Cory Monteith Shows How Even Young Adults Need Wills
Glee fans across the globe were stunned when news spread of Cory Monteith’s death by cocaine and alcohol overdose on July 13, 2013. The heartthrob actor was only 31. He had struggled with drug addiction since he was a teenager.
In an interview with Good Morning America, Cory’s mother attributed his struggles with drugs at an early age due to the lack of a relationship with his father, even saying that Cory tried extra hard because he had been “invalidated” by his father.
Cory’s father, Joe Monteith, disputed this and blamed Cory’s mother instead. He said his job in the Canadian military kept him away from home for months at a time, but he tried to maintain a relationship with Cory. In fact, he says his ex-wife prevented communication and rejected Christmas gifts he sent to his son.
Obviously, it’s hard to determine whose side of the story is correct. But there is no dispute that Cory wasn’t close with his father. According to Joe’s interview in People magazine, he and Cory went eleven years without seeing each other, until Cory contacted his father about two years before he died. It is interesting that it was Cory who re-established contact, not his father.
The complicated family dynamic led to an interesting question about who should inherit Cory’s estate. Cory was unmarried and had no children, leaving his parents as his closest relatives. But Cory died without a will (called “intestate”). Therefore, state law — not Cory’s wishes — determines who inherits his assets.
Typically, that means both parents would inherit equally. However, most states follow the Uniform Probate Code’s lead and make an exception when a parent either did not openly treated the child as his or hers or refused to support the child. Cory Monteith’s mother claims that Joe fits squarely under this rule of law, being tantamount to a “deadbeat dad.” Media reports recently surfaced that Joe Monteith did not contest this. He signed a document filed with the probate court admitting he did not communicate with Cory from the age of nine to his twenties, and he failed to pay child support.
However, Joe challenged this, contending that he never wanted anything from his son’s estate, which is valued at $810,000. Cory’s father agreed to sign the document giving up any claim to the estate, but said that does not mean that he was a deadbeat father. Joe’s current wife said that Joe did not read the document he signed and was unaware that it contained admissions of not communicating with or supporting his son. To the contrary, Joe and his wife said the support was taken directly from his paycheck.
In the end, it doesn’t matter if the allegations are true or not. If Joe is not seeking any share of the estate, then Cory Monteith’s mother will receive it all.
What about Cory’s Glee co-star and girlfriend, Lea Michele? Because they weren’t married, she is not entitled to anything. Certainly Cory’s mother can give something to her if she wants, but that would be completely up to her.
Do you think Cory Monteith would have wanted his girlfriend to receive something? How would he have felt about his estate being tied up for a-year-and-a-half until the question of whether or not his father should share in the estate?
Under the law, what Cory wanted simply does not matter. He didn’t have a will. His estate highlights an important lesson — every adult should take the time to make out at least a basic will. Otherwise, the laws of the state he or she lives in will determine who receives what assets. With intestate estates, the probate process often becomes longer and more complicated than it needs to be. Who will be the administrator or executor? How will the assets be divided? What about sentimental items? Who will handle the funeral and burial arrangements? These questions all become much more difficult to answer when there is no will.
Studies show that up to two-thirds of adult Americans don’t have a will. Certainly, younger adults in their twenties and thirties often won’t stop to think about needing a will, as with Cory Monteith.
But no one is promised tomorrow. And no one should wait until they are “old” to do their estate planning. Perhaps young adults who are fans of Cory Monteith and Glee can learn from this tragic story.
Danielle and Andy Mayoras are co-authors of Trial & Heirs: Famous Fortune Fights! You can find them on Facebook , Twitter, and Google Plus.
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From Guitarist John Bollock on Facebook, 01/24/15:
In 1987 Capitol Records and Michael Jackson sold the rights to use the song ‘Revolution’ in a shoe commercial. The Beatles sued, the case ended in a secret settlement out of court, and Nike stopped using the song.
John said he got this tidbit of info from the book, “Uncle John’s Bathroom Reader” . . . there are like 30 or 40 editions and each is filed with stories just long enough for a ‘sitting’. 🙂