When Wishes Change and Documents Stay the Same: The Ted Williams Story
We prepare wills, trusts, and other estate planning documents for many reasons. We prepare them to put things in order. We prepare them to save taxes and probate costs. However, most importantly, we prepare them to make sure that our goals are achieved and our wishes are carried out.
Ted Williams, who died July 5, 2002 at age 83, was a longtime star player for the Boston Red Sox and a baseball legend. He was the last major league player to have a season batting average over .400. He was admitted to the Baseball Hall of Fame in Cooperstown, NY. The city of Boston even named a tunnel in his honor. Ted Williams once said “A man has to have goals — for a day, for a lifetime — and that was mine, to have people say, ‘There goes Ted Williams, the greatest hitter who ever lived.’ ’’ Many people think that he achieved that goal. Shortly after Ted’s death, a columnist in the Boston Globe wrote “Quantitatively on a par with The Babe, and qualitatively on a par with no one, Ted Williams should have gone to his grave happily secure in the knowledge that knowledgeable people had granted him his great wish [saying that he was the greatest hitter who ever lived].”
After his legendary baseball career, he retired to live his golden years in Florida. On December 20, 1996, he executed a will in which he expressed another great wish, his desire that after his death he be cremated and that his ashes should be “sprinkled at sea off the coast of Florida where the water is very deep.” In November 1999 Ted was ill with congestive heart failure and had surgery to insert a pacemaker. Two of his children, John Henry Williams and Claudia Williams were with him as surgery approached. They claim that during that time he signed a note stating: “JHW, Claudia, and Dad all agree to be put in Bio-stasis after we die. This is what we want, to be able to be together in the future, even if it is only a chance.” The note has John Henry, Claudia, and Ted’s signatures. Shortly after Ted’s death in July 2002, John Henry had Ted’s body flown to Alcor Life Extension Foundation in Scottsdale, Arizona. John Henry and his sister, Claudia Williams, wanted their father’s body preserved through cryonics, as provided in the note. Though unproven, through cryonics a body is frozen in the hope of being brought to life many years later when scientific breakthroughs allow.
Ted’s 1996 will was introduced to probate and a family dispute soon erupted. Ted had another child, Bobby-Jo Williams Ferrel, John Henry and Claudia’s half-sister. Bobby-Jo wants her father’s wishes, as expressed in his will, to be carried out. She wants her father’s body to be cremated and the ashes spread off the coast of Florida. Bobby-Jo alleges that the note may be a forgery. Some handwriting experts agree and have noticed unusual similarity between Ted’s purported signature on the note and the signature of John Henry. Bobby-Jo also alleges that her father was not well and suffered from congestive heart failure when he purportedly signed the note. Bobby-Jo alleges that John Henry only wants her father’s body frozen so that he can preserve Ted’s DNA for later sale.
The final chapter in this story has yet to be written. It may take years for the dispute to be settled. Regardless of the outcome, it is a reminder that any change in your wishes should be reflected in changes to your estate planning documents. Ambiguity and contradictory expressions can give rise to ill will and protracted disputes. Those closest are the ones hurt the most. Bobby-Jo, John Henry, and Claudia may each believe they are doing what their father wanted. Yet, following differing views of their father’s wishes pits them against each other at a time when they are mourning their father’s passing and need each other most.
While Ted Williams may have achieved his goal to be baseball’s greatest hitter ever, his wishes for cremation or cryonics may not be carried out and his family is locked in a bitter dispute. Do not let this happen to you and your family. When you want to make changes, consult a qualified estate planning attorney so that your new wishes can be documented properly.
Legal Disclaimer
This information has been provided for informational purposes only. It does
not constitute legal advice. The receipt of this information does not establish
an attorney-client privilege. Proper legal advice can only be given upon consideration
of all the relevant facts and laws. Therefore you should not act upon any
of the information contained herein without seeking appropriate legal counsel.
Attorneys Judith Sterling and Michelle Tucker are both CPAs and licensed attorneys. They are the first two attorneys in Hawaii to be certified by the American Bar Association (ABA) accredited Estate Law Specialist Board, Inc., as Estate Planning Law Specialists, and are so certified by the Supreme Court of Hawaii. The Supreme Court of Hawaii grants Hawaii certification only to lawyers in good standing who have successfully completed a specialty program accredited by the ABA.
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