Out of Focus: What Do Brian Williams & Probate Lawsuits Have in Common?

Brian Williams, until recently, the much-respected anchor of the NBC Nightly  News, is now under fire and criticism for “mis-describing” an incident which did not take place.  Brian Williams claimed that he was in a helicopter which was hit by gunfire while covering the IRAQ war.  But that didn’t happen.  Brian Williams has more in common with heirs to a will contest or probate lawsuit than he realizes.

What do heirs and probate lawsuits have in common with Brian Williams?

• By describing, and repeating, his story about his brush with death, Brian Williams inserted himself into the story, the news.
• Who cares if his helicopter was hit or not?
• His role is to report the news and not be a part of it.
• Heirs to an estate lawsuit, likewise, sometimes, try to insert themselves into an estate plan of a family member or relative.
• Sometimes children and next of kin who got dis-inherited, or cut out of a will or probate, embellish their close relationship with a deceased aunt from Boca Raton or a rich father from Palm Beach.
• But is that what matters in a will contest?  Stories or substance?
• By having his story un-corroborated, Brian Williams’ tale of enemy fire and danger hurts his credibility.
• When people challenge a will or sue the executor of a will for an inheritance, the facts matter.
• Facts and allegations get checked and re-checked.
• Was mom really suffering from dementia? Her doctors reports will be evidence and her health care providers and neighbors will be witnesses.
• There is a risk and a danger in making a tale a tall one, or downright just telling people a story that is not true.
• In probate litigation circles, law firms which handle probate litigation have an ongoing duty with the court to tell the truth.  This includes not engaging in baseless and frivilous litigation and probate motions and hearings.
• Otherwise, that probate lawyer and the client can get whacked with attorneys fees and costs by a probate judge.
• Over the next week, we will see what Brian Williams’ professional fate is.
• Unlike probate lawsuit participants, I doubt that Brian Williams will get to appeal the decision.