Chadwick Boseman’s Estate: The Effect of Intestate Succession for the Beloved MARVEL Superhero

 

This guest post is from Sarahi Saucedo, Regent Law 3L and current Wills, Trusts & Estates student: 

Before sharing some legal technicalities, I offer my sincere condolences to those that lost a husband, son, and dear friend with Chadwick Boseman's passing. 

As most know by now, actor and beloved Marvel superhero Chadwick Boseman fought his ultimate battle behind the scenes against colon cancer for many years before passing away on August 28, 2020.

As a fan of his work as Jackie Robinson and Black Panther, I have an immense appreciation for his dedication to bring important roles to life. I think it's safe to say that his success and impact on the world is undeniable. At the time of his death, Boseman, like many Americans today, did not have a will or any trusts dictating his wishes for his estate's disposition with an estimated value of $938,500. The question then arises: what will happen to Boseman's estate? 

Well, Boseman died intestate – which is legalese for someone dying without a will. This means that the state of the decedent's domicile will appoint an administrator and dictate his estate's disposition in accordance with its laws. In the case of Boseman's estate, California's intestate statute will control how his estate is handled because he lived in Los Angeles. Although Boseman did not have a will, if he had other will substitutes, such as life insurance, such assets would not be subject to probate, but will pass directly to the beneficiary named on the policy. Boseman's widow, Taylor Simone Ledward, has recently started the probate process by filing a petition requesting the court to name her administrator of the estate with limited authority. Now that the probate process has begun: who will get what? 

In essence, California's intestate statute provides that the decedent's intestate estate will pass first to the spouse, then to issue (e.g., children and grandchildren), and then to parents. The amount of the widow's intestate share depends on two things: the characterization of the property (as probate or non-probate) and any surviving family (e.g., children, parents, siblings, and nieces/nephews). If Boseman's parents had not survived Boseman, Taylor Simone Ledward would be awarded the entire probate estate. However, both of Boseman's parents are still alive, and as such, Taylor Simone Ledward could get one-half of any property irrespective of the properties' characterization. 

Regardless, the surviving spouse gets first dibs when it comes to taking from the decedent's estate. After the spouse takes, the rest of the estate will pass according to the intestate statute to any other surviving family members. 

Although it is interesting to view the intestate succession process, the decedent loses control over their estates' distribution by not leaving a will. Even though we may never know Boseman's wishes, I sincerely hope that this intestate succession is what he wanted for his estate. 

 

If you don't want the state to make decisions for you, please take the time to create an estate plan and speak to a licensed professional. That helps your family toward harmony and restoration in amazing ways. Despite his serious illness, I doubt anyone expected Chadwick to die at 43. That said, I genuinely recommend that you contemplate your wishes for disposition, regardless of your age. Thinking about your death can be scary, but it will be better to have a plan in place should anything unexpected occur.