Alvin Rosenthal Might Disclaim Trouble

As discussed earlier on this blog, it appears that Leona Helmsley’s dog, Trouble, will benefit from $12 million left in trust.

Article One, § F of Leona’s will makes a specific bequest of Trouble to Alvin Rosenthal, Leona’s brother.

Recent reports reveal that Alvin, now 80 years old, is not interested in assuming the responsibilities of caring for Trouble.  See AP, Trouble for Helmsley pooch, AZCentral.com, Sept. 4, 2007.

What happens next?  Leona did name an alternate taker, her grandson, David Panzirer.  However, the condition on David receiving Trouble is for Alvin to have predeceased Leona.  Leona did not include language such as “or if Alvin is unwilling or unable to care for Trouble.”

Thus, Alvin will need to follow the proper procedures to disclaim his interest in Trouble so that for the purposes of this bequest, he will be treated as predeceasing Leona.  Of course, Alvin needs to be very careful that the disclaimer is properly worded so he does not inadvertently disclaim the other gifts to him in the will such as his outright bequest of $5 million and the $10 million in trust.

Another problem is also on the horizon.  When Trouble dies, she is to be interred in Leona’s mausoleum at Woodlawn Cemetery in the Bronx.  However, according to the above article, New York law “forbids animal remains to be buried in human graveyards.”

Special thanks to Brad Crider (J.D. Candidate, Texas Tech University School of Law) for being the first person to bring this article to my attention.