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CNN Sunday Morning
Interview With Roger Kirschenbaum
Aired July 21, 2002 - 07:42 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
MILES O'BRIEN, CNN ANCHOR: Tomorrow in the high cathedral of major league baseball, Boston's Fenway Park, a memorial is being held for the man many consider the greatest hitter of all-time. I would say that's undisputed. But anyway, while that's going on, there is a dispute of major league proportions over what to do with Ted Williams body. His will, written in '96, says he wanted his ashes sprinkled off the Florida coast, but two of his children told the court he changed his mind, told them he wanted his body frozen. They offered no written proof, however. And the stepsister is disagreeing.
So if you put something in your will, is that the final word? Joining us with some insights in all this is Roger Kirschenbaum. He does estate planning and wills. He's an attorney here in Atlanta. Good to have you with us, Roger.
ROGER KIRSCHENBAUM, WILLS AND ESTATES ATTY.: Thank you, Miles.
O'BRIEN: All right, let's do the disclaimer first. Whatever we talk about here might vary from state to state or is it fairly much in the ballpark (UNINTELLIGIBLE)?
KIRSCHENBAUM: I think it should be in the ballpark in all 50 states. The law of wills is pretty well nationwide, although there may be variations state to state.
O'BRIEN: All right, something is clearly stated in your last will and testament. It is proven to be a valid will. Is that what should happen to your earthly remains?
KIRSCHENBAUM: I believe it should. Georgia law will says that you have -- are entitled to state your intent with regard to the disposition of your property and other matters. I think those other matters would include the disposition of your remains.
O'BRIEN: Are your remains considered your property, I guess, is -- has the courts ever looked into this issue?
KIRSCHENBAUM: I don't know that that's absolutely clear. And I think it's been changing as medical issues change. We're having DNA issues. Is your DNA property or is it something different? I don't know that that's absolutely clear.
O'BRIEN: How common is it to get into a dispute over the disposition of someone's remains? KIRSCHENBAUM: I think it's very rare. In 20 years of practicing law, I've never had it occur.
O'BRIEN: Usually, they're fighting over the money.
KIRSCHENBAUM: Usually...
O'BRIEN: Not the body, right?
KIRSCHENBAUM: Correct. Usually, the fight is over money and not the body.
O'BRIEN: OK, and of course, in this case, the allegation is that the body might lead to money. And hence, the fight.
KIRSCHENBAUM: That's true. I think that's certainly some of the issues of being raised or that the DNA has value, but still, the disposition of the remains is clear under the will that the '96 will says he wanted to be cremated.
O'BRIEN: All right, so if there's any word to the wise out here for all of us, what would it be?
KIRSCHENBAUM: I think it is to communicate with clarity what you want to happen. I think the will is a good starting place. I advise my clients not only to have it in the will, but to have some other statement made with their documents that will be easily found at the time of their death. And this can be done cremation societies, if that's your desire. I have instructions and methods to leave that to your family or speak to your clergy. And I think...
O'BRIEN: So write it down, and then talk about it a little bit, which of course, we don't like to do. But just generally speaking, when you've got in a court of law somebody's words written in 1996, signed, witnessed, attested, versus here's what dad told me last year, which trumps which?
KIRSCHENBAUM: I think the will and any written declaration should be the overriding factor that a court should consider. There are methods to change your will. If Mr. Williams had expressed that, and done a codicil to his will, saying that his wishes had changed, he could have done that.
O'BRIEN: All right. Fairly straightforward. Roger Kirschenbaum, wills and estate attorney here in Atlanta. Thanks for joining us. We appreciate it.
KIRSCHENBAUM: Thank you.
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