From Rags to Riches to Estate Litigation

Tony Bennett's family in conflict over alleged undue influence.

Renowned and beloved singer Tony Bennett was diagnosed with Alzheimer’s Disease in 2016 and died in July 2023 at the age of 96. Bennett’s net worth was substantial. It was estimated he had made more than $100 million during his career, but his estate at the time of his death was valued at only $7 million. Bennett had established a trust in 1994, naming himself and his son Danny as co-trustees. His children, including Danny, Johanna, and Antonia, were named beneficiaries. Danny became the sole trustee when his father died.

Johanna and Antonia filed suit in June 2024, alleging Danny had failed to disclose all trust assets and that he engaged in self-dealing, receiving personal benefits from transactions involving trust assets. The women allege their brother had conflicts of interest and that he exercised undue influence over their father.

Tony Bennett's will stipulated that any tangible personal property not transferred to the trust would be distributed equally among his children. However, his daughters dispute the value and distribution of items like memorabilia, personal belongings, and assets bearing Tony Bennett's likeness. They accuse their brother of selling these items -- receiving substantial commissions in the process -- without notifying them. 

Assess the Involvement of Family Members and Advisors

The legal battle in the Bennett family highlights the complexities of estate planning and the importance of taking steps early in the planning process to avoid conflict which, in the end, will only decrease what a deceased client intended to leave behind for his or her family and other beneficiaries.

Ideally, elderly people and/or those living with mental disabilities such as Alzheimer’s Disease are surrounded by people who are dedicated to their best interests and carrying out their intentions. As we all know, however, not everyone’s motives are selfless and wholesome. That is why estate lawyers must take time to understand:

• Who is in the testator’s orbit who may have influence over key aspects of their lives, whether they are family, friends, caregivers, or business and financial advisors? 
• Who has control over the estate assets? Who has authority to make decisions in your client’s place, such as selling property?
• Who is scheduling their appointments, who is copied on emails, and who is reviewing legal documents?

If the distribution is unequal, you will want to be certain that that is your client’s intention and that they understand the implications.  

Additional Reading

Professionals who work with the elderly and/or disabled should take proactive measures to protect their clients from undue influence. To assist estate attorneys and planners in this mission, The Estate Lawyers has prepared a paper titled Undue Influence: Protecting Clients and Their Estates by Amy Gostanian, Managing Partner. Complete this form and download the paper now!