Post by Stephanie Carter, Elder Law Attorney with Draneas & Huglin, P.C.

Member, Senior Resource Alliance Northwest

In November 2004, Stieg Larsson, Swedish writer and journalist, died suddenly of a heart attack.  Larsson became famous after his death through the posthumous publication of his Millennium Trilogy (“The Girl With The Dragon Tattoo,” “The Girl Who Played With Fire” and “The Girl Who Kicked the Hornet’s Nest”).  Today, these books have sold more than 20 million copies in 41 countries and have been made into movies.

Larsson lived for 32 years with the architect Eva Gabrielsson.  They never married; they had no children; and he did not leave a will.  Swedish law makes no provision for common-law marriage.  Under the Swedish law of intestacy, Larsson’s entire estate was inherited by his Father and Brother, from whom he was estranged.

This disposition of Larsson’s estate sparked a bitter dispute between Larsson’s Father, Brother and Eva Gabrielsson.  Gabrielsson claimed that Larsson’s Father and Brother Larsson “were never a part of our lives” and that they are unsuited to handling his estate–including the valuable copyrights.

Larsson’s former workplace, Expo, owns the computer on which is stored the partial manuscript for the fourth book in the Millennium series.  Larsson’s Father and Brother own the contents of the computer.   However, Gabrielsson currently is in possession of the computer and has so far refused to hand it over.

Negotiations between the parties began in November 2009, but were broken off the following month when Gabrielsson announced she had declined a ”settlement” offer of about 2 million euros from Larsson’s estate (which is now valued in the tens of millions of euros).  The dispute remains unresolved.

Practical Application Under Oregon Law

The situation described above is unfortunately all too common.  The outcome under Oregon law would be similar to that of Sweden in this context. If a person dies with no will, the deceased person’s probate estate wil pass to members of his or her family in the order of priority listed in the statute.  If assets like bank accounts, certificate of deposit, and life insurance list beneficiaries, the asset will pass to the listed beneficiary.  If no beneficiary is listed, the asset becomes a part of the probate estate.

The problem also arises when a deceased person signs estate planning documents, but never updates them and does not regularly (every 3-5 years) check the beneficiary designations on assets that do not pass by will or trust.

It is very difficult when I have to tell a client that he or she will not share in a loved one’s estate because of outdated documents.  Do you have estate planning in place?  If so, how long has it been since you updated it?

Stephanie Carter, Draneas & Huglin, P.C., 4004 Kruse Way Place, Suite 200,
Lake Oswego, OR, (503) 496-5509, Stephanie@draneaslaw.com

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