Taxation & Estate Planning

Latest twist in bizarre litigation over Wilson (Chuck) Lucom's $50 million estate

By Juan C. Antúnez

When eccentric millionaire Wilson (Chuck) Lucom died in 2006 at 88, he left as much as $50 million in his will for poor children's charities in Panama. It's reportedly the largest private gift ever made in that country. Unfortunately, Panama's poor may never see a dime of Lucom's estate, which has been locked in litigation in both Panama and Florida since his death. Here's how this November 2007 piece in Time summed up the case:

Lucom's widow Hilda, 83, the frail matriarch of Panama's prominent Arias family (a clan that has produced two of Panama's Presidents), with the support of her children is battling to get the will declared invalid. They say the will's U.S. executor, Florida tax attorney Richard Lehman, concocted the charity donation so he could split the money with other Lucom cronies. Hilda's Panamanian lawyer, Hector Infante, known for political connections and tough tactics, has pressed criminal charges against Lehman--even accusing him of having euthanized Lucom. (That charge was dismissed.) Lehman has sued Hilda and Infante for defamation, but he no longer travels to Panama, fearing he would be arrested. Still, he says, "I wouldn't be able to look at myself in the mirror if I gave up this case." It is now in Panama's Supreme Court, and a ruling could take months, if not years.

Lehman hasn't been shy about going on the offensive: he's got his own website [click here], and does television interviews and gives press conferences touting his efforts on behalf of Panama's poor [click here]. Which makes the latest twist in this case all the more shocking.

On March 5, 2009 a Florida probate judge entered this order pulling no punches in its scathing indictment of Lehman's actions since being appointed Florida ancillary personal representative (APR) of this estate on July 19, 2006. Referred to as an 'intermeddling volunteer,' Lehman is being ordered to pay the estate damages in excess of $1.5 million as well as the attorneys fees incurred by Lucom's widow and other beneficiaries in their fight against him here in Florida. Here's an excerpt from the linked-to order:

On July 19,2006, Lehman was not qualified to act as APR of the Florida ancillary estate under the requirements of Fla.Stat. 734.102. On July 19, 2006, he was not the foreign personal representative of the Panama domiciliary estate of Decedent. Lehman testified he had no knowledge of Hilda P. Lucom's Panama appeal being filed, or its effect upon his authority in the domiciliary estate, at the time he petitioned for appointment as APR in Florida. That testimony is not credible. However, Lehman 's good faith, or lack thereof, is irrelevant: as of the date he requested and received Letters of Administration to act as APR, he was not entitled to have those Letters issued. His appointment as APR in Florida is void ab initio. Thus, all actions taken by Lehman in the Florida ancillary estate were those of an intermeddling volunteer. His actions were not protected by Florida law, or excused by the Exculpatory Clause in Decedent's will. Lehman is liable to the Estate for all monies received by him improperly and for all damages to the Estate caused by Mr. Lehman under Fla. Stat. 733.309.

Ouch!!

Full post as published by Florida Probate Litigation Blog on March 12, 2009 (boomark / email).