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  • InsideTrack
  • February 01, 2023

    The Presley Estate and Probate Litigation

    The death of Lisa Marie Presley brings to light issues such probate issues as determination of heirs, the power and duties of personal representatives, and the role of a guardian ad litem.
    guitar and money

    Feb. 1, 2023 – The public doesn’t often hear about the intricacies of estate or probable litigation until a celebrity dies. Lisa Marie Presley’s recent death at age 54 is the latest celebrity death now under the probate microscope as the Presley estate beneficiaries are determined.

    Writing for the Hollywood Reporter, Los Angeles attorney Benazeer Roshan noted that “Ms. Presley’s untimely death presents complex estate administration issues that will need to be sorted out in the coming months and, likely, years.” In fact, Lisa Marie's mother is now challenging her daughter's trust papers.

    One of the reasons for this complexity, Roshan notes, is that Lisa Marie, the only child of Elvis and Priscilla Presley, is a so-called “legacy celebrity.”

    Elvis was the “King” of Rock-n-Roll, Priscilla is a famous actress, and Lisa Marie was famous in her own right, not to mention that she was briefly married to Michael Jackson.

    Public records, according to Roshan, indicate she died with only $14,000, the result of alleged mismanaged assets by her business manager. But she owned Graceland, the residence that Elvis called home, an attraction for visitors worldwide.

    There’s also intellectual property and future revenue based on book or movie deals. So who will inherit? “It is too soon to tell what the final tally will be for Ms. Presley's estate, but the public will undoubtedly be enriched with the information and details that emerge as her post-death administration gets underway (or plays out in court),” Roshan wrote.

    The public may learn about things like jurisdiction for estate administration, determination of heirs, the power and duties of personal representatives, and the role of a guardian ad litem (GAL), which just scratches the surface of the probate process.

    For instance, Lisa Marie left three daughters – two are still minors – and a granddaughter, with future grandchildren possible.

    Had they lived in Wisconsin – according to Wisconsin Judicial Benchbooks Vol. V: Probate, Guardianship, and Mental Health from State Bar of Wisconsin PINNACLE® – a GAL must be appointed for any person interested who is a minor and 1) has no guardian of estate or 2) has a guardian of estate but the guardian’s interest is adverse to that of the minor, or the guardian fails to appear.

    In addition, a GAL may be appointed “for persons not in being or presently unascertainable,” also according to the Wisconsin Judicial Benchbooks, a five-volume series of handy outline-style guides, developed by the Office of Judicial Education and published by State Bar of Wisconsin PINNACLE®.

    The Benchbooks, including Benchbook volume 5 (Probate, Guardianships, and Mental Health), are written from the perspective of judges and court commissioners who have extensive experience in probate court, as well as guardianship and protective placement/services and mental health commitment cases. Vol. 5 delivers essential rules, citations, and commentary.

    As the Presley estate administration unfolds, the complexities of estate administration and probate litigation will come into greater focus on things like formal vs. informal probate, trustees and trusts, probate alternatives, and guardianships and conservatorships – all topics covered in detail in Benchbook volume 5.

    Wisconsin Judicial Benchbooks

    The five Wisconsin Judicial Benchbook volumes were developed by the Office of Judicial Education to provide judges with a practical, on-the-spot resource for use at trials and hearings. These books offer the same guidance to attorneys.

    Written by committees of experienced judges, the Wisconsin Judicial Benchbook series presents the information that many judges use to guide them through five broad categories of law, including:

    Quick access to essential information

    You’ll access information in each Benchbook quickly and easily. There’s a comprehensive table of contents at the beginning of each book, plus major-subject tabs for primary sections and individual tabs for every chapter.

    The chapters then have internal tables of contents to make zeroing in on information quick and intuitive. In addition, the books provide statutory citations and case law references in the left margin of each page, next to the corresponding discussion in the chapter outline. The Benchbooks are available in print, or through Books Unbound.

    What is Books Unbound?

    Books UnBound® is the exclusive online digital resource from State Bar of Wisconsin PINNACLE® Books. Since 2010, many of the “brown binders” and other treatises that lawyers have relied on for decades have been available in a digital format, which was recently upgraded through a partnership with Lexum, a legal software company.

    “It’s faster with a more modern look and feel, includes a more robust search function with Boolean and natural search options, and gives users one-click access to case law through Fastcase and primary law on official websites,” said Carol Chapman, publications manager for the State Bar of Wisconsin.

    “It also provides an expanded ability to create and search your notes, including the ability to embed URL links, images, and other helpful information directly in the notes and to print your notes with both the highlighted book text and your user-added comments.”


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