16 Jun FATHER ATTEMPTS TOTAL PICK OF “AMERICAN PICKERS” STAR’S ESTATE BY WILL CHALLENGE
The last will and testament of Frank Fritz (who was a star on the popular television show “American Pickers” on the History Channel) has been challenged by his father, Bill Fritz, due to lack of capacity.
Frank was a co-host on the show (where he and Mike Wolfe searched for antiques through the U.S.) for 10 years until he had to leave the show right before Covid-19 due to back issues, stress and an alcohol addiction. Frank had a particular affinity for motorcycles which was a large part of his estate valued at around $6 million at the time of his death on September 30, 2024.
Guardianship:
Guardianship was obtained over Frank in 2022 after he had a stroke and was found on the floor of his Davenport, Iowa home. The guardianship petition of a close friend, Chris Davis, stated “Because of his stroke, Mr. Fritz’s decision-making capacity is so impaired that he is unable to care for his own safety, or to provide for necessities such as food, shelter, clothing or medical care”. The petition further stated Mr. Fritz is “unable to make, communicate or carry out important decisions concerning his own financial affairs”. The petition further stated that he has “no living relative he maintains contact with”.
Frank was not married and did not have children. His mother predeceased him. The relationship between he and his father, Bill, is in question. Frank’s friends say the relationship was strained, but Bill contends he had a great relationship with his son. However, Bill did not accept the role of guardian. Davis was named to take care of Frank and Midwest Bank was appointed as guardian over his assets after a doctor concluded Frank had insufficient mental capacity. The judge ruled Frank does not have the capacity to execute any legal documents on his own behalf.
Mental Capacity to Sign Will?
Eight months after Frank had a stroke and while still in rehabilitation and while still under guardianship, he signed a will in 2023. His friends state Frank had mental capacity at the time.
After Frank’s death in 2024, the will was admitted to probate (the court signed an order that the will was valid). Since a will is a matter of public record, Fritz’s father then contested the will. If the will is invalid, Bill would inherit the entire estate under laws of intestacy. The will has since been sealed by court order. The determinative factor if the will was valid is whether or not Frank had sufficient mental capacity at the time he signed the will.
6. Steps Frank Could Have Taken to Reduce Risk
#1. If Frank had sufficient mental capacity, guardianship over the assets could have been terminated.
#2. If Frank didn’t want his father to see the will which was a matter of public record, he could have done a trust.
#3. If there is a question as to mental capacity when signing a will or trust (or any legal document), then there should be consideration of having a medical professional who specializes in mental capacity execute an affidavit as to capacity almost simultaneously with the signing of the will or trust to determine if the person knew the bounty of his or her affection in addition knowledge of his or her assets.
#4. Potential beneficiaries should not be in the same room at the time of signing to reduce risk of undue influence.
#5. Bill’s attorney has also alleged the will was not properly witnessed. Reduce risk with the signing being made before a professional.
#6. Don’t assume you will always have mental capacity. As a result, documents should be signed before mental capacity is an issue.
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