And the Oscar Goes To.....The Descendants (2011)

And the Oscar Goes To......The Descendants

By Melinda Gustafson Gervasi

March 10, 2023

Nominated for five Oscars during the 84th Academy Awards, The Descendants won for best-adapted screenplay, thrusting a movie about estate planning into the mainstream.  Based on the 2007 novel by Kaui Hart Hemmings the story follows Hawaiian attorney Matthew King and his daughters' journey following the traumatic brain-injury suffered by his wife in a boating accident.  While the majority of the movie explores the emotions and workings of end-of-life decisions, removing medical support, and processing grief, there is a sub-plot; one involving a land trust.

King, and a host of his cousins, are descendants of Hawaiian Roylaty.  He is the sole trustee of a land trust holding hunderds of untouched land on Kauai.  Under the Rule Against Purpetuities, the trust must end in 7 years.  Rather than have the trust end and the land distributed in shares to an assortment of descendants, the family plans to sell the land while it is in the trust, setting up a distribution of hundreds of millions of dollars in cash rather than land.  Matthew is the sole trustee and the ultimate decision of which developer to sell to is his and his alone.  Without giving away the end, I will say that Matthew's ultimate decision is not well-received by this cousins.  One cousin, Hugh, played by Beau Bridges, lashes out saying something to the extent of "you may be a lawyer and our cousin, but don't think we won't come after you!"

This line hit me with a lot of emotion; while I am an estate planning and probate attorney, I am also a mother. Taking care of our families is often a primary motivation for creating an estate plan in the first place.  As such, it is important to think about whether nominating a family member in an administrative role is wise.

In the story, Matthew explains that he has always lived off of his lawyer salary, while other cousins made risky decisions and are desparate for money.  It is not uncommon for heirs to have inflated expectations about an inheritance.  When those expectations are not met with the reality of the situation, the heirs may lash out at the one person in control.  In this case it is their cousin Matthew. Many people's default answer to who should be a trustee is a trusted family member.  However, naming a financial instution may have many benefits.  One of which would be preservation of family harmony.  Going after the "banker" is far different than alienting your cousin.

Thank you for reading.  Remember that a blog is not legal advice, but rather a way to spark discussion and reflection.  It is best for you to seek counsel from an attorney in your state of residence for help with your estate planning needs.