4. Grill vegetables in batches, cooking 3–5 minutes on each side until browned and tender. (Carrots will cook longer, 6–9 minutes per side.) 5. Remove from the grill, sprinkle with parsley, and serve hot.
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425 Second St. SE, Suite 1150 Cedar Rapids, Iowa 52401
319-899-1492 IAAndersonLaw.com INSIDE THIS ISSUE
1
Lessons From Aretha Franklin’s Estate Planning Mistakes
The Case That Was Frozen on Arrival How to Spot a Coronavirus Scam Email
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The Secret to Delicious Grilled Veggies The Wacky Evolution of the Knock-Knock Joke
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What Does the Constitution Mean to You?
WHAT DOES THE CONSTITUTION MEAN TO YOU? Debating the Document That’s Shaped Our Country
Most teenagers are more interested in hanging out with their friends and listening to the next cool band than diving into the United States Constitution. But that’s exactly how some students have been spending their mornings, afternoons, and evenings: studying and preparing to debate their peers all over the nation about the contents of the 200-year-old document. Their motivation? Prestige, honor, and thousands of dollars of scholarship money. Sponsored by the American Legion, these constitutional debates were started in 1938 with the intent to “develop deeper knowledge and appreciation for the U.S. Constitution among high school students,” according to the Legion’s website. In the process of writing the speeches they’ll debate, students under 20 learn the history of U.S. laws and develop a better understanding of the rights and privileges of American citizenship. The legion offers up over $188,000 annually in scholarship money to debate winners. For one of those winners, in addition to helping pay her way through college, the debate experience also provided fodder for a Broadway play. In “What the Constitution Means to Me,” playwright and actor Heidi Schreck recounts her experience of debating the Constitution in American Legion halls all over the U.S. In the largely autobiographical play, theatergoers get to see the experience through the eyes of
15-year-old Heidi (played by Schreck in the original production) as she gives her speech and talks about the Constitution. At other times,
viewers see the grown-up Schreck reflect on the evolution of the Constitution’s meaning over the years and how her debate experiences shaped her understanding of what it means to live under the rules of this governing document.
For Heidi Schreck, as well as for hundreds of other debaters, developing a
close relationship with the Constitution helped pay her way through college and gave her a better understanding of the principles our country was built on. This month is a great time to take a look at the document that shaped our country’s past
and continues to shape its future.
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