Avoiding Probate Litigation and Family Disputes: Lessons from Tony Bennett’s Estate

September 20, 2024
Bradley Campbell
Tyler probate litigation
Bennett's daughters are suing their brother over the family trust, which could have been avoided had Bennett done some things differently.
Attorney Bradley Campbell
Bradley Campbell
Bradley Campbell has over 35 years of experience. A trusted advisor and counselor, Attorney Campbell will help you find solutions for your case by focusing on personal attention, communication, and professionalism. If you need an attorney for probate, business law, or real estate with the experience and understanding to serve you with the individualized care and attention that your case deserves. Attorney Campbell provides consultations throughout the week at our convenient locations in Tyler, TX and Mineola, TX.

For many, estate planning is a distant concern. However, life events can bring it suddenly into focus. A recent headline involving the late singer Tony Bennett, “What We Can Learn from Tony Bennett’s Estate Dispute” serves as a stark example. Bennett passed without a comprehensive estate plan, leaving his family entangled in a legal dispute. This raises an important question: how can we prevent these kinds of estate disputes? Working with a qualified Tyler estate planning or probate litigation attorney is one step in the right direction.

What Happened to Tony Bennett's Estate?

In 1994, Tony Bennett created a trust, naming himself and his son Danny as co-trustees. The trust was partially funded. His wife, Susan, and children, Antonia, Danny Dae, and Johanna, were all listed as beneficiaries. Upon his death in 2023, Danny became the sole trustee. In June 2024, Johanna and Antonia filed a lawsuit saying Danny didn’t account for all trust assets and sales or other transactions about the trust assets. They also said he received personal benefits from these transactions.

Danny was more than a trustee—he was also his father’s manager. Benedetto Arts, LLC was formed to hold certain properties and estates. Danny was named manager of the LLC, and all of the children and the family trust held membership interests.

According to Tony Bennett’s will, any tangible property not transferred to the trust was to be distributed to his children equally. This included property, pictures and assets bearing his likeness. However, this equal distribution of assets has not happened.

Why Do Families Fight Over Inheritances?

Unfortunately, inheritance conflicts are all too common, even in Tyler, Texas. According to The Conversation, several factors can contribute to these disputes:

  • Lack of Clear Instructions: Vague wills or incomplete estate plans leave room for disagreement and confusion.
  • Unresolved Family Issues: Existing family tensions can resurface after a loved one’s death, making it difficult to find common ground.
  • Perceived Fairness: Family members may have differing views on what constitutes a fair distribution of assets.

In Tony Bennett’s case, his daughters are suing their brother, Danny, and his widow. Danny allegedly failed to provide full transparency to his sisters regarding their father’s assets.

Tony Bennett's daughters, Antonia and Johanna, are plaintiffs in a lawsuit against their brother, D'Andrea "Danny" Bennett, claiming he mishandled the estate. Additionally, their brother Daegal "Dae" Bennett and Tony Bennett’s widow, Susan Benedetto, are named as co-defendants. Antonia and Johanna allege that Danny did not fully disclose or manage their father’s assets, particularly earnings from the sale of Tony Bennett's music catalog and image rights. The lawsuit alleges that before Tony Bennett died but after he was diagnosed with Alzheimer’s, Danny sold items of his father’s memorabilia as well as his name and likeness. He received large commissions through RPM Productions, a separate company Danny owned. The lawsuit further alleges that Danny received loans of $1.2 million from his father.

Lessons from Tony Bennett’s Estate Dispute

The Bennett family’s ongoing battle is a cautionary tale. Whether or not the allegations are true, the lack of clarity in Tony Bennett's estate planning has divided his family in probate litigation. Even modest Tyler estates can create strife if there is ambiguity. The key to avoiding probate litigation and ensuring your wishes are fulfilled is having a detailed estate plan and appointing an impartial executor.

How Do You Avoid Probate Litigation in Tyler?

Here are some essential steps for avoiding estate disputes:

  • Plan Ahead: Don’t delay creating your estate plan. Early planning can help ensure your wishes are followed.
  • Appoint a Trusted Executor or Trustee: Many estate disputes, including the one over Tony Bennett's estate, stem from questions about the trustee’s management. Select an executor or trustee who is capable and impartial.
  • Seek Professional Help: An probate litigation or estate planning attorney can guide you through the complexities of the process, ensuring that your plan is thorough and legally sound.
  • Regularly Review Your Plan: Life changes, and so should your estate plan. Make sure your documents reflect your current wishes and circumstances.

The Importance of Choosing an Impartial, Third-Party Trustee for Large Estates

In large estates like Tony Bennett’s, conflicts of interest can easily arise, especially when a family member serves as both trustee and beneficiary. As Bennett’s competency declined, the risk of undue influence or coercion increased, complicating the management of his assets. Appointing a professional or corporate trustee, rather than a family member, would have reduced this risk. A neutral, third-party trustee with no personal stake in the estate would have been better suited to handle the complex structures of the Bennett estate, ensuring impartiality and minimizing family disputes. Read more in our article: Trust Dynamics in Texas Estate Planning: Insights on Avoiding Trouble with Your Trustee

How Does an Estate Planning Attorney Help?

Even if you’re not a world-class singer and entertainer, working with an experienced Tyler probate litigation or estate planning attorney and other impartial professional advisors is necessary to prevent litigation and family fractures. An experienced estate planning attorney can assist in many ways, from drafting legally binding wills to creating trusts that help protect and distribute assets according to your wishes. Proper Tyler estate planning can reduce the chances of family disputes and help preserve your legacy for future generations.

Secure Your Legacy with the Help of a Probate Litigation Professional

Estate planning may seem overwhelming, but you don’t have to face it alone. Our skilled probate litigation attorney at Campbell Law Firm can help ensure your estate is managed in a way that protects your loved ones and avoids unnecessary conflict.

Take Control of Your Tyler Estate with Campbell Law Firm

Avoid the stress and heartache of probate litigation by ensuring your estate plan is clear, comprehensive, and legally enforceable. At Campbell Law Firm, we provide personalized guidance for a range of litigation services, including probate litigation, will contests, estate disputes, and more. Whether you're planning your estate or dealing with the fallout from a poorly managed one, our team is ready to assist.

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