If the lawsuit filed by the children of late Band guitarist Robbie Robertson sounds like a broken record, that's because we unfortunately hear about this scenario all too often. Robertson's children are accusing his widow, Jane Zuccarini, of fraud and financial abuse of the elder, alleging that she took advantage of an ailing and vulnerable Robertson “to enrich herself at the expense of Robertson's children.”
According to court documents, three years after they started dating, Zuccarini allegedly convinced Robertson to sell his house to buy a $6 million home in Beverly Hills together to co-own. The complaint, however, alleges that Robertson repaid the $1.8 million advance in full. The complaint further alleges that Zuccarini planned a secret wedding in March 2023, months before Robertson died, and that Robertson's family only found out hours after it happened after showing up at what they thought was a party. anniversary. Zuccarini also allegedly had Robertson sign a prenuptial agreement and an amended tenancy agreement prepared by her lawyers before the wedding that stated if either of them died, the deceased's estate would continue to pay half of the mortgage.
Benefited from
According to Robertson's children, all of this continued while Robertson was ill — he was battling cancer, undergoing surgery and chemotherapy, and taking prescription medications including opioids, THC and antipsychotics. They argue that, as a result, Robertson lacked the mental capacity to read and understand the documents he signed. of even the children affirm that their father assured them after the wedding that nothing in his estate had changed and that they would “have the option of either buying the Beverly Hills home from Zuccarini, selling her his interest, or selling it with her and to share the income”.
Weeks after Robertson's death, Zuccarini allegedly bragged to Robertson's two daughters, in text messages and in person, that if Robertson knew what he was signing, he would never have agreed. She also informed them that, under the amended joint tenancy agreement, she has the right to live in the house until her death, and that Robertson's estate and trust are required to cover her living expenses in Beverly's home. Hills, including mortgage payments, pool maintenance. cable bills, etc., which would essentially drain the entire inheritance from the children. Her attorneys also objected, stating that if Zuccarini doesn't get what she wants, they will default on a previous agreement and that Zuccarini would be “a neglected spouse who would be entitled to a third of the whole estate of Robertson”.
Financial elder abuse, undue influence and disability
The suit seeks rescission of the amended agreement and seeks damages related to claims of elder abuse and interference with inheritance.
According to Jennifer Campbell, partner at Karlin & Peebles in Los Angeles, it is not unusual for a petition challenging an estate plan to consist of financial elder abuse, undue influence and disability claims. To prevail on these claims, “the burden of proof is on the plaintiff, and the level of certainty to which the plaintiff must prove the plaintiff's case depends on the type of allegations the plaintiff is making,” Campbell said.
“For example, if the challenge to the decedent's estate planning documents is based on the claim of the decedent's incapacity, then the plaintiff must present to the court evidence establishing by a preponderance of the evidence that the decedent lacked the requisite capacity to sign the planning documents of the decedent's estate,” explains Campbell. This can be more challenging than it seems, as you have to overcome the presumption that the testator had capacity when the documents were signed. Additionally, Campbell adds that simply having a diagnosis of dementia or chronic pain is not enough to prove disability.
“Although evidence of what other activities the decedent was engaged in (or not engaged in) at the time the disputed estate planning documents were signed is helpful, these cases often come down to a battle of geriatric psychiatrists, who are the expert witnesses. on the capacity of the testator”, she concluded.