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Nancy Grace
Whitney Houston`s Will Revealed
Aired March 08, 2012 - 20:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
NANCY GRACE, HOST: Breaking news tonight, live LA. Songbird superstar Whitney Houston dead, Beverly Hilton, allegedly submerged under water, her death now a full-blown investigation.
Bombshell tonight. In the last hours, Whitney Houston`s multi- million-dollar will revealed. Major bomb! Ex-husband R&B musician Bobby Brown is named in Houston`s will! That`s right, Houston`s will still names Bobby Brown as backup beneficiary to 19-year-old daughter Bobbi Kristina.
Tonight, as reports surface Houston buried in a half a million dollars of jewelry, security tight as off-duty cops guard that grave `round the clock, the cemetery closed indefinitely. And tonight, amidst controversy over photos of Whitney Houston in her casket and claims Houston`s family nets nearly a million bucks since the songbird`s death, based on a surge of album sales, is Houston`s jewelry set to be auctioned off like Michael Jackson`s, Liz Taylor`s, making tens of millions more?
Just in whose pocket will all that money land?
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: Whitney Houston`s will is now in front of a judge.
UNIDENTIFIED FEMALE: She left everything she had to her daughter, Bobbi Kristina.
WHITNEY HOUSTON, SINGER: You kind of stop living for yourself and you start living for your children.
UNIDENTIFIED FEMALE: A lot of concern also about Bobbi Kristina, her daughter.
HOUSTON: My daughter is my greatest inspiration.
UNIDENTIFIED MALE: Still unexplained death.
UNIDENTIFIED FEMALE: She struggled with drugs and alcohol.
UNIDENTIFIED MALE: What may have contributed to her untimely passing.
UNIDENTIFIED FEMALE: Do you think of yourself as an addict?
HOUSTON: I am addicted to a few things. Nobody makes me do anything I don`t want to do.
UNIDENTIFIED FEMALE: Bobbi Kristina will get a trust fund when she turns 21, but she`s not going to have full access.
UNIDENTIFIED FEMALE: Until her 30th birthday.
UNIDENTIFIED FEMALE: She has the support that she actually needs.
UNIDENTIFIED FEMALE: Whatever she needs.
UNIDENTIFIED FEMALE: Absolutely.How proud are you of your mother?
BOBBI KRISTINA, WHITNEY HOUSTON`S DAUGHTER: Words can`t explain how proud I am of her. I`ve been there with her, you know, through everything, but you know, I stand by her side. That`s, like, my best friend. You know, it`s like my sister.
(END VIDEO CLIP)
GRACE: Good evening. I`m Nancy Grace. I want to thank you for being with us. You just saw video from Arista, ABC and Harpo.
Bombshell tonight. In the last hours, superstar singer Whitney Houston`s multi-million-dollar will revealed. Major bomb! Ex-husband and R&B musician Bobby Brown is named in Houston`s will! That`s right, the will still names Bobby Brown as backup beneficiary to Houston`s 19-year-old daughter Bobbi Kristina.
Straight out to Ellie Jostad, David Caplan with Gossipdavid.com and Dorothy Cascerceri, "In Touch Weekly." This amidst controversy over a photo taken of Whitney Houston in her casket, claims she is buried in nearly a million dollars worth of jewelry, security tight at that New Jersey cemetery.
Ellie Jostad, tell me that I`m wrong, please. Ex-husband Bobby Brown`s name is still in Whitney Houston`s will, is it not?
ELLIE JOSTAD, NANCY GRACE PRODUCER: It is, Nancy, you`re right. Yes, Bobby`s...
GRACE: Explain.
JOSTAD: Bobby`s name is in the will. The way that this was set up, Whitney Houston actually drafted this a month before Bobbi Kristina, her daughter, was born. She was still married to Bobby Brown at the time, obviously. So she said that if she has a child, that child gets her money, unless the child dies first, or the child dies. Then the money is to be split up between her husband, who is Bobby Brown, her parents and her two brothers.
GRACE: OK. So in the event that Bobbi Kristina does not take (ph) under the will, Ellie, that means her parents, brother and sister, siblings, and Bobby Brown are supposed to amicably agree on how to split her money?
JOSTAD: Yes, that`s how Houston wrote this. She wanted them to divide up her estate as equally as possible, amicably if possible. And she said if they couldn`t do that, then she wanted her assets to be auctioned.
GRACE: Auctioned. OK, so we can just go ahead and it will be a given, David Caplan, entertainment reporter -- it`ll be a given that they can never agree on anything. Agree or disagree.
DAVID CAPLAN, ENTERTAINMENT REPORTER: Yes. Absolutely. This is obviously a very contentious family and will. And in fact, if they don`t agree, you know, they have to really go back to the drawing board or just decide how they want to sell all her assets.
GRACE: Now, let me get back to what the will says. Ellie Jostad, there is a gradation of Bobbi Kristina getting money. She is supposed to get a certain amount, then another certain amount at, I believe, age 21 or 25, then another amount at age 30. What is the gradation?
JOSTAD: Yes. The way it`s laid out here -- and Bobbi Kristina is just 19 years old, just turned 19 about five days ago as a matter of fact. When she turns 21, she gets a portion of that money. She gets 10 percent at age 21. Then when she turns 25, she gets a sixth of what remains. Then when she turns 30, that`s when she gets everything that`s left so far. So this money rolls out over the years to Bobbi Kristina.
GRACE: So what I`m hearing, Ellie, is that if Bobbi Kristina were to pass away before age 30 -- car wreck, any illness, any accident, anything - - Bobby Brown, the ex-husband, is in line to get money. That`s 11 years, is it not?
JOSTAD: Right, Nancy. And that`s what it looks like from this. And keep in mind, too, he would likely be Bobbi Kristina`s next of kin, as he is her father. So either way you slice it, even without that written in the will that way, he could inherit the money if Bobbi Kristina were to die.
GRACE: Also with me, Dorothy Cascerceri, "In Touch Weekly" senior editor. Dorothy, what can you tell me about Whitney Houston allegedly being buried in nearly a million dollars worth of jewelry?
DOROTHY CASCERCERI, "IN TOUCH WEEKLY": You`re exactly right, Nancy. There are reports that Whitney was buried, around $500,000 to a million dollars worth of jewelry. As a result, there have been armed guards by her -- by the cemetery because the family`s afraid that you might have some crazy fans out there, or maybe not even fans, just some crazy people that want to really try to capitalize off of this woman`s death.
GRACE: Now, what can you tell me, Ellie, as to why she is buried there, as opposed to -- you know these cemeteries that specialize...
JOSTAD: Right.
GRACE: ... in celebrity...
JOSTAD: Right.
GRACE: ... burials and interment, such as Forest Lawn near Hollywood. You`ve got Michael Jackson buried there, Marilyn Monroe is buried there, all sorts of famous stars.
Liz, who`s buried at Forest Lawn? Go ahead, Ell. Give me the thinking behind that.
(CROSSTALK)
GRACE: ... Bette Davis, Lucille Ball...
JOSTAD: Right.
GRACE: ... Liberace, Lou Rawls. I mean, Brittany Murphy (ph) is there. It goes on and on and on, even Al Jolson. It goes back that far -- Stan Laurel, Buster Keaton, Freddie Prinz. And they are used to celebrity burials and interments.
But they have security out the wazoo. It`s a major tourist attraction. And explain to me, Ellie, what`s happening at this New Jersey cemetery where Whitney`s remain are.
JOSTAD: Right. Well, this is Fairview Cemetery in Westfield, New Jersey. This is where Houston -- it`s near Newark, where Houston grew up. It`s also where her father, John Houston, who died in 2003 -- that`s where he`s buried.
And there is security there right now. The Westfield police, the local police in that town, are providing security. The cemetery itself is paying for off-duty police officers to work on that detail. The cemetery is actually closed to the public indefinitely.
There were tons of cars as soon as the word got out that Houston was to be buried there. This is before the funeral even happened, Nancy, there were cars, traffic for miles, people wanting to get a look at where Houston was buried.
So the cemetery decided to close it down. You can only go there if you can prove you have a relative buried there and you`re going to visit a particular grave. They don`t want any, you know, looky-lous coming to the cemetery right now.
GRACE: Everybody, we are taking your calls in the midst of the will controversy. Whitney Houston`s will has now been released and it reveals that ex-husband R&B musician Bobby Brown is named in the will as a backup beneficiary to Bobbi Kristina.
You know, to Bethany Marshall, psychoanalyst and author of "Dealbreakers," what is the thinking behind not changing your will?
BETHANY MARSHALL, PSYCHOANALYST: Well, Nancy, that is fascinating reporting. And what it tells me is that her history of substance abuse interfered with her maternal protective abilities, protecting herself, doing her due diligence, thinking about the aftermath of the divorce, being thoughtful about Bobby Brown, how he targeted her, how he contributed to her addiction, and what would happen if he got a toehold in the estate.
This is the story of the wreckage of one`s past when their life is wracked by addiction and the legal complications that can ensue with an estate.
GRACE: Unleash the lawyers, James Baumer, probate and estate attorney joining us out of LA, Kelly Saindon, former prosecutor, Chicago, Peter Odom, defense attorney, Atlanta, Randy Kessler, defense attorney, Atlanta.
OK, first of all, we all are familiar, lady and gentlemen, with the James Brown estate. They`re still fighting over that. That still is unsettled. So with all of this in flux, Kelly Saindon, what do you make of it?
KELLY SAINDON, FORMER PROSECUTOR: Well, right now, there shouldn`t be anything to fight about. But you know that when there`s this much money at stake and this much reputation, there likely will be someone coming out of the woodwork and filing a contesting, pleading and trying to get this looked at again, making sure it really is the last will and that her wishes are being followed, that there`s nothing subsequent to this that she did. So I expect that we`re going to be hearing about this for a while, Nancy.
GRACE: OK, what about it, Peter Odom?
PETER ODOM, DEFENSE ATTORNEY: It`s clear to me that this will was written by a lawyer. It seems as if it were written by a good lawyer. I don`t believe that there`s going to be a huge amount of litigation. Will Bobby Brown file to contest the will and get his share? Probably. But I think a good probate judge will probably make short shrift of that and will get this settled.
GRACE: OK, Kessler.
RANDY KESSLER, DEFENSE ATTORNEY: No way that Bobby Brown`s going to get a penny out of this. He got this provision while he was still married to her. The divorce basically invalidates that provision. He is no longer family. He`s not kin to her. He`s a legal stranger to her.
GRACE: Well, the issue is not necessarily him being not kin, Charles Baumer, but he is named. That would be as if she named me or you. We`re not kin, either. We`re not blood relatives. We`re not married to her. But the fact that she names him, he is still a backup beneficiary to Bobbi Kristina.
CHARLES BAUMER, PROBATE AND ESTATE ATTORNEY: But there may be provisions in the divorce settlement which specifically state that he`s not entitled to receive anything. The divorce settlement I think has been sealed, so we don`t have access to that. He might challenge it...
GRACE: OK, let`s go with what we know, Charles. Let`s go with what we know.
BAUMER: OK.
GRACE: We know that he is a backup beneficiary to Bobbi Kristina. Now, what does that mean to you? A divorce, with him being named specifically, not named as a husband, not named as a member of her family, but named specifically, he exists as a backup beneficiary to her daughter?
UNIDENTIFIED MALE: I`d like to jump in, if I can.
BAUMER: Absolutely. And if nothing else changes, he might be able -- entitled to something if something happened to Bobbi Kristina before she turns 30.
GRACE: Everybody, we are live and taking your calls. In a bombshell tonight, could ex-husband Bobby Brown inherit millions? Whitney Houston`s last will and testament has been revealed, Brown named specifically as a backup beneficiary to Houston`s millions.
(COMMERCIAL BREAK)
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: The fame and fortune of Whitney Houston.
UNIDENTIFIED FEMALE: Music`s most awarded female artist of all time.
HOUSTON: I love to sing, but it`s just not fun anymore. It`s about the money. It`s about get it fast.
UNIDENTIFIED MALE: Her hit movie "The Bodyguard" has made almost $411 million.
HOUSTON: Crack is cheap.
UNIDENTIFIED MALE: Drugs don`t care about your level of sophistication, they want your life.
UNIDENTIFIED FEMALE: Whatever length of time it takes, and I am quite sure it`s not going to be of any surprise to the family who it is. Now, that`s between them and God.
(END VIDEO CLIP)
GRACE: We are taking your calls. Also, amidst her will being revealed with ex-husband R&B musician Bobby Brown as a backup beneficiary to her daughter, Bobbi Kristina, a controversy has surfaced regarding a photo taken of Whitney Houston in her casket.
Joining me right now, special guest Elizabeth Isaacson, funeral director and embalmer. Elizabeth, what do you make the photo taken of her in her casket?
ELIZABETH ISAACSON, FUNERAL DIRECTOR AND EMBALMER (via telephone): Well, Nancy, it`s in very poor taste. And I believe that someone who was at her funeral really did a disservice to the family by taking this photo.
GRACE: Is it common, Elizabeth Isaacson, for people to have their cell phones or cameras removed from their persons when they go into a funeral?
ISAACSON: It certainly isn`t common, but it`s sort of an assumed social thing that you don`t go around taking pictures of a dead person in the casket. Very inappropriate and just usually not done. Close family, and you know, close friends sometimes will ask permission to take such photos, but only with everyone in the family in agreement to be able to do that. I don`t think anyone was in agreement.
GRACE: Now, Ellie Jostad, isn`t it true that the funeral home states they know who took the photo?
JOSTAD: Right, Nancy. They actually had a press conference, said that nobody employed with the funeral home was responsible for this picture getting out there. But they say they do know who did it.
(BEGIN VIDEO CLIP)
CAROLYN WHIGHAM, DIRECTOR, WHIGHAM FUNERAL HOME: You are looking at the only three people that saw Whitney Houston. My staff, my secretaries, my drivers, never, never was exposed to any area that she was in.
(END VIDEO CLIP)
(COMMERCIAL BREAK)
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: Whitney Houston`s will.
HOUSTON: Overwhelming in my spirit and my soul.
UNIDENTIFIED FEMALE: Who is set to inherit the late singer`s estate.
UNIDENTIFIED FEMALE: The beautiful daughter of Whitney Houston and Bobby Brown.
UNIDENTIFIED MALE: News that the estate will go to her...
UNIDENTIFIED FEMALE: Bobbi Kristina.
UNIDENTIFIED FEMALE: It reportedly says that Bobbi Kristina will get a trust fund when she turns 21.
UNIDENTIFIED FEMALE: She has the support that she actually needs.
UNIDENTIFIED FEMALE: Whatever she needs.
UNIDENTIFIED FEMALE: Absolutely.
(END VIDEO CLIP)
GRACE: We are taking your calls. Straight out to Rhonda in California. Hi, Rhonda. What`s your question?
UNIDENTIFIED FEMALE: Hi, Nancy. How are you? Good to talk to you.
GRACE: I`m good, dear.
UNIDENTIFIED FEMALE: Good.
GRACE: Likewise.
UNIDENTIFIED FEMALE: I really liked watching you on "Dancing With the Stars." I think you did an awesome job.
GRACE: Thank you. I still can`t believe we made it to the final five. OK, what`s your question, love?
UNIDENTIFIED FEMALE: OK. I wanted to know how come her daughter -- she didn`t have any kind of a will or anything? No living will, no...
GRACE: Yes.
UNIDENTIFIED FEMALE: I didn`t catch that.
GRACE: OK, now, a living will is something entirely different, Rhonda in California. And I`m going to address that for you. Yes, Whitney Houston died testate, which means she did die with a will. But her will was written when she was still married, apparently, to Bobby Brown.
It says that the daughter is the beneficiary, but Bobby Brown is a backup beneficiary to the daughter. And Cascerceri, Caplan and Jostad, jump in if I`m wrong, but the way I understand it is that around age 20, she gets X amount of money, a very tiny percent. Around 25, she gets one sixth of the money. Around age 30, she gets the bulk of the money. I`m talking about Bobbi Kristina.
But the backup beneficiary is still ex-husband Bobby Brown. He`s still named in the will. Is that correct, Ellie?
JOSTAD: That is correct, Nancy.
GRACE: Now, as to a living will, Charles Baumer, probate, estate attorney out of LA, in a nutshell, what`s a living will?
BAUMER: A living will is something to take care of your final needs. In other words, it`s what Jeb Bush talked about with the Schiavo case in Florida, that whether or not you want to be kept alive artificially or be allowed to die naturally.
It has nothing to really do with distribution of your estate, which is what the will we`re discussing now has to deal with.
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: Whitney Houston`s will is now in front of a judge.
UNIDENTIFIED FEMALE: The beautiful daughter of Whitney Houston and Bobby Brown.
UNIDENTIFIED FEMALE: Reporting (ph).
UNIDENTIFIED FEMALE: That 19-year-old Bobbi Kristina will get everything from her mom`s estate.
(END VIDEO CLIP)
(COMMERCIAL BREAK) * (BEGIN VIDEO CLIP)
UNIDENTIFIED REPORTER: Whitney Houston`s will is with a probate judge now. We`re finding out who is set to inherit the late singer`s estate.
UNIDENTIFIED FEMALE: Bobbi Kristina, the beautiful daughter of Whitney Houston and Bobby Brown.
UNIDENTIFIED FEMALE: And Whitney Houston`s daughter will get everything in her mom`s estate.
UNIDENTIFIED MALE: There`s been a lot of stuff that came in and out of Whitney`s life that is now very valuable.
UNIDENTIFIED FEMALE: Is there anyway money could end up in Bobby Brown`s hands or somebody else`s hands?
UNIDENTIFIED MALE: The prenup was over and done with. Everything now is governed by her will.
UNIDENTIFIED MALE: What was hers was hers, what was his was his, and it was that clear.
UNIDENTIFIED REPORTER: Now after her death, she`s making money from these records.
UNIDENTIFIED FEMALE: We are family. So she has support that she actually needs.
UNIDENTIFIED FEMALE: Whatever she needs.
UNIDENTIFIED MALE: Absolutely.
(END VIDEO CLIP)
NANCY GRACE, HLN HOST: We are taking your calls. Bombshell tonight. The last will and testament of superstar singer Whitney Houston revealed. And as a shock to many, ex-husband Bobby Brown is still named in her will. Possibly set to inherit millions. Named as a backup beneficiary to daughter, 19-year-old Bobbi Kristina.
We are taking your calls.
Out to Ken Seeley, founder of Intervention911.com. Ken, it`s just amazing to me that he is still in the will. What was Whitney Houston thinking?
KEN SEELEY, FOUNDER, INTERVENTION911.COM: Yes. Nancy, I agree, 100 percent. And as you -- as we know, this will was written before their daughter was even born. So, you know, at this point, you know, right now she wasn`t thinking. And we watched her in her reality show with him and how she wasn`t really thinking. So when she was in that state of mind, she really wasn`t in, you know, OK state of mind in her full blown addiction. So it`s heartbreaking to watch that.
GRACE: So are you saying, Ken Seeley, that that may have had -- that alleged addiction may have had something to do with her not thinking to revise the will?
SEELEY: Yes, how -- I mean, if that`s when it was written, before their daughter was born, and then that`s around the same time that their reality show was out, you know, you could see that she was in her full blown addiction. So you`re not in the right thinking when you are in full blown addiction. So that could have had a big part to it.
GRACE: This as controversy emerges regarding a photo taken of the song bird in her coffin.
To Elizabeth Isaacson, funeral director. Elizabeth, is it common for people to be buried in nearly a million dollars worth of jewelry?
ELIZABETH ISAACSON, FUNERAL DIRECTOR: Certainly not where I`m from, Nancy, but in the case of someone who is celebrity, I imagine that she was laid out with, you know, her jewelry on. Whether or not it actually was buried with her, I would have to seriously question.
GRACE: What about it, Ellie Jostad? What do we know?
ELLIE JOSTAD, NANCY GRACE CHIEF EDITORIAL PRODUCER: Well, Nancy, the "Enquirer" reports that she was buried with a $200,000 pair of earrings, as well as a jewel-encrusted brooch, and a cross that had diamond and rubies on it.
GRACE: To Dorothy Cascerceri, senior editor, "In Touch Weekly." What do you know, Dorothy?
DOROTHY CASCERCERI, SENIOR EDITOR, IN TOUCH WEEKLY: Nancy, we know that -- we don`t necessarily know if these jewels actually did end up with her. You know the director of the funeral home said that she knew what day that photo was taken which makes us think to ourselves that she must have had some inside information about the appearance of Whitney Houston the day before she was buried and the appearance of Whitney Houston the day after she was buried. So this is still a very large question mark.
GRACE: OK, David Caplan, what does that mean, knowledge about what she was wearing before and after burial, David Caplan?
DAVID CAPLAN, VH-1: Well, at the press conference last week, where the funeral director spoke, she said that the photo was likely taken on Friday, and that only three people were in the room to see the body. And actually, afterwards, the "National Enquirer" reported that a source close to the family actually wasn`t identified, but did say that she was not buried in those jewels and that was completely erroneous.
GRACE: OK, so that`s up in the air. Mike Garcia, former bodyguard, you are used to seeing stars being taken advantage of in every possible way. Are you surprised that someone actually snapping photos of Houston in her coffin at her funeral?
MIKE GARCIA, FORMER BODYGUARD: You know, Miss Grace, you know, the last time I was on your show, we talked about -- it was during the Michael Jackson trial, and we talked about how disgusting it is. And it`s not surprising, you know, you`re just talking about hundreds of thousands of dollars, and people`s grief, you know, it can happen within her camp, it can happen from someone she doesn`t know, to a family member, so it`s really a sad situation.
GRACE: And you know what, Mike Garcia, bodyguard to the stars, you`re absolutely correct.
To Detective Lt. Steve Rogers, joining us out of Nutley, are local police responsible for guarding her body and allegedly $500,000 worth of jewels there in the coffin? Is that the police response? Explain.
DET. LT. STEVE ROGERS, NUTLEY, NEW JERSEY, POLICE DEPARTMENT: It is not the responsibility of the local police and ultimately the taxpayers. It`s a private matter, the police, certainly if they`re off-duty, they could be hired by the family or a private security firm will do that. But not the local police.
GRACE: To Dr. Gwenn O`Keefe. Gwenn is a physician, founder and CEO of pediatricsnow.com.
Dr. Gwenn, Whitney Houston died almost a month ago, yet we still don`t have a COD, cause of death. Why, Doctor?
DR. GWENN O`KEEFE, M.D., PEDIATRICIAN, FOUNDER & CEO, PEDIATRICSNOW.COM: That`s right, Nancy, I think, you know, people see TV shows and we have the cause of death within five minutes. What people don`t realize is it takes weeks to conduct these tests. They`re usually done in phases on multiple machines. So not only do we have to wait for the machines to run their tests, but we have to wait for people to then take those test results and compare it to not just to the autopsy but Whitney`s actual medical history. So all of that takes time. Sometimes it can be done in two weeks, but more likely it`s four to six weeks.
GRACE: You know, Dr. Bethany Marshall, psychoanalyst and author, we understand that many, many people are reaching out to 19-year-old daughter Bobbi Kristina to try to help her including Oprah, who says she`s going to take Bobbi Kristina under her wing, teach her everything she knows about broadcasting. At this point, what is happening with Bobbi Kristina? And if she is going to be the main beneficiary to these millions, I mean, there`s reports the family`s already made 700 grand since Houston`s death based on a surge in album sales.
How likely would it be for somebody, maybe Bobby Brown, to weedle money out of Bobbi Kristina in this state that she`s in, Bethany?
BETHANY MARSHALL, PSYCHOANALYST, AUTHOR OF "DEALBREAKERS": Bobbi Kristina is in a very vulnerable state. When you think about it, the will is 20 years old. Whitney had been in the throes of her addiction for many years. That probably interfered with bonding with her daughter. And the fact that that interfered with bonding, means that her daughter could be vulnerable to addiction herself. So when her daughter comes into all that money, is she going to have difficulty in controlling her impulses like her mother did?
GRACE: Unleash the lawyers. Charles Baumer, Kelly Saindon, Peter Odom, Randy Kessler.
Peter Odom, regarding this photo snapped --
PETER ODOM, DEFENSE ATTORNEY: Yes.
GRACE: -- of Whitney Houston in her casket, is it actionable? Is it a crime or could it be a civil action? The problem with a civil action, I would think, is a lot of civil actions do not survive death, you know, like slander or libel.
ODOM: Right.
GRACE: Once the person dies the estate can`t really sue over that.
ODOM: Well --
GRACE: So putting Whitney in a bad light, it seems to be only an action that Whitney herself could take, not her estate.
ODOM: The cause action that I would think of in this case is something called intentional infliction of emotional distress where someone took this picture and then showed it to family members in an effort to make them upset. That might be a cause action. With certainly Whitney Houston has no cause action.
GRACE: You know what, you`re right. You`re right, Peter Odom, intentional infliction of emotional distress.
What about it, Kessler?
RANDY KESSLER, DEFENSE ATTORNEY: The only cause of action would be breach of contract. If the funeral home had a contract guaranteeing that nobody would be allowed to take a picture there may be an action. But other than that, they took a picture, that was not particularly disturbing except that she was dead, it was a grotesque misfigured kind of picture. So there`s no natural action because we saw a picture of somebody dead. But if they had a contract --
GRACE: OK. What about it, Kelly? I kind of disagree with Kessler. To print a photo like that after your mother`s death? I think it`s extremely distress for the child.
KELLY SAINDON, FAMILY LAW ATTORNEY: I agree. I actually was thinking intentional infliction of emotional distress as well as some sort of breach of privacy. And a potential action against the funeral home for not stopping this from happening depending what their security is, who is allowed in. Was that person supposed to be seeing the body as well as what did the contract provide for. So I think there`s some problems there. And I agree that Whitney`s estate wouldn`t have the ability to do that. But Bobbi Kristina absolutely does.
GRACE: What about it, Charles Baumer? Would that type of action survive Houston`s death or would we have to go with infliction of -- intentional infliction of emotional distress on the child?
CHARLES BAUMER, PROBATE AND ESTATE ATTORNEY: I think you`d have to go with the latter. It makes much more sense that the person who would have the emotional distress is Bobbi Kristina seeing the picture of her mother who has just passed away. It could have great harm to the child.
(COMMERCIAL BREAK)
(BEGIN VIDEO CLIP)
UNIDENTIFIED REPORTER: Houston`s music was the cornerstone of her empire.
UNIDENTIFIED FEMALE: I hope she`s taken care of, you know, emotionally and financially.
UNIDENTIFIED REPORTER: And it reportedly says that Bobbi Kristina will get a trust fund when she turns 21.
BOBBI KRISTINA, WHITNEY HOUSTON`S DAUGHTER: Words can`t explain how proud I am her, but really, I was -- I`ve been there with her, you know, through everything.
WHITNEY HOUSTON, SINGER: She loves me. She tells me, good mommy hugs.
UNIDENTIFIED REPORTER: Fame and fortune of Whitney Houston .
UNIDENTIFIED REPORTER: She`s not going to have full access to the inheritance until she is 30.
(END VIDEO CLIP)
GRACE: We are taking your calls. The details of Whitney Houston`s will now revealed. The big bombshell is ex-husband Bobby Brown still named in that will. Backup beneficiary to Bobbi Kristina. Her jewelry, many other items estimated at tens millions of dollars, set to be auctioned in the event they`re not divided appropriately.
With me right now, Lydia Fenet, senior VP at Christie`s Auction House, one of the most renown auction houses in the world.
Miss Fenet, thank you for being with us.
LYDIA FENET, SENIOR VP, CHRISTIE`S AUCTION HOUSE: Thank you so much for having me.
GRACE: Lydia Fenet, if Whitney Houston`s jewels were to be -- and possessions were to be auctioned ala Elizabeth Taylor`s and Michael Jackson`s, how does that actually work?
FENET: Well, typically the family comes to an auction house, hopefully you`ve been in a longstanding relationship with them, and asks about the process and how Christie`s in this instance would be interested in selling the property. And we give them an estimate on what we think it will come up with and help them develop a marketing plan.
GRACE: So they, the family, decides what will be auctioned and what will not?
FENET: Exactly. They give some things away that maybe are sentimental or things that they feel will reach a higher dollar value at auction.
GRACE: With me, Lydia Fenet from Christie`s Auction House.
Miss Fenet, what are some of the high profile auctions that Christie`s has handled?
FENET: Well, I think probably most recently the sale of Elizabeth Taylor`s estate. I think that`s probably one that captured the imagination unlike anything that we`d ever seen here. And I think it really shows what celebrity and the love of a celebrity can do if the celebrity has collected things that are incredibly priceless, not only in their heritage, but also things that they`ve won in movies or things that can be seen throughout their lives in pictures. People love anything that they`ve seen on a celebrity at any point in their lives.
GRACE: How much did the auction of Elizabeth Taylor`s jewelry net?
FENET: Well, we`re a privately held company so I can`t actually release those numbers. But we like to say that pretty much everything in the sale made about 10 times the high estimates, so about $160 million in total after (INAUDIBLE).
GRACE: You know what, yes, because I have Liz Taylor auction, $156 million, and I assume, you know, once Christie`s or the auction house has paid for their services, all that money goes to the family as ordinary income, is that right, Lydia?
FENET: It all goes back to the estate, and then the estate can decide how they choose to disseminate the financials afterwards.
GRACE: Because, Miss Fenet, it`s my understanding that the sale of Michael Jackson`s "Thriller" jacket alone made $1.8 million.
Miss Fenet, Whitney Houston has been dead just for weeks, actually. How long does it take to organize an auction on the scale of, for instance, an Elizabeth Taylor estate?
FENET: Well, we had had a relationship with Elizabeth Taylor for many years, so the specialists at Christie`s who had known her had a lot time to prepare. And so we knew what we would be taking and what we would be selling. And so I think something like that is a little different than the Whitney Houston auction, which will be, I think, put together rather quickly.
I mean for us, we like to have at least eight weeks, really, because our catalogs don`t even close until about five to six weeks before the auction.
GRACE: OK, what is that? What`s a catalog?
FENET: Meaning the -- meaning so that every piece is -- you know, if Whitney Houston was selling this dress, Christie`s would take the dress, make sure that the provenance was created, that we had all of the information about it so that our client, if they call, would understand how big it was or how tall she was, or, you know, what weight she was when she was wearing it, so that they could actually even -- if they didn`t try it on, could buy it for themselves.
And then we catalog it, meaning we put all that into a catalog, photograph it, and then print the catalog and send it to our clients worldwide to realize the largest global audience that we can to reach the highest prices for the client.
GRACE: With me, Linda Fenet, senior VP at Christie`s Auction House.
Ellie Jostad, Whitney Houston`s items would go to auction in the event of what based on her will?
JOSTAD: Right. The will says that if the family members, this is again if the child, Bobbi Kristina dies, and the family, which is Bobby Brown at the time this was written, and her parents, Whitney Houston`s parents, and her brothers, they would decide how to -- divide everything. And if they couldn`t it would go to auction.
GRACE: Everyone, we are taking your calls, but as we go to break, 2500 children, 2,500 killed every year, child abuse. Eighty percent under age 4. The National Coalition to End Child Abuse Deaths wants Congress to pass a bill creating a commission to study child welfare systems for a national strategy to reduce and stop child abuse. Please go on and sign that petition. Go to everychildmatters.org.
The family album is back. And we showcase your photos from the iReport. California friends, the Madriaga family. Parents Michael and Bianca, 2-year-old Gabriella. Christmas, the favorite time of the year.
Share your favorite photos with us through iReport Family Album. Go to hlnTV.com/Nancygrace and click on "Nancy`s Family Album."
(COMMERCIAL BREAK)
GRACE: Tonight, the sudden and tragic death of America`s beautiful song bird, Whitney Houston.
(BEGIN VIDEO CLIP)
UNIDENTIFIED REPORTER: Whitney Houston`s will found in front of a judge.
HOUSTON: It made me just think of the simplicity of life.
UNIDENTIFIED FEMALE: She left everything she had to her daughter, Bobbi Kristina.
HOUSTON: You kind of stop living for yourself and you start living for your children. It is me, this is good.
(END VIDEO CLIP)
GRACE: Let`s stop and remember Army Specialist Derek Holland, 20, Wind Gap, Pennsylvania, killed, Afghanistan. Bronze Star, Purple Heart, Combat Action badge. Loved computer, video games, music, books. Wanted to hike the entire Appellation Trail. Helped troubled teens. Leaves behind parents Kathy and David.
Derek Holland, American hero.
Thanks to our guests but especially to you for being with us. Tonight, our thoughts and prayers to Alabama friend, Doris Emmerson. Mom to our superstar, Dee.
Doris, please get well.
Two years ago today we lost a beautiful 15-year-old young man, Daniel Gale. He would be graduating this year and attending his senior prom. He wanted to fight for his country and join the Marines. Things went tragically wrong on an outing with his father. His mom Susan, brother Christopher, still remember him.
And happy 7th to a little crime fighter, Destiny, known as Mimi. Loves puppies, 2-year-old brothers, and her new glasses.
Happy birthday, Destiny.
And here are photos of Lucy and John David during our first visit to one of the greatest zoos in the world, San Diego Zoo. Here they are with Marbury and one donkey, Sophia. The twins pretending to be seals.
And a special thank you to Mr. George who gave us a special tour of the San Diego Zoo.
Thank you, Mr. George. What a day.
Everyone, we`ll see you tomorrow night, 8:00 sharp Eastern. And until then, good night, friend.
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