Redmond Office Law Blog

Although many of us cannot relate to being the heir to the Hooters franchise with an estimated value of $130 million.  Many of these families face similar issues as those of more simple means. With the recent death of Robert Brooks, owner of the Hooters franchise, the family is facing a variety of issues that should have been addressed prior to the owner’s death. Mr. Brooks was survived by his son Coby Field of his first marriage, his daughter Bonie Bell of his second marriage and his wife Tammy, who was 21 years his junior. Mr. Brooks’ son was actively involved in the business and it does not appear from the simple Will that Mr. Brooks prepared that he accounted for his son’s active participation. Mr. Brooks also failed to provide for any privacy by merely setting up a simple Will.

Individuals that are involved in second marriages with children of a previous marriage and children of the current marriage need to take a variety of issues into consideration. For example, is there an active child in the business and should that child receive special consideration when it comes to the transfer of the family business? Should the children of both marriages be treated equally? Should the second wife receive a large inheritance if the assets were owned before the marriage? Do you want your assets and family feuds to become public knowledge which is what happens when a Will is probated or would you prefer to have things handled more privately with a Living Trust?

In addition to all of that, individuals need to make sure that their estate plan is up to date. From the information provided, it appeared that Mr. Brooks was not even living with his second wife at the time of his death. Clearly, if you have separated from a spouse, in middle of divorce proceedings or if the relationship has changed significantly, an update to your estate plan may be necessary.