Inheritance In America: Rights V. Slights

Today’s American mindset increasingly reflects a sense of entitlement in which people view poaching the resources of others as commensurate to days past when honorable asset acquisition resulted from a strong work ethic and self-reliance. Be it through government or private resources, honest or otherwise, “getting what you deserve” has become paramount in probate venues. Instruments such as wills, trusts and guardianships are now vehicles used for accessing the assets of others. Property poaching via wills and trusts typically happens posthumously, but asset looting can also occur preemptively (during a targeted individual’s lifetime) through a guardianship, so that upon death, heirs still have rights of inheritance but estates contain little or nothing to inherit.

The family of J.P. and Doris Manire, residents of Denton County, TX, had this experience. An effort begun in late 2004 left the couple both under guardianships appointed by a Denton County probate judge. Family members report that in 18 or so months, assets (cash and other investments) totaling about $500,000 appear to have funded court-appointed guardians and attorneys as well as paid for Doris’ nursing home expenses and medications despite family at that time being willing and able to care for the couple. Doris died May 2007.

Though intended to be the long-term home of their son and his family, the Manire’s homestead (house and acreage) was sold later in 2007 for approximately $150,000 with proceeds ostensibly earmarked to fund additional probate-related expenses. Shortly before his June 2008 death, the court agreed to return several modest bequests J.P. made to his son and grandchildren, bequests previously taken away by the guardians. A prepaid funeral contract was also approved for purchase. Weeks later, J.P. died and his grandson paid the balance on his grandfather’s burial, with reimbursement allegedly forthcoming from the estate.