Now that Bobbi Kristina Brown is gone, six months after she
mysteriously fell into unconsciousness, what happens to the estate she was to
inherit from her late mother, Whitney Houston?
Who will control the estimated millions Houston left in a
trust for Bobbi Kristina in her will?
Will it be her grieving father, Bobby Brown? He maintained a
vigil at her bedside as she lay in a medically induced coma for months in
Atlanta hospitals and a hospice.
Or will it be her maternal family, led by grandmother Cissy
Houston and her aunt Pat Houston, who also were at her side? They have
controlled the bulk of Bobbi Kristina's money under the terms of Whitney
Houston's will. One thing is likely: Many lawyers will be involved.
"It's going to be a windfall for the lawyers,
unfortunately," says Jerry Reisman, a trusts and estate-law expert and
partner at the Long Island firm of Reisman, Peirez, Reisman and Capobianco.
Just three years after her mother was found dead in a
bathtub at the Beverly Hills Hotel, Bobbi Kristina was found unresponsive and
face down in a bathtub in her Roswell, Ga., home, on Jan. 31. She died Sunday
at age 22 at a hospice outside Atlanta.
It is still unclear what happened to her and why, but local
police and the district attorney have been investigating whether a crime was
committed.
An autopsy to be performed by the Fulton County Medical
Examiner could take weeks to produce results, according to a statement issued
Monday.
The Brown and Houston families, who have not seen eye to eye
on Bobbi Kristina for years, may be headed for a long and expensive litigation
unless the two families can come to some agreement outside court. They have
already demonstrated they can.
In April, Bobby Brown and Pat Houston were appointed
guardians over Bobbi Kristina by a Georgia family court, and a conservator was
appointed to look after her assets. Family court hearings in Georgia are closed
to the public so no one in the families has spoken publicly about the
proceedings.
Bobbi Kristina estate: Bobby Brown reportedly files for
guardianship
David Long, attorney for Houston, released a statement for
her saying at the time the guardianship case was a "family matter"
and would not be discussed publicly.
"We hope to resolve this in a manner that is respectful
of Bobbi Kristina's sensitive health information," the statement said.
"The Houston family has always looked out for the best interest of Bobbi
Kristina Brown. ... We trust that others have the same objective."
But the questions about what happens now to her estate
suggest a murky legal situation, Reisman says.
"Everyone is going to try to grab (her money), but it's
not necessarily up for grabs," Reisman says. "And it's a lot of
money. Don't forget the royalties coming in (from Houston's music). That estate
is never going to end." Neither could the potential litigation arising
from this case of mother-daughter tragedy, he says. Inheritance laws differ
from state to state, he says, but the terms of Whitney's will are likely to
trump all state laws unless the terms are disputed in court.
If so, "the court would have to determine what
(Houston) meant to do," he says. "But generally the will
governs."
And under its terms, Bobbi Kristina was not to get full
access to all the money until she turned 30.
When Houston died in 2012, her estimated $20 million estate
was left to Bobbi Kristina, who was her only child. Houston first drafted her
will in 1993, and she amended it in April 2000, but even after that Bobbi
Kristina inherited everything — all of Houston's money, furniture, clothing,
cars, including the townhouse in Roswell where she had been living.
The estate was placed in a trust until Bobbi Kristina turned
21, on March 4, 2014. At that time, she received 10% of the estate, or about $2
million. The will dictated that she was to get another sixth of the estate when
she turned 25, and the rest at age 30.
So now what?
Under the terms of the will, it goes to Cissy Houston, and
Whitney's two brothers. Cissy was named executor of the will but renounced the
appointment, and a Georgia probate judge later named Whitney's sister-in-law
and manager, Marion (Pat) Houston, as the sole administrator of the estate.
And What about the
father?
Originally, Bobby Brown was listed as a beneficiary in the
will, too, but he and Whitney divorced in 2007.
Reisman says that means that generally Bobby Brown would not
be entitled to any part of his ex-wife's estate now that Bobbi Kristina has
died.
But, says Atlanta estate lawyer Bruce Gaynes, he would be
entitled to whatever Bobbi Kristina has received so far from her mother's will.
"For the purposes of Bobbi Kristina's estate, he is the
sole beneficiary, if she has no husband and if she has no will," says
Gaynes, of the Kitchens Kelley Gaynes firm.
Bobby Brown could seek to gain control of some or all of the
Whitney millions in trust for his daughter, but "he would have to argue
that in court and it would mean a lot of litigation," Reisman adds.
Bobbi Kristina Brown and Nick Gordon in August 2012
What about the rights, if any, of Bobbi Kristina's
boyfriend, Nick Gordon?
Bobbi Kristina claimed on social media that the two were
"married." If he can produce proof of this marriage, Reisman says,
then he might be entitled.
"If they are married, in every state, assuming there is
no (Bobbi Kristina) will, a husband has certain marital rights to a spouse's
estate, and absent a waiver or a pre-nup agreement, it's almost impossible to
prevent that spouse from obtaining a share, if not all, of an estate,"
Reisman says.
But Bobby Brown insists Gordon was not married to his
daughter, and so far, Gordon has not produced any proof. Moreover, Gordon is a
possible target of the investigation of what happened to Bobbi Kristina, and
has been sued for millions by her court-appointed conservator, Bedelia
Hargrove. That lawsuit asserts that Gordon beat up Bobbi Kristina the day she
was found, knocking out a tooth and leaving her unconscious and suffering from
what her grandmother later said was "global brain-damage." He also
allegedly stole thousands from her bank account while she was unconscious, the
lawsuit charges.
Halperin, an
investigative journalist who looked into the circumstances of what happened to
Bobbi Kristina for his book, Whitney & Bobbi Kristina: The Deadly Price of
Fame, says police in Roswell may now move forward now that Bobbi Kristina has
died.
"The autopsy is the final detail," Halperin said.
"The police will release their findings soon. My sources say criminal charges are most
likely to be filed."
Lawsuit start of big trouble for Nick Gordon
Some states allow common-law marriages; Georgia, where they
had been living, no longer does.
"He's going to have a very difficult time proving they
were married," Reisman says. "And even if he could make the case, he
has no rights (to an estate) under a common-law marriage."
Gaynes says that if there is a dispute over the estate and
Gordon's relationship to Bobbi Kristina, it won't follow the typical reason for
such disputes.
"More often than not the most typical reason for
disputes seems to be a second marriage (widow or widower) with the children
from the first marriage," he says. "A dispute about whether there was
a marriage — that would be unusual. Fighting over money? Not unusual."
Could Gordon still benefit?
Bobbi Kristina's relatives could pay him with a percentage
of her estate to go away, Reisman says, to avoid years of litigation.
"If he gets lawyers, they would go 'forum shopping' as
we call it, looking for the state with the best possible forum most favorable
to them," Reisman says. "If he does bring litigation, he would lose
but it would probably be wise for the family to settle with him."
On the other hand, if Gordon is charged and convicted of
having some involvement in the events that led to Bobbi Kristina's death, a
settlement is unlikely.
If he were to be convicted, the state "slayer
statute," which most states have, would prevent him from inheriting from
Bobbi Kristina's estate, Gaynes said.
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