Another Estate Planning Lesson from Kobe Bryant

Passing away is inevitable for everyone, but it is especially jarring when it happens to a younger person or a celebrity, both whom we think of as almost immune from the realities of mortality. Nothing is certain, and incidents like what happened to Kobe remind us of this harsh truth.

Honestly, I did not really follow Kobe Bryant during his lifetime. Of course, I knew of him and knew of his spectacular career but nothing more than what was in the mainstream. However, in the wake of his passing in a tragic helicopter accident I have been struck by his legacy and have thus been anxiously waiting to hear about his estate plan and the arrangements he made for his loved ones.

We initially wrote a piece on Kobe on our blog back in February, but recently, many additional details are coming to light highlighting another important lesson: estate planning is NOT a static set of documents that you execute once and forget about, but rather it's an evolving PLAN that is put in place with a trusted advisor and reviewed often as your family dynamic and the laws change.  

It is reported that Kobe Bryant established a trust to provide for his 37-year-old widow, Vanessa and their children. According to Forbes, Bryant died with a net worth of about $600m; he was the second-highest-paid NBA player of all time with career earnings, endorsements and investments.

Kobe Bryant created the trust in April 2003, shortly after the birth of his oldest daughter Natalia, now 17. The Trust was amended several times over the years including every time the couple had a new baby. He amended it following the birth of his daughter Gianna, and again in 2017 after the birth of his third daughter Bianka, 3. It thus currently includes their eldest daughter Natalia, the late Gianna who was killed along with her father, as well as a further revision affected in 2017 soon after Bianka’s birth. This was the last revision of the document.

Unfortunately, 41 -year-old Kobe Bryant never got round to updating his estate plan to include his youngest daughter Capri following her birth in June 2019. Therefore, Capri is not included in the trust and it is silent with respect to Capri and her future descendants. The issue with not amending the trust is that “the Bryant Trust will be divided into two shares, and not three” after Vanessa’s demise.

Of course, it is most unlikely that Bryant deliberately disinherited his last daughter but this unfortunate oversight has caused his loved ones some stress. In the midst of her grief, Kobe Bryant’s widow has reportedly requested for a judge to make an amendment to the trust to include their youngest daughter, Capri, in the trust distribution claiming that it was always Kobe’s intention to provide financial support for ALL of his children upon his death.

Even though making changes to a trust posthumously (after death) can be a challenge, indeed this is one of the advantages of setting up a trust, it is expected that the judge will approve this request. In complicated circumstances, such an amendment could create an argument that the child was intentionally left out of the will or trust.

Kobe Bryant named Vanessa and his agent as co-trustees to manage the trust fund and make discretionary payments to the beneficiaries of the trust. This is commonly done as it is important to protect minors [from themselves] by making sure they don’t inherit large sums of money too early where it could encourage irresponsible behavior and turn into more of a burden than a blessing.

There are so many powerful lessons for us all in this tragic situation and the importance of estate planning cannot be over emphasized; it is more important than ever to put things in place to protect your loved ones should anything untoward happen to you.  

But it is not enough to put an estate plan in place; just as important is the need to ensure that the plan is updated to reflect evolving circumstances throughout one’s lifetime. A marriage, a divorce, new beneficiaries or a significant change in one’s wealth are important life events to warrant an update of an estate plan.

Without the periodic review of your estate plan, you run the risk of disinheriting those whom you love and to whom you intended to bequeath your assets or have a plan that is so out of date that it doesn’t make sense anymore.

If one of your to-dos is to review your estate plan, just do it. Stop procrastinating. Here are some pertinent reasons why:

Probate avoidance is one important reason to have a plan in place. With no estate plan, your family and loved ones may need to go through the stressful, lengthy, public, and expensive probate process.

Make sure your assets go to whom you want. Without an estate plan, it is the court that decides who will receive your assets. Furthermore, if you want some assets to pass to a non-family member, that may not happen unless it is specified.

Have you nominated a guardian for your minor children? Don’t leave it to someone else to decide who should look after your minor children should something happen to you. A decision, particularly one that you can change, is better than no decision at all.

Reduce the risk of a family feud. Making no decisions regarding what you want to happen to your assets, can lead to long-term family disharmony and friction. Deal with potential issues now, and leave fond memories and a lasting legacy and not a devastating family fight in your wake.

Deal with incapacity issues even though they probably won’t ever be needed. Putting a Power of Attorney and health care proxy in place along with other estate planning documents will help your loved ones carry out your wishes in case you ever become incapacitated.

Minimize the impact of taxes on your estate. It is so important to plan ahead as the impact of estate taxes can be devastating to family members who are often forced to sell properties, even the family home, to pay the bills.

Use this time to review your entire financial plan; from your banking, budgeting, savings, investments, insurance, retirement plan, philanthropy to estate plan. Make a review of your estate plan one of your top financial goals.

Vanessa Bryant’s unfortunate situation highlights the importance of making sure your trust documents are up to date. Trust documents should either contain provisions that provide for after-born children, or be updated immediately after the birth of any children or any other significant life event. At Trust Counsel, we provide our clients with trust reviews to determine if any changes need to be made. Contact us today to schedule your Family Wealth Planning Session.