29 Jan Kellie Pickler in a Pickle

Kellie Pickler in a Pickle
In-laws to Kellie: “These Are Not the Best Days of Your Life”

Country star singer and former American Idol contestant, Kellie Pickler, has sued her late husband’s parents in a dispute over who owns certain personal property items after they took items from her home. They have counter-claimed that she is in possession of certain items (guns, swords including a Samurai sword, Rolex and Garmin watches, a baseball card collection, school awards, work laptop, musical equipment and instruments including a McPherson KOA guitar, a vintage 1957 J45 Gibson guitar and a Steinway Grand Model M piano) of Kyle Jacobs (Kellie’s husband) who took his life in February 2023.

Kellie, who was an American Idol and whose biggest hit song “These are the Best Days of Your Life” that she sang with Taylor Swift, alleges the Jacobs’ parents, Reed and Sharon, entered her home and obtained items of personal property after Kyle’s death without her permission. She also claims Sharon and Reed have not provided her with a complete list of items of what they took from her home.

Although Sharon and Reed admit they took certain items, they have responded that they did so at Kellie’s express invitation. They say that they don’t need to list the items since they only took items left in the garage that Kellie set aside for them. Sharon and Reed are co-administrators of their late son’s estate when Kellie decided not to serve (which was Kellie’s mistake). An administrator is considered a fiduciary which is a legal obligation to act in the best interest of the estate. An administrator has a duty to collect the assets and distribute according to the estate plan.

In response, Reed and Sharon, as administrators of the estate, claim Kellie is in violation of their subpoena for refusing to turn over items that belong to the estate. They also claim that there was a prenuptial agreement which showed what each spouse owned. They also have failed to provide what they took to determine if any of the items are those owned by Kellie.

Kellie responded that she didn’t have some of the items requested or there is a dispute of ownership. Sharon and Reed opposed terms of a protective order that would prevent the transcript of videotape of Kellie’s deposition from being released to others.

The judge permitted the deposition and issued an order that prevents each side from showing or giving the transcript of Kellie’s deposition unless the court orders otherwise. The case is presently in mediation.

So how could this have been prevented? The obvious answer is to specifically bequest to whom each item goes in your will or trust. However, you need to mention what happens if you no longer own the item and whether the gift lapses or whether the beneficiary gets something of equivalent value. If the beneficiary predeceases you, who would receive the item?

Some states permit incorporation by reference a list of items or a memorandum that is attached to the will. Although Texas permits incorporation by reference to a contract, it does not permit the same for a will.

Many prefer to have a memorandum or list since they would prefer to not pay an attorney every time they change their mind or acquire something else. This makes logical sense in most situations – assuming there is no expected contest.

There are several problems when doing a list of who gets a personal property item. In addition to who gets the item if the beneficiary predeceases you or what happens if you no longer own the item, what happens if there are multiple lists? What happens if the list is lost or destroyed? What happens if you change your mind? If there are multiple lists and you only want the last one to be honored, you should date the list and state that you no longer want any other list to be honored. You should also state what happens if an item is missing (gift lapses, choice of another item, getting cash equivalent, etc.). If you state an item of equal value, then you may have to determine how the valuation is made – i.e., appraiser (especially if it is a collectible item such as jewelry, guns, or a coin collection). Also if something needs to be shipped or there is storage or insurance expenses to the beneficiary – is the estate or the beneficiary responsible for payment? 

Often certain items such as jewelry or artwork are much more expensive than other personal property items. This often results in an emotional response that leads to resentment of someone who didn’t receive the valuable item or heirloom. Communication with beneficiaries should be considered to reduce such risks.If interested in learning more about this article or other estate planning, Medicaid and public benefits planning, probate, etc., attend one of our free upcoming Estate Planning Essentials workshops by clicking here or calling 214-720-0102. We make it simple to attend and it is without obligation.