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If you have small children you need a NY will: Estate of Nipsey Hussle

10
Jul

By Jason Stern

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If you have small children you need a NY will:  Estate of Nipsey Hussle

As a NY estate lawyer with two decades of NY estate litigation experience I have plenty of firsthand knowledge of the causes that spur NY estates to go badly.  A common thread within NY estate horror stories is failing to protect your NY estate with an attorney drafted NY will.  Just as important as directing who inherits your NY estate a NY will drafted by an experienced NY estate lawyer also directs who will ultimately control your NY estate when you are gone with the designations of an executor and trustee.  As any Ny estate lawyer will tell you that If you have children, especially small children, this portion of your NY will can be vital.  

For example if you are a single parent, or fear that your surviving spouse would remarry and possibly abandon your child, it happens, an attorney drafted NY will would give you a great deal of control even after you pass.  Your NY will would appoint an executor, a fiduciary to administer your NY estate while you would also be able to designate a guardian and testamentary trustee for estate assets left in trust for any minors.  These are important solutions your NY will can provide to some very difficult issues which are often incomprehensible to imagine until they arise.  These are the kinds of issues experienced Ny estate lawyers can spot and help you prevent well in advance.

Like most risk management tools such as life insurance, it is better for your family to have it and not need it than to need it and not have it.  Absent a NY attorney drafted will and estate plan, your entire NY estate may be jeopardized when you pass if different factions begin to fight for control of your assets when you pass.   If minor children are involved it may even cause NY estate litigation to ensue which can last months if not years until a resolution is reached, costing your NY estate dearly.  Most NY estate lawyers will tell you that the best way to protect your family and avoid costly NY estate litigation begins with the drafting and execution of an economical, simple, NY attorney drafted will.

Estate of Nipsey Hussle 

Ermias Joseph Asghedom was born on August 15, 1985.  Most knew the Los Angeles native by his stage name Nipsey Hussle.  Hussle was a successful artist and rising star within the hip hop community with an entrepreneurial spirit who became a role model and community activist in his violent hometown of Crenshaw.  In 2019, Hussle finally achieved critical acclaim when his album Victory Lap was nominated for a Grammy.  Even prior to his nomination Hussle’s work was well received by established greats such as Jay-Z and Hussle’s albums included collaborations with other artists such as DJ Khalid.  

As an influential community leader, Hussle denounced gun violence both in his music and by example even reaching out to the LAPD personally to prevent gang activities in the Crenshaw area.  Ironically, on March 31, 2019, Hussle was fatally shot during a community event he orchestrated outside his clothing store in Los Angeles.  At the time of his death Hussle left behind a $2 million dollar estate.  Unfortunately for Hussle’s two daughters , the thirty year old neglected to execute an attorney drafted will.  At the time of his death Hussle was raising his ten year old daughter Emani, from a previous relationship with troubled former girlfriend Tanisha Foster who could not maintain custody of the child, and his three year old daughter Kross who Hussle had raised with longtime girlfriend and actress Lauren London.  Hussle was a devoted father and good provider for his two daughters during his lifetime, but absent a will there is no way to guarantee that both of his children will receive their share of his estate without significant estate litigation. The main issue in the Hussle Estate is who will become the fiduciary of the Hussle Estate’s $2 million dollars of assets?  Absent a will any of Hussle’s next of kin, siblings or parents can claim control.  Another more troubling issue is who will act as trustee of the estate assets owed to Nipsey’s minor children in his absence?    

While having a will would have designated the appointment of an executor and trustee, Nipsey’s brother has now rushed to become the administrator of the Hussle Estate in an effort to protect the estate from 10 year old daughter Emani’s mother, Tanisha Foster.   Foster, who has plead guilty to driving under the influence and currently has bench warrants outstanding for her arrest is now fighting to contest the appointment of Hussle’s brother as administrator and threatening to petition the court to take control of the Hussle Estate seeking letters of administration herself. Luckily for the Hussle family, if Tanisha Foster is a felon this would disqualify her from becoming the fiduciary of his estate but she may still regain custody of daughter Emani as her biological mother and gain access to her inheritance at some point in the future. 

Having an attorney drafted will would have prevented nearly all of these estate issues from occurring. There is no question that Nipsey would have wanted the proceeds of his estate to pass to his two daughters, which will ultimately happen here by default.  However, this is a perfect example of form over substance as the form in which the Hussle Estate is controlled is just as important as who its beneficiaries are. Should the Hussle Estate fall into the wrong hands, there is little chance of either Emani or Kross realizing any portion of their father’s estate.  Here as in most other cases of NY estate litigation, an attorney drafted will would have definitely provided Hussle’s heirs with a much more orderly transfer of wealth.

If you think a family member or friend that may have an issue with a NY will it never hurts to ask the opinion of an experienced NY estate lawyer to see if it amounts to an issue worth litigating. Feel free to call the NY will contest lawyers at The Law Offices of Jason W. Stern & Associates for a free consultation at (718) 261-2444.   Our Queens estate lawyers have more than 60 years of combined NY estate law experience drafting and probating the wills for families like yours in the counties of Queens, New York, Kings, Bronx, Westchester, Rockland, Nassau, Orange, Dutchess as well as in the State of New Jersey.

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