Wednesday, January 27, 2010

Pauly Shore Sues Brother for Undue Influence

One of Hollywood's most famous entertainment spots has sparked what may be a very bitter and ugly family fight in court.

Comedian Pauly Shore filed a lawsuit claiming that his brother, Peter Shore, has been using unscrupulous behavior and committing undue influence over their 79-year old mother, Mitzi Shore. Mitzi suffers from Parkinson's disease and other neurological problems. Reportedly, she's been in the care of Peter (Pauly's older brother), but Pauly has grown increasingly concerned for her well-being, according to his lawsuit filed earlier this month in the Los Angeles Superior Court.

Pauly asked Peter to turn over about three years worth of tax returns and financial records, to which Peter responded by hiring an attorney and firing Pauly from the Board of Directors. Pauly then brought the undue influence lawsuit, claiming that Peter accomplished this by taking advantage of their infirm mother. Pauly points to a letter sent to Peter from last summer, written by Mitzi's attorneys, that raised concerns about how Mitzi was being treated and her financial security.

It's interesting that Pauly took this legal path rather than filing for conservatorship (or guardianship as it is called in many states). The heirs of Brooke Astor, Peter Falk, and many others used this route when they became concerned of undue influence over their famous relatives. Protective proceedings such as guardianships and conservatorships are supposed to help elderly and vulnerable adults who are at risk of exploitation, undue influence, neglect, or otherwise need help making decisions.

Proving undue influence is never easy. Pauly's attorneys will have to show that Peter abused his position of trust and confidence with his mother and took advantage of her.

It's too bad when family squabbles over money turn into lawsuits like this one; they happen far too frequently to rich and modest families alike. But at least stories like this one can teach other families how not to end up the same way.

Full Article and Source:
Pauly Shore Sues Brother for Undue Influence


Anonymous said...

I sure hope this public family squabble doesn't send the vultures out, trying to get a guardianship in place. Shame on those who do not "honor their mother and father."

StandUp said...

I hate to see this kind of thing. Like Anon says, a squabble leads to guardianship almost every time. I hope it doesn't in this case.

Norma said...

Hopefully Pauly Shore will find and read NASGA's website and be forewarned!

LoriView said...

"Supposed to help" is right.
Most of the "help" NASGA hears about is fiduciaries helping themselves to the estate assets.