Frank Fritz, former co-host of the reality show American Pickers, passed away in September 2024 at age 60 after years of declining health, including a debilitating stroke in 2022 that left him unable to care for himself. Following the stroke, a close friend was appointed as his legal guardian after the court found that Fritz lacked the mental capacity to manage his affairs.

The Will and Legal Challenge

 

In October 2023, eight months after the stroke and while still in rehabilitation, Fritz signed a Last Will and Testament, which was later filed in court by a friend.

 

Now, Fritz’s father, Bill Fritz, is contesting the Will, alleging that his son lacked the mental capacity to legally sign it. The contents of the Will have been sealed by the court, but if the document is invalidated, Bill—Frank’s closest biological relative—would inherit the full estate, which is estimated to be worth around $6 million. The estate includes his home, a motorcycle collection, and valuable antiques.

 

Friends Defend the Will

 

Fritz’s friends, who were closely involved in his care and were with him during his final days, are defending the Will, asserting that it reflects his true intentions. They also question Bill’s motives, pointing out his minimal involvement in Frank’s life and citing the fact that guardianship paperwork previously stated that Frank had “no living relatives he maintains contact with.” Bill, in turn, claims he was prevented from seeing his son and has accused the friends of acting out of financial self-interest.

 

Takeaways

 

First, had Frank Fritz set up a Living Trust early on, rather than only a Will, a court conservatorship could have been avoided, and it would have been more difficult to later contest his estate.

 

The second takeaway relates to Fritz’s mental capacity at the time of executing his Will. While someone who is generally incapacitated may experience brief moments of mental clarity during which they can legally create or sign a Will, proving this in Frank’s case may still present challenges for those defending the Will's validity, unless the drafting attorney kept detailed notes attesting to Frank’s capacity or had doctor letters, either or both of which we typically do.

 

The key takeaway is to create and regularly update your estate planning documents while your mental capacity is unquestioned. Doing so helps ensure your wishes are honored and protects your loved ones from lengthy and painful legal disputes.

 

Credit to Karplaw.com. 

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