Stephen
Laurel Boss, also known as “tWitch,” was an American DJ, hip-hop dancer,
choreographer, television producer, and actor whose personality lit up the
stage on So You Think You Can Dance
and who was a producer and frequent
guest host on The Ellen Degeneres Show.
Boss also co-hosted the TV show Disney’s
Fairy Tale Weddings alongside his wife and fellow dancer, Allison
Holkers.
Boss
and Holkers shared a seemingly extremely happy life together in Los Angeles,
California where they were raising their three children, ages 3, 7, and 14.
Sadly, on December 13, 2022, Boss died by suicide at the age of 40. Boss’ death
was a complete shock to fans and loved ones who reported the star seemed happy
in the weeks leading up to his death.
Boss
died without a Will or Trust in place, meaning his wife, Allison Holker, has
the task of petitioning the California court system to release Boss’ share of
their assets to her. While California has tools to simplify this process for
some couples, Holker will still need to wait months before she can formally
take possession of the property Boss owned with her, as well as property held
in his name alone, including his share of his production company, royalties,
and his personal investment account.
Unnecessary
Court Involvement In a Time of Grief
In
order to have access to her late husband’s assets, Holker had to make a public
filing in the Los Angeles County Probate Court by filing a California Spousal
Property Petition, which asks the court to transfer ownership of a deceased
spouse’s property to the surviving spouse. Holker must also prove she was legally
married to Boss at the time of his death.
While
California’s Spousal Property Petition helps speed up an otherwise lengthy
probate court process, the court’s involvement nonetheless delays Holker’s
ability to access her late husband’s assets - a hurdle no one wants to deal
with in the wake of a devastating loss. In addition, the court probate process
is entirely public, meaning that the specific assets Holker is trying to access
are made part of the public record and available for anyone to discover.
The process of proving your right to
manage your loved one’s assets can feel like an unfair burden when there are so
many other things to take care of during the death of a loved one.
This
isn’t just a problem for the wealthy. Even if you own a modest estate at your
death, your family will need to go through the probate court process to
transfer ownership of your assets if you don’t have an estate plan in place.
How to
Prevent This From Happening to Your Loved Ones
When
someone dies without an estate plan in place, the probate court’s involvement
can be a lengthy and public affair. At a minimum, you can expect the probate
process to last at least 6 months and oftentimes as long as 18 months or more,
depending on your state. Court involvement in Boss’ passing could have been
completely avoided if Boss and Holker had created a revocable living trust to
hold their family’s assets. If they had, Holker would have had immediate access
to all of the couple's assets upon Boss’ death, eliminating the need to petition
a court or wait for its approval before accessing the funds that rightly belong
to her.
A
Trust would have also kept the family’s finances private. With a Trust, only
the person in charge of managing the Trust assets (the Trustee) and the Trust’s
direct beneficiaries need to know how the assets in a Trust are used. There is
also no court-imposed timeline on the Trustee for taking care of your final
matters (with the exception of some tax elections), so your family can move at
the pace that’s right for them when the time comes to put your final affairs in
order.
The
privacy that a trust provides also helps to eliminate potential family conflict
because only the parties directly involved in the Trust will know what the
Trust says. If issues between family members arise over the contents of the
Trust, the Trust will lay out all of your wishes in detail, so that all family
members are on the same page and understand your wishes for the ones you’ve
left behind.
Guidance
for You and the Ones You Love
When
you create a revocable living Trust at our firm, we ensure your loved ones have
someone to turn to for guidance and support during times of uncertainty. No one
expects the sudden loss of a loved one, but when it happens, your world is
shaken. Even the simplest tasks can feel overwhelming, let alone the work
involved to wrap up a loved one’s affairs.
That’s
why we welcome you to meet with us to discuss your wishes for when you die or
if you become incapacitated. If you’re ready to start the estate planning
process, contact
us today for a complimentary 15-minute discovery call.
This
article is a service of Ganvir Law, Personal Family Lawyer®. We do not just
draft documents; we ensure you make informed and empowered decisions about life
and death, for yourself and the people you love. That's why we offer a Family
Wealth Planning Session™, during which you will get more financially organized
than you’ve ever been before and make all the best choices for the people you
love. You can begin by calling our office today to schedule a Family Wealth
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