August 21, 2002
Trusts and Estates partner David J. McCabe was recently interviewed by MSNBC’s Dan Abrams on the Abrams Report as an expert commentator on a current case whereby a Florida court is being asked to decide the fate of deceased baseball legend Ted Williams, whose body is at the center of a family feud.
Trusts and Estates partner David J. McCabe was recently interviewed by MSNBC’s Dan Abrams on the Abrams Report as an expert commentator on a current case whereby a Florida court is being asked to decide the fate of deceased baseball legend Ted Williams, whose body is at the center of a family feud. The former Boston Red Sox star specified in his will that he wished to be cremated and for his ashes to be scattered in the waters off the Florida Keys. Williams’ executor claims that Williams subsequently changed his mind and expressed his desire to have his body frozen and preserved in a cryonics laboratory. Mr. McCabe was asked to explain to viewers why the law would potentially allow Williams’ will to be superceded when it so clearly delineates his instructions. Mr. McCabe explained that if parties can sufficiently demonstrate that the decedent changed his mind after signing a will, courts will defer to what they believe to be his true wishes, regardless of the express language in the will. Mr. McCabe highlighted that courts do not consider the human body as property and therefore will not treat it in the same manner as real estate, for example, which would be bequeathed according to the provisions of the latest will. He also pointed out that this area of law varies from state to state and in his opinion the Williams children who favor cryogenically freezing their father’s body will ultimately have a difficult time convincing a Florida court. David McCabe specializes in all aspects of estate planning and administration, with emphasis on the development of sophisticated plans for high-net-worth individuals and their families. He is co-author (with principal author Karon S. Walker) of New York Limited Liability Companies and Partnerships - A guide and Practice (West Publishing).
