Mottley Law Firm - Fall 2022

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FALL 2022

THE MOTTLEY CREW REVIEW

www.MottleyLawFirm.com | (804) 823-2011

CELEBRATING THE PASSING OF A GREAT MAN

This month’s edition of The Mottley Crew Review is coming a bit late because we’ve been busy on a couple of sizeable cases. But I did not want to let the month go by without sticking to our monthly regimen of issuing it. September seems to have a lot of things going on. It is a season of change, with summer winding down and fall gearing up. One thing that happened, on Sept. 11, to be exact, was National Grandparents’ Day. For my family, and for me, that day this year seemed to get a bit more focus. That is because, on Thursday, Sept. 8, 2022, my grandfather — who we affectionately called Granddaddy — passed away. He was 96 years old. He was born in 1926, the same year as Queen Elizabeth II. Coincidentally, he passed away the same day as the queen and we estimate it was at roughly the same time. He left behind his children, numerous grandchildren, and many, many great-grandchildren including, of course, my three children.

my grandmother, our family, and perspectives on life that I otherwise would have never known. On a few occasions, he would laugh and say, “I wouldn’t print that!” as to something he shared. But overall, the sum

and substance of that conversation was captured in that edition of the newsletter. (Incidentally, all of

You may recall that, in April 2019, I did the cover story in our newsletter on Granddaddy to commemorate his 93rd birthday. To write that article, I sat down with him for several hours. That meeting and conversation is something I will always remember and cherish. That is because it forced me to pause my hectic, incredibly busy life and just listen to him. He basically told me

our past newsletters, including that one, are available for viewing and downloading on our website.)

So, this Grandparents’ Day, we mourned the passing of a great man and a person who’s been a part of all of our lives — and a big influence on them — for a long time. But we also celebrate the race of a life that he ran and the way he ran it. I know that Grandparents’ Day this year has come and gone. But if you have never done it before, I encourage you to sit down with your grandparents and get them to just tell you their life story. I promise you it will be a memory you will cherish, and it will add some much-needed perspective to whatever life is throwing at you at the moment.

Happy beginning of Fall 2022!

his life story, start to finish. I learned things about him,

–Kevin Mottley

www.MottleyLawFirm.com | 1

GET OUT AND MINGLE As humans, we thrive on love and companionship. In our golden years, that desire and the benefits that come from it don’t go away. In fact, socialization is especially important for seniors. According to a study from the Harvard School of Public Health, a healthy social life in your 50s and 60s slows down the rates of memory loss and deterioration. It also provides many other positive benefits.

THE IMPORTANCE OF SOCIALIZATION IN RETIREMENT

FOSTERS POSITIVITY After your working years come to a close and you no longer interact with coworkers, loneliness and isolation have a higher chance of settling in. Socialization is key to keeping your spirits high. So, to create and maintain positive relationships, make plans with friends and family to keep yourself busy and entertained. REDUCES STRESS In today’s world, stress can creep up easily. Whether it’s a busy schedule, worry about family members, fear of shifts in the economy, or unstable current events overseas that keep you on edge and anxious, get out and do something! A night out with a friend or even just time spent chatting with a family member on the phone can help to reduce stress. INCREASES SELF-WORTH Social activities such as exercise classes, group dinners, walks with a friend, or events at a clubhouse are great ways to build friendships. While friendships are a two-way street, being on the giving side can help you feel needed and increase your self-worth. To be good company is a great way to help others, which makes you feel great about yourself, too! Engagement, socialization, and creating meaningful relationships are necessary components of being happy and healthy, especially as you age. So, sign up for water aerobics, take that group pottery class, go fishing with your friends, take your neighbor up on that walk, and go to that party! You just might have a great time, and you’ll never regret interacting with others!

Don’t Make Prince’s Estate Planning Mistake! SAVE YOUR LOVED ONES MONEY AND HEARTACHE

The pop star Prince was fantastic at hitting high notes and cranking out No. 1 hits like “Kiss,” but he had a serious flaw: He was terrible at estate planning. This single oversight has cost his family thousands of dollars and caused them years of heartache since his death in 2016. When Prince, only 57, passed away from a drug overdose, he didn’t leave behind a will or any other legal documents. He may never have thought about his estate plan, or maybe he planned to deal with it when he retired. Either way, the lack of documents left his family without any idea whom he wanted to inherit his $82 million estate. This confusion kicked off a long legal battle. Prince’s siblings, ex-wives, and other relatives all wanted a piece of his fortune! For a moment in 2017, the world thought the probate fight was finally over when a judge in Minnesota sided with Prince’s sister and five of his half- siblings. However, more people kept popping up to stake a claim. The family never got a chance to rest, and several of them passed away during the battle. Then, in 2021, things got worse. The IRS revalued Prince’s estate and claimed it was worth $163 million instead of $82 million. The extra value meant the estate owed an additional $38.8 million in taxes and penalties. Yikes! In July 2022, six full years after Prince’s death, the drawn-out probate fight finally came to a close. The IRS and Prince’s bank met in the middle and agreed to value his estate (including his real estate, back catalog, and unreleased recordings) at $156 million. His family

members divided up the assets; some kept their stakes, and others sold them to the music company Primary Wave. According to Rolling Stone, the company is on a mission to protect Prince’s legacy. You may not be as rich as Prince, but if you pass away without a will, you’ll set your family up for similar struggles, expenses, and heartaches. Don’t let that happen — put a will or trust in place today! And if you’re in the middle of an estate battle like Prince’s, call our team. We’ll make sure you’re treated fairly.

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SUDOKU

When You Can Do It, and When You Can’t One of our firm’s practice areas is handling family estate disputes. These sorts of cases can take numerous forms. But one issue that comes up often is the issue of “contesting” a loved one’s will. It seems we get calls about that often. Typically, someone is unhappy with the way a loved one left their estate in their will, and they want to know if there is any way to “contest” it. It is not uncommon for someone to feel short-changed or left out of their inheritance or confused by how their loved one handled their estate. YOUR GUIDE TO CONTESTING A WILL “Why did my grandpa leave all of his money to Cousin Betty?” they might ask. “I saw him once a week, and she only visited twice a year!” Another worry we hear is, “My friend passed away and he left everything to his girlfriend and nothing to his kids. I think she must have been manipulating him. What can I do?” In the vast majority of these cases, no legal basis exists for contesting a will. Most wills are drafted and signed with the assistance of a skilled attorney. Trained attorneys do not typically make mistakes in the technical requirements of a will, or in its wording. But in some cases, it is possible to contest a will. This is called “impeaching” a will. That said, you need strong evidence to successfully impeach a will. The court won’t take you seriously if you simply don’t agree with how your loved one handled their estate. When You CAN Contest a Will Assuming the will in question complies with the technical requirements of a will (that is another topic entirely), there are really two main circumstances in which a will may be successfully contested. 1. The person who made it lacked “testamentary capacity.” If your loved one didn’t have the mental capacity to understand who they were, what they were doing, and/or what was included in their estate or who the “natural objects of their bounty” were when they made their will, you can contest it. Ordinary confusion or moments of dementia don’t count here. The lack of capacity has to be such that they really did not understand what they were doing at the moment they created the will. 2. The person who made it was under “undue influence.” The bar for undue influence is extremely high. You basically have to prove that someone had a real or metaphorical gun to your loved one’s head while they were doing their estate planning. Guilt trips, persuasion, and other “common” forms of influence don’t count. When You CAN’T Contest a Will If neither of these scenarios describes your situation, and if the document in question was executed properly (it is a “will” under Virginia law), then you won’t be able to contest the will. If you think your loved one’s situation falls in the “CAN” category, call our office today. We can determine whether you really have a case and help you move forward with contesting the will.

SOLUTION

GRAPE, GOAT CHEESE, AND HONEY STUFFED SWEET POTATOES

INGREDIENTS

• • • • •

4 sweet potatoes

• •

4 oz goat cheese, divided 2 tbsp honey, plus additional for drizzling

2 cups seedless red grapes

1 tsp grapeseed oil

1/4 tsp salt, plus a pinch 1/4 tsp pepper, plus a pinch

• •

Pinch of cinnamon Pinch of nutmeg

DIRECTIONS

1. Preheat oven to 350 F. 2. With a fork, poke holes in potatoes. Tightly wrap each in aluminum foil. 3. On a baking sheet, place potatoes and roast for 45–60 minutes, until potatoes are tender. Remove and unwrap foil. 4. With a knife, slit each potato down the middle. 5. Increase oven to 450 F. 6. On a nonstick baking sheet, drizzle the grapes with grapeseed oil. Add a pinch of salt and pepper and toss to coat. Roast for 20–25 minutes. 7. Using a spoon, remove sweet potato flesh while keeping shape intact. 8. In a large bowl, mash sweet potato flesh with 3 oz goat cheese, cinnamon, nutmeg, salt, pepper, and honey. 9. Scoop filling back into potatoes. Top with remaining goat cheese, grapes, and drizzled honey.

Inspired by HowSweetEats.com

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PRST STD US POSTAGE PAID BOISE, ID PERMIT 411

8001 Franklin Farms Drive, Suite 125 Richmond, Virginia 23229

INSIDE THIS ISSUE

www.MottleyLawFirm.com | (804) 823-2011

1

Memories of Granddaddy

2

Why Socialization Is Important for Seniors

An Estate Planning Tip From Prince

3

Can You Contest Your Relative’s Will?

Grape, Goat Cheese, and Honey Stuffed Sweet Potatoes

4

The Insane Story of the 1904 Olympic Marathon

In 1904, the year of America’s first Olympics, the men’s marathon was a bizarre spectacle to behold. In fact, it was likely the most jaw-dropping event ever in the history of the Olympic Games. On that hot, sweltering summer day in St. Louis, MO, only 14 of the 32 Olympic competitors crossed the finish line on what was deemed the most difficult course anyone was ever asked to undertake. Thomas Hicks, the American who actually came in first, received the slowest time of all of the Olympic marathons since 1896. But why was this one so tough? THE CRAZY OLYMPIC MARATHON OF 1904 IT’S UNBELIEVABLY TRUE! With temperatures of roughly 104 degrees F and 90% humidity, a rigorous 24.85-mile course with seven hills was a bit much for competitors. Not to mention, support cars were churning up dust, leaving it behind for the runners to inhale, and they only had two water stations available before the halfway mark — and none in the second half! Even seasoned runners were not up to this crazy course! Three hours and 13 minutes after the marathon began, Fred Lorz, who had ridden a third of the course in a car, crossed the finish line. He was about to be adorned with a floral wreath when he confessed he had gotten so tired that he accepted a ride from one of the cars along the way, so he was disqualified.

Thomas Hicks, the true winner, was struggling with just 7 more miles to go. His fans on the sidelines provided him with a secret energy booster mix — a concoction containing strychnine (rat poison), brandy, and egg whites. By the time he crossed the finish line, he was hallucinating. And the fourth-place winner from Cuba wore dress pants and shoes for the entire race (because he lost his money gambling in New Orleans on his way to St. Louis and arrived after hitchhiking with nothing but the clothes on his back!).

This 1904 Olympic marathon went down in history as the most bizarre and wildly entertaining race. Luckily, but surprisingly, nobody died!

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