Robin Williams’ Potential Planning Pitfall

Following Robin Williams’s tragic death, a quarrelsome court battle over his estate exploded between his widow and his three children from two previous marriages.  Not only are they arguing over the division of wealth, but also over Williams’ personal effects and belongings. 

According to court documents, both sides want the majority of Williams’ memorabilia.  Furthermore, his children claim that their father’s widow acted against wishes outlined in his estate plan. Williams’ will, filed after his death, left his entire estate to a trust, which included his three children as beneficiaries.  After he married his third wife, she signed a prenuptial agreement and the trust was updated. 

Although Williams did good planning, his estate still ended up in a court battle.  One of these reasons may be Williams’ use of a will to set up a trust.  One of the main benefits of a “living” trust—one that is created and funded while you are alive—is to avoid probate.  If Williams had set up a living trust, there would be no probate for the assets in the trust; thus, it would be more difficult to contest the trust.

See Bonnie Kraham, Bonnie Kraham: Living Trust Can Help Avoid Problems, Times Herald Record, March 18, 2015.