Ways to Avoid the Litigated Estate Should Mental Capacity Decline
News coverage of celebrities dealing with dementia – their own condition or that of a loved one – illustrates the consequences of not anticipating the loss of mental capacity. Without proper planning, it can undermine the individual’s welfare and the execution of their estate.
June is Alzheimer’s and Brain Awareness Month. In support of the educational goals behind that designation, we bring you our third post of the month designed to shine a light on the avoidable damage these diseases can inflict on families and how to avoid it. Here are a few celebrities whose estate plans would have been improved dramatically had they taken a few critical steps earlier in life.
[Read our previous posts: Dementia Does Not Have to Derail Estate Plans by Justin Kincheloe and Tips for Families Whose Loved Ones are Living with Dementia.]
Brooke Astor
The case of Brooke Astor, a beloved philanthropist, socialite, and author known for her support of New York City’s cultural and charitable institutions, underscores how a testator’s mental capacity can become central to both criminal and civil litigation. Astor, who suffered from Alzheimer’s disease in her later years, was exploited by her son, Anthony Marshall, who was convicted in 2009 of manipulating her estate for personal gain. His son, Philip Cryan Marshall, eventually succeeded in suing to remove his father as Brooke Astor’s guardian and replacing him with Annette de la Renta, the wife of designer Oscar de la Renta. This high-profile case reveals the dangers of undue influence and the vulnerability of aging individuals. It also emphasizes the need for robust legal safeguards—such as medical evaluations, independent oversight, and clear documentation—to protect estate integrity. Read our previous post on spotting potential undue influence.
Tony Bennett
Renowned crooner Tony Bennett was diagnosed with Alzheimer’s Disease in 2016 and died in July 2023 at the age of 96. Bennett was estimated to have made more than $100 million during his career, but his estate at the time of his death was valued at only $7 million. Bennett established a trust in 1994, naming himself and his son Danny as co-trustees. Danny and his sisters, Johanna and Antonia, were named beneficiaries. Danny became the sole trustee when his father died. Johanna and Antonia sued in June 2024, alleging Danny had failed to disclose all trust assets and that he engaged in self-dealing, receiving personal benefits from selling trust assets. The sisters allege their brother had conflicts of interest and that he exercised undue influence over their father. Once again, this was an estate that would have benefited from more robust legal safeguards.
Gene Hackman
Beloved actor Gene Hackman, known for iconic roles in The French Connection and Unforgiven, died on February 26, 2025, at age 95. His wife, Betsy Arakawa, had died approximately a week earlier from hantavirus pulmonary syndrome, a rare rodent-borne illness, in their Santa Fe, New Mexico home. Hackman, who had advanced Alzheimer’s disease, died of heart disease complicated by his cognitive decline. Their deaths revealed significant estate planning deficiencies: both had outdated wills from 2005 naming only each other as beneficiaries, with no alternate heirs or contingencies. As a result, Hackman’s estimated $80 million estate is now in legal limbo, potentially subject to intestate succession and disputes involving his estranged children and charitable intentions outlined in Arakawa’s will. The case underscores the critical importance of regularly updated estate plans, clear beneficiary designations, and provisions for incapacity—especially when cognitive decline is a factor. Read our previous post by Carl Jones.
Jay Leno
Comedian and former Tonight Show host Jay Leno has taken on the role of full-time caregiver for his wife, Mavis, who was diagnosed with advanced dementia in 2024. Though he may have addressed her condition later than he would have liked, Leno acted decisively by filing for and securing a conservatorship to ensure her well-being. Now 74, Leno has also established a living trust to guarantee that Mavis will be cared for even if he passes away first. In recent interviews, he has spoken candidly about the emotional and physical challenges of caregiving, while emphasizing his deep commitment to their 45-year marriage. Their story highlights the critical importance of proactive legal planning—especially for couples facing cognitive decline. Durable powers of attorney, advance directives, and updated estate documents are essential tools to ensure that a loved one’s wishes are respected, and their care is managed appropriately, even in the face of life’s most difficult transitions. Read our previous post by Ryan Kalashian.
Sumner Redstone
The legal battles surrounding billionaire media mogul Sumner Redstone’s estate underscore the critical importance of having clear, well-documented estate plans. Years of litigation focused on Redstone’s mental capacity, raising questions about his ability to make decisions in his final years. The prolonged disputes not only strained family relationships but also highlighted how ambiguity in estate planning can lead to costly and emotionally taxing legal challenges. Redstone was the longtime chairman and controlling shareholder of Viacom and CBS. He oversaw the acquisition of major entertainment assets including Paramount Pictures, MTV Networks, BET, and Simon & Schuster. Redstone’s case serves as a cautionary tale for individuals and families, emphasizing the need for proactive planning, regular updates to legal documents, and clear communication to ensure one’s wishes are honored without dispute.
Robbie Robertson
Robbie Robertson, the legendary guitarist and songwriter best known for his work with The Band and his collaborations with Bob Dylan and Martin Scorsese, died in August 2023 at age 80 after a long battle with prostate cancer. His death sparked a contentious legal battle over his estate, primarily between his three children—Alexandra, Delphine, and Sebastian—and his second wife, Janet Zuccarini. The children allege that Zuccarini exploited Robertson’s declining health and mental capacity to manipulate him into signing documents that favored her financially. They claim she coerced him into a secret marriage, a prenuptial agreement, and the purchase of a $6 million Beverly Hills home, for which Robertson allegedly paid the full $1.8 million down payment. Zuccarini, in turn, claims Robertson willingly signed the documents and that the children should now cover the home’s expenses. The lawsuits have been consolidated and ordered into arbitration, with both sides accusing the other of financial misconduct.
Carl Westcott
It is a dispute that pits a “real housewife” and her wealthy but bedridden father-in-law, founder of 1-800-Flowers, against a pop music icon who was twice-named by Billboard Magazine as one of the greatest pop stars of the 21st Century. The question is whether millionaire entrepreneur Carl Westcott, 84, had the mental capacity to sell his mansion to singer Katy Perry in 2020 for $22 million, an amount reportedly $3.8 million more than he had recently paid for it. Westcott’s daughter-in-law, Kameron Westcott, a Real Housewives of Dallas cast member, is trying to unwind the deal, arguing Mr. Westcott lacked the mental capacity to make such a decision. He was reportedly taking pain medication following back surgery at the time, which is said to have clouded his judgment. Mr. Westcott, who also has Huntington’s disease, claims he tried to cancel the transaction days after signing, but Perry allegedly ignored the request. Perry maintains that the agreement is binding and enforceable. A judge agreed with her last year. The Westcotts have sued to rescind the contract and will have the burden of proving medical incapacity in part through medical evidence. It is an issue that often presents itself in estate disputes and serves as a reminder to families to ensure their parents are competent to make important decisions.
Wendy Williams
Wendy Williams, the former talk show host known for her bold personality and long-running daytime series, has faced a deeply personal and public battle with frontotemporal dementia and primary progressive aphasia, diagnosed in 2023. In 2022, a judge placed her under a court-ordered guardianship after concerns were raised by her financial institution about her health and the management of her finances. The guardianship, which remains in place, has sparked widespread debate about autonomy, mental health, and elder care. Williams has since spoken out in interviews, including on The View, disputing claims of incapacitation and asserting her desire for independence. Her family and supporters have launched a GoFundMe campaign to help her regain control of her life and estate. The legal arrangement has significantly impacted her ability to manage her assets and make personal decisions, underscoring the importance of proactive planning, transparency, and oversight in cases involving cognitive decline and guardianship.
Conclusion
The stories of individuals and families navigating dementia and its associated challenges highlight the profound impact of cognitive decline on personal welfare, relationships, and estate management. Whether through exploitation, legal disputes, or unpreparedness, these cases underscore the urgent need for comprehensive planning and proactive measures. Ensuring that legal frameworks are in place to address mental incapacity can prevent heartbreak, financial loss, and unnecessary conflict among loved ones.
Key Takeaways
- Proactive Estate Planning: Regularly update wills, trusts, and other legal documents to include contingent beneficiaries and provisions for incapacity.
- Independent Oversight: Employ neutral third parties to oversee significant financial and legal decisions to safeguard against undue influence.
- Medical Evaluations: Obtain professional assessments of mental capacity when making critical decisions, especially for aging individuals or those with known cognitive conditions.
- Communication and Transparency: Foster open dialogue among families to mitigate misunderstandings and reduce the potential for disputes.
- Durable Powers of Attorney and Advance Directives: Establish these documents early to ensure that personal wishes are respected and care is appropriately managed in times of incapacity.
- Getting Ahead of Conflict: For estate planners and estate attorneys whose clients are at risk of dementia or other incapacitating illnesses, a consultation with an estate litigator could help prevent the kinds of complicated and expensive situations experienced by the well-known high-asset people noted in this post.
These steps not only honor the dignity and autonomy of individuals but also provide peace of mind for families, ensuring that the legacies of their personal celebrities are protected and faithfully carried forward.
