Showing posts with label Bradford Lund. Show all posts
Showing posts with label Bradford Lund. Show all posts

Monday, January 31, 2022

A family feud over a $400 million trust fund, a massive fortune that left one heiress with an inferiority complex, and a sprawling media empire: Meet the Disney family

by Hillary Hoffower 
 
Walt Disney with one of his grandchildren.
Gene Lester/Getty Images

The Walt Disney Company has come a long way since it was founded by brothers Walt and Roy O. Disney nearly a century ago. What began as a cartoon studio is now a media powerhouse, complete with amusement parks and properties.

But for all its success, the family behind "The Happiest Place on Earth" has largely stayed out of the limelight and the business. While it's not known just how much the family is worth, GOBankingRates estimated the company's net worth to be $130 billion. Roy O.'s grandson, Roy P., previously said the family owns less than 3% of the company, but assuming it is about that amount would put their fortune around $3.9 billion (not counting any investments in addition to Disney holdings).

But it's likely the company's net worth — and thus the family's net worth — will continue to grow as Disney positions itself as a major player in streaming television. The company announced in a 2020 December Investor Day that it's rolling out dozens of movies and streaming TV shows from its studio and its Marvel, Star Wars, and Pixar subsidiaries and expects to triple subscribers for its Disney Plus streaming service by 2024. The announcement sent Disney's market value up by $32 billion as shares jumped as much as 12%.

From a family-trust-fund feud to generous philanthropic endeavors, here's a look at the three generations of the Disney family. The family did not respond to a request for comment from Business Insider.

Disney cofounder Walt Disney wanted to be a cartoonist since high school, taking extracurricular art classes at the Chicago Academy of Fine Arts.

walt disney

General Photographic Agency/Getty Images

He later worked at a film ad company in Missouri, where he learned animation and went on to form his first animation studio, Laugh-O-Grams, according to the Walt Disney website. But a bad business deal led to the downfall of the studio: A small theatrical company called Pictorial Clubs reportedly offered Laugh-O-Gram $11,000 for six small films, but it only gave Disney a $100 down payment before Pictoral went bankrupt.

Walt then left for Hollywood. In 1923, he cofounded the Disney Brothers Cartoon Studio, which became Walt Disney Studio, with his older brother, Roy O. Disney. The two had a close relationship: Walt controlled the creative aspects of the company, while Roy ran the business side.

Five years later, "Steamboat Willy" was the first media production to debut Mickey Mouse. In 1937, Disney's first feature-length film, "Snow White and the Seven Dwarfs," debuted and became a box office hit, taking the company from being in debt to being worth millions of dollars.

By the late 1950s, Walt had created a family entertainment world complete with movies, TV shows, and an amusement park.

disney world magic kingdom

Getty Images

In 1953, Walt self-funded a private company, WED Enterprises — now known as Walt Disney Imagineering and opened Disneyland two years later. Roughly a decade later, in 1964, Walt and Roy kicked off the development of Walt Disney World in Florida.

That same year, Walt launched one of the most important projects of his career, according to the Walt Disney website: "Mary Poppins," which received 12 Academy Award nominations.

Today, Disney is one of the biggest media companies in the world, with an estimated net worth of nearly $130 billion. It was named the No. 1 best-regarded company in 2018 by Forbes.

Walt Disney statue, Walt Disney World

Associated Press

GOBankingRates' Sean Dennison evaluated the company's net worth to be $130 billion based on its revenue and profits from the past three years. In 2019 alone, Disney was on the upswing. It announced a new streaming service, Disney+, which caused Disney shares to hit a record high, Arjun Reddy of Business Insider reported.

In March 2019, Disney acquired Fox's entertainment business for $71 billion as part of its plan to compete with technology companies like Amazon and Netflix . It got a controlling stake in streaming service Hulu in the process. It was Disney's 23rd acquisition.

In 2020, Disney reoriented its operations toward its streaming services. At its Investor Day in December, the company announced plans for future movies and TV shows, and said it expects to triple subscribers for its Disney Plus streaming service by 2024. The announcement sent Disney's market value up by $32 billion as shares jumped as much as 12%.

Overall, Disney has four key business segments, according to Forbes: media networks, parks and resorts, studio entertainment, and consumer products and interactive media.

It's unknown how much the Disney family is worth today, but Walt has been described as a "family man" who tried to provide a normal life for his family.

disney family

Diane, Walt, Lillian, and Sharon.
PA Images/Getty Images

In 1925, Walt married Lillian Bounds, a studio inker. Eight years later, Lillian gave birth to Diane, and the couple later adopted their daughter Sharon as an infant. Walt drove the girls to school every day and barely brought his work home.

"We weren't raised with the idea that this is a great man who is doing things that no one else had ever done," Sharon had said. "He was Daddy. He was a man who went to work every morning and came home every night."

Walt reportedly adored his 10 grandchildren.

Walt died in 1966 of lung cancer, leaving a network of trusts and family foundations for his family.

Walt and Lillian had two main residences, both in California.

walt disney palm springs home

Walt Disney's Palm Springs home.
Google Maps

Their main residence was an estate in Los Angeles' Holmby Hills, worth $8.5 million before being sold in 1998. A subsequent owner made renovations that put its value at $90 million.

They also owned a 2,433-square-foot weekend retreat in Palm Springs, up for sale at nearly $900,000 in 2016.

Walt's older daughter, Diane, married Ronald Miller in 1954 and had seven children, who were reportedly relatively quiet with their side of the family fortune.

diane miller

Diane Miller.
David Butow/Getty Images

Diane raised her children — Chris, Joanna, Tamara, Jennifer, Walt, Ron Jr., and Patrick — the same way she was raised, trying to give them a typical life. Tamara previously told People that their mother took a "hands-on approach to raising children," forgoing a nanny and taking them to tutors and soccer practice.

"We ... lived a very simple, traditional family life," Chris previously said in an interview. "So when people would confront us with 'your grandpa is Walt Disney,' it seemed like an odd affront to us," even though, he added, "we knew grandpa was world-renowned."

"Our parents and grandparents did a beautiful job of protecting us," Jennifer said in the same interview. "We really had such a normal life. They all made sure of it."

Diane died in 2013 at age 79. She was Walt's last surviving child.

Walt's younger daughter, Sharon, adopted one child, Victoria, with her first husband, Robert Brown. She then had twins, Brad and Michelle, with her second husband, Bill Lund.

sharon disney lund

Walt Disney, Sharon Disney, and Robert Brown.
Bettmann/Getty Images

Like her sister, Sharon stayed out of the limelight and tried to protect her kids from Disney fame, reported Eriq Gardner of The Hollywood Reporter. Brad told Gardner he led a "very normal life." Sharon died from breast cancer in 1993 at age 56.

Michelle has never had a job and owns three homes, spending a lot of time in Newport Beach, California, according to Gardner.

Victoria was said to live quite lavishly, splurging on $5,000-a-night suites at the Royal Palms apartment homes in Las Vegas, Gardner wrote: "She once went on a Disney cruise ship and destroyed her suite in such spectacular fashion that Eisner, then-CEO of the company, had to call the trustees and make them pay for the damages. The family staged numerous interventions, to no avail."

Victoria's share of the family fortune was added to Brad's and Michelle's after she died in 2002 from health complications, Michael Lyons of National Post reported.

Sharon's twins later became embroiled in a multiple-year feud over their $400 million trust fund.

michelle lund

Michelle Lund, Walt Disney's granddaughter.
Jason LaVeris/Getty Images

The inheritance was supposed to be distributed in annual payments and lump sums at five-year intervals at ages 35, 40, and 45, reported Gardner. However, the trustees disbursed the payments to Michelle, but withheld Brad's.

Michelle and the trustees argued that Brad wasn't capable of managing his share because of a "chronic cognitive disability" and that Bill, their father, was taking advantage of this to gain money, according to NBC News.

Bill argued that the trustees were manipulating his daughter Michelle. According to Gardner, he was previously a trustee but resigned after an allegation that he used trust money to gain more than $3 million in kickbacks from a real-estate deal. He reportedly agreed to an annual settlement of $500,000.

While Michelle reportedly suffered from drug addiction and had a brain aneurysm that "left her with uncertain mental abilities," the trustees agreed with her about her brother, Gardner wrote. And the court ended up ruling in favor of the trustees, continuing to withhold Brad's payments while paying out Michelle's.

On the other side of the family, Roy O. and wife, Edna Francis, gave birth to Roy E. Disney in 1930, who later became a senior executive for The Walt Disney Company.

roy e disney

Roy E. Disney.
Jim Smeal/Getty Images

Roy E. had four children of his own: Susan, Roy P., Tim, and Abigail.

About the time Michael Eisner became CEO of Disney, in the 1980s, and revived the company, Disney stocks increased and the family's net worth skyrocketed to 50 times what it was when Roy E.'s children were growing up, Abigail told Sarah McVeigh of The Cut.

In 2003, Roy E. announced plans to sell 7.5 million Disney shares — about 43% of his stake in the company, reported Randall Smith and Bruce Orwall of The Wall Street Journal. He died in 2009 of stomach cancer.

Roy E.'s daughter Abigail started feeling uneasy about her family's wealth by the time she reached her 20s.

Abigail Disney

Jemal Countess/Getty Images

In 2019, Abigail told The Cut she was embarrassed by her family's wealth, adding that it bred deep self-doubt and an "inferiority complex around people who have actually earned their money."

"We went from being comfortable, upper-middle-class people to suddenly my dad had a private jet," she said, referring to the family's private 737. "That's when I feel that my dad really lost his way in life. And that's why I feel hyperconscious about what wealth does to people. I lived in one family as a child, and then I didn't even recognize the family as I got older."

She's taught her four children that "money is morally neutral," she said. "It does not, in and of itself, make you a bad person. It also does not, in and of itself, makes you a good person. You are who you are and the least important thing about you is what you have."

Abigail is a documentary filmmaker and founded Fork Films, which focuses on international social issues. She added that the fortune she inherited would have made her a billionaire if she wanted to be one, and that she would outlaw private jets if she could.

She was one of 18 ultra-wealthy Americans to sign a letter asking presidential candidates to support a wealth tax in June 2019. And in 2020, she was one of 80-plus millionaires to petition for higher taxes on the wealthy to help fund new government programs toward coronavirus aid.

And in a 25-tweet thread in April, Abigail slammed Disney's decision to furlough its 43,000 employees without first canceling plans to pay shareholder bonuses and executive bonuses, reported Business Insider's Taylor Nicole Rogers. Top executives have taken pay cuts to conserve the company's cash during the crisis, but their potential to still earn bonuses is "the REAL outrage," Disney tweeted.

Abigail's brother, Roy P., said in an interview that by 1960, Walt and Roy O. owned about 20% of the company. Today, the family owns less than 3% of the company.

tim abigal susan disney

Tim, Abigail, and Susan.
Jeff Kravitz/Getty Images

Roy P. is an investor, according to the interview.

His brother, Tim, is a screenwriter with a hefty real-estate portfolio. Tim reportedly bought Kristen Wiig's Los Angeles house for $5.2 million, according to Yolanda's Little Black Book. He also has a renovated Spanish estate in Los Feliz, which he bought for $6.4 million, and a weekend retreat in Joshua Tree. He previously sold a Hancock Park property for $4.45 million.

Their sister, Susan, also makes real estate moves: She previously owned a 4,883-square-foot beachfront house in Malibu, which she sold for $18 million after several price cuts, reported Mark David for Variety. She also runs the restaurant The Bel-Air, where grilled lamb chops go for $38.

While Walt and Roy O. kept their families in harmony, the two families were reportedly never close and drew even further apart after Roy O.'s death in 1971.

walt and roy disney

Walt and Roy O.
Bettmann/Getty Images

Diane's husband and Walt's son-in-law, Ron, became CEO of Disney in the early 1980s. In 1984, Roy E. replaced him with Eisner, according to People. The move reportedly deepened the family divide, but the two families later patched things up.

Roy E. was the only heir to get involved in the family business, which Walt tried to steer his children and grandchildren away from, according to Gardner.

While Diane didn't get involved in corporate matters, she reportedly worked the hardest to preserve Walt's legacy, creating the Walt Disney Family Museum.

Most of the Disney family has shied away from corporate affairs, instead displaying their wealth and power philanthropically, according to Gardner.

lillian and walt disney
Lillian and Walt Disney.
Gene Lester/Getty Images


Disney family members — and the company itself — have donated millions to charity.

Lillian donated $274 million for a new concert hall in Los Angeles, according to The New York Times. Sharon was a trustee for CalArts, and got involved with the Marianne Frostig Center of Educational Therapy and the Curtis School Foundation, according to The Los Angeles Times. Her family has reportedly contributed nearly $100 million toward building Disney Hall on Bunker Hill.

According to Gardner, the Lund family is committed to the Sharon Disney Lund Foundation, donating money to cancer research and visiting the scientists. The Foundation has also donated $1 million to a nonprofit arts organization for teens.

So far, Abigail has donated about $70 million and plans to keep "giving a lot of money away" until her death, she told The Cut. She and her husband, Pierre Hauser, cofounded the Daphne Foundation, which supports programs to end poverty in New York City.

There's also the Roy + Patricia Disney Family Foundation, which focuses on three areas: equality, sustainability, and vibrant communities.

And in 2018, The Disney Company announced a five-year global commitment of $100 million to children's hospitals. It previously donated $1 million to UNICEF and most recently pledged $5 million to support the rebuilding of the Notre-Dame Cathedral.

The Disney Conservation Fund has also given out hundreds of grants worth $75 million toward wildlife organizations like The International Fund for Animal Welfare and The African People & Wildlife Fund.

Full Article & Source:

Wednesday, January 12, 2022

Wyoming Supreme Court Upholds Dismissal In Disney Heir Lawsuit

By Jim Angell

A lawsuit filed by the grandson of Walt Disney over the disposition of land in Teton County should be decided in California, Wyoming’s Supreme Court has ruled.

The court on Wednesday turned down Brad Lund in his attempt to have a lawsuit over the sale of a plot of land known as Eagle South Fork Ranch near Wilson heard in Teton County.

Justices unanimously upheld a state district court’s ruling that justice would be better served if Lund’s challenge was heard in a California court rather than one in Wyoming.

“The district court did not abuse its discretion in concluding that the California court was an available and adequate alternate forum,” said the ruling written by Chief Justice Kate Fox.

The ruling is the latest in a long series of legal battles between Lund, his sister Michelle Lund and the trustees for both of the trusts maintained for the two.

Brad and Michelle Lund are the children of Sharon Disney-Lund, the daughter of Walt Disney.

Their father bought the 110-acre ranch and after their mother’s death, the ranch was placed in residuary trusts for the two children, with each trust owning 50% of the land.

According to the ruling, since 2009, Brad Lund and the trustees have been involved in a lawsuit in California probate court over numerous elements of the trust, including ways assets should be divided between the trusts of Brad and Michelle.

In 2019, trustees agreed to let Bradford buy his sister’s interest in the Eagle South Fork Ranch for $9.7 million rather than sell the land to an outside party.

In September 2020, the trustees announced they had received an offer of $35 million for the property, which they intended to accept. Michelle withdrew her consent to her brother’s purchase of the land.

Brad then filed a complaint against his sister and the trustees in state district court in Teton County, saying they breached the terms of an agreement for the purchase of the land.

The trustees and Michelle asked that the lawsuit be dismissed because all of the other legal actions surrounding the trusts were taking part in California.

The state district court granted the request and Brad challenged it to the Wyoming Supreme Court, saying the action involved a Wyoming property, so it made sense to hear the challenge in Wyoming.

But the Supreme Court which agreed it made more sense to pursue legal action in California because it was actually part of a larger probate case in that state.

“The California court has an extensive history with these parties and their trust disputes, and the district court reasonably concluded that the more efficient course was to have that court preside over this dispute as well,” the ruling said.

In addition, all of the parties, witnesses and evidence in the case are located outside of Wyoming, the ruling said.

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Thursday, December 16, 2021

California probate judge grants Motion to Lift Stay on Bradford Lund's 1992 Trust to finally have a hearing to distribute personal trust assets back to Lund, over the objection of First Republic Trust Company (FRTC) and its California-based attorneys Mitchell, Silberberg and Knupp (MSK), According to Lanny J. Davis, Attorney for Mr. Lund

In court papers, the 1992 Co-Trustees request justice and accuse both FRTC and MSK of "false and highly insulting" rhetoric and "abusive use of the courts"

 
News provided by 
Lanny Davis
Dec 15, 2021, 15:05 ET
 


LOS ANGELES
, Dec. 15, 2021 /PRNewswire/ -- The Los Angeles County Superior Court (Probate) Judge Hon. Daniel Juarez, on December 3, 2021, granted the 1992 Co-Trustees' Motion to Lift Stay which will finally provide a hearing on the distribution of personal 1992 Trust assets back to Bradford Lund.

In 1992, Bradford Lund, the grandson of Walt Disney, established a trust consisting of his own Disney stock.  The 1992 Trust was to hold the Disney stock until Lund reached 45 years of age in June, 2015.  However, because of procedural stays, distribution of the assets in the 1992 Trust has not occurred.  The 1992 Trust settled with Lund's twin sister, Michelle, and she agreed to dismiss her petition regarding that trust and to not object to any distribution of assets.  Still, the 1992 Trust assets were kept from Lund.  The main roadblock:  FRTC.  As stated in the court papers. "It would be a grave injustice to allow the Distribution Petition to continue to be stayed due to FRTC's hostilities against Mr. Lund …."  Judge Juarez lifted the stay on the Distribution Petition and set a court date for February, 2022.

FRTC was removed as the Trustee of the 1992 Trust in 2014. However, FRTC, and their attorneys at Mitchell Silberberg & Knupp, who have no standing whatsoever to interfere, have thwarted the distribution of Lund's own personal assets back to him. In rejecting all of FRTC's specious arguments, Judge Juarez granted the Motion from the bench.

As stated in Lund's court papers, "The Motion was brought for one reason only – Justice.  Justice in the form of the Co-Trustees getting Mr. Lund his own Disney stock back to him. Disney stock that has been held hostage by a series of stays of this case going back approximately six years."  "FRTC has no qualms in hiding its true intent – to hold captive all of Mr. Lund's" personal assets in Disney stock "to use as its own personal piggybank to pay for its outrageously large attorney's fees incurred in the 92 Trust case."

At the oral argument, the lead attorney for FRTC, Hayward Kaiser, continued the false allegations and attacks on Mr. Lund, Sherry Lund, and his lead attorney, Sandra Slaton, to no avail.  Judge Juarez ruled from the bench and granted the motion, finally providing Mr. Lund with his due process rights and scheduling a hearing – that first step that will, hopefully, permit Lund to finally get back his own personal assets that have been unjustly frozen by the probate court for more than six years now.

SOURCE Lanny Davis

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Sunday, October 24, 2021

Wyoming Supreme Court To Hear Arguments In Disney Ranch Sale

By Ellen Fike

The attorneys for the grandson of Walt Disney will argue their case to block the sale of his family’s ranch in Teton County until his appeal of a lower court’s decision on the issue can be heard in front of the Wyoming Supreme Court on Wednesday.

The case involves Bradford Disney Lund’s appeal of a lower court’s decision in January to dismiss his lawsuit challenging the sale of the ranch near Wilson he owns with his sister. The ranch has been in the family since Lund’s father, William Lund, purchased it more than 40 years ago.

Jackson attorney Chris Hawks told Cowboy State Daily on Tuesday that the legal team expected to hear a decision from the Wyoming Supreme Court within six months of the hearing, but that timeline could change.

“We’re arguing that Bradford Lund is one of the beneficial owners of the ranch,” Lund attorney Sandra Slaton told Cowboy State Daily. “He has a vested interest in that ranch. The trust legally owns the ranch, but the trustees are supposed to do what is in the beneficiary’s best interest.”

This appeal is the latest in Lund’s attempt to keep trustees from selling the 110-acre Eagle South Fork ranch near Wilson against his will.

The ranch has remained in residuary trusts for Lund and his sister following the death of their mother, Sharon Disney Lund.

“To keep the ranch means a lot to me,” Lund told Cowboy State Daily on Tuesday. “It would be a very big loss for the family history to sell that ranch.”

The trustees include L. Andrew Gifford, Robert L. Wilson, Douglas Strode, and the financial trustee bank, the First Republic Trust Co.

Lund is challenging efforts by the trustees to sell the ranch to a third party, saying it would be a violation of his mother’s wishes that the ranch remain available for the use of her children.

Lund filed a lawsuit in state district court in Teton County to stop the trustees from selling the ranch and seeking a court order to make trustees comply with an earlier agreement to have the trust set up for Lund’s benefit pay $9.79 million to buy the half of the ranch held in the trust set up for his sister. The purchase would make Lund sole owner of the ranch.

The trustees then moved to dismiss the case to California instead of Wyoming because they claimed it was more convenient. The court granted that motion and dismissed the case.

Immediately after the decision was announced in January, the trustees announced they had an offer from a third party to buy the ranch.  If the ranch is sold, the trustees will each get a 2% commission, nearly $700,000, from the sale.

Lund is appealing the state district court’s decision, saying the judge abused his discretion when it found that “the private- and public-interest factors strongly outweighed the deference owed to (Lund’s) choice of forum,” according to a brief filed with the Supreme Court.

In his appeal Lund insists that the decision on the sale of Eagle South Fork be determined by Wyomingites that are close to the property and understand its true value and worth.

The legal action is one of several involving Lund and the trustees. He is suing in California courts over their management of five separate trusts established for his benefit.

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Wednesday, August 4, 2021

Disney Grandson Languishes in the “Unhappiest Place on Earth”

by Downey Brand LLP


While Disneyland may be the “Happiest Place on Earth,” a California probate court may be the opposite for a Disney heir, mused the U.S. Court of Appeals in Lund v. Cowan (9th Cir. 2021) ___ F.3d ___. Bradford Lund, a 50 year-old grandson of Walt Disney, sued the probate judge who rejected a settlement agreement that would have allowed him to access his approximately $200 million inheritance, and the federal appellate court affirmed the dismissal of the suit.

The real drama has played out in the probate department of the Los Angeles County Superior Court. Litigation there has spanned 15 years with no FASTPASS or end in sight. Bradford’s story is unlike any Disney movie we have seen, but equally entertaining.

The Disney Family Cast of Characters

According to an article from the Hollywood Reporter, Walt Disney and his wife Lillian had two children, a biological daughter named Diane Disney Miller and an adopted daughter, Sharon Disney Lund. Walt reportedly came up with the concept for Disneyland while watching Diane and Sharon ride the merry-go-round at Griffith Park in Los Angeles.

Sharon adopted her first daughter, Victoria, during her first marriage. After her divorce, she married William “Bill” Lund, and they had two children in 1970, twins Bradford and Michelle. Bradford and Michelle each had learning disabilities growing up, according to the Hollywood Reporter article. Bill described Bradford as having Down syndrome and fetal alcohol syndrome. Michelle was diagnosed with dyslexia.

Sharon’s three children – Victoria, Bradford and Michelle – were named beneficiaries of several Disney trusts through their mother’s inheritance. In 2014, these assets were valued at approximately $400 million dollars.

Bill divorced Sharon in 1977 and eventually re-married Sherry Lund.

Sharon died in 1993. Victoria died without children in 2002 and the balance of her trust was added to the principal of the trusts for Bradford and Michelle.

When Is a Beneficiary “Mature” Enough to Inherit?

After Sharon died, three separate residuary trusts were created, one for each of her children. Each trust had three individual trustees and one corporate trustee. The trustees have changed over the years, including Sherry Lund, Bill Lund, and Sharon’s older sister, Diane Disney Miller.

The trustees were required to pay the beneficiaries a yearly income payment.

Separately, the trustees were allowed to make distributions to the beneficiaries when each reached the ages of 35, 40, and 45. Each of these birthday distributions was close to $30 million.

However, the trust instrument gave the trustees a discretionary withholding power with respect to the birthday distributions. According to the Hollywood Reporter article, the trust said that the trustees “shall have the power to withhold any such distribution in the event that the Trustees, in their discretion, determine that the child has not theretofore demonstrated the maturity and financial ability to manage and utilize such funds in a prudent and responsible manner.” In the event of such a withholding, the trustees “may subsequently make such distribution, or a portion thereof, if the Trustees later determine that the child has met the required standard.”

“Frozen” Out of the Trusts

The discretionary distribution power has caused great strife.

In 2005, on Bradford and Michelle’s 35th birthday, the trustees exercised the discretionary power for the first time. Bradford got nothing. Michelle, according to Brad, received approximately $35 million.

In 2010, on Bradford and Michelle’s 40th birthday, the trustees again exercised their discretionary power. Bradford got nothing and the trustees refused to revisit the decision made at his 35th birthday. Michelle received her share.

On both occasions, the trustees withheld distributions on the basis that Bradford lacked the mental and financial abilities to manage such a fortune.

Michelle received the distributions even though she reportedly had a history of drug addiction and a brain aneurysm that left her with uncertain mental abilities. Similarly, prior to her death, Victoria received a distribution on her 35th birthday even though she had issues with heroin use and led an extremely lavish lifestyle.

According to the Hollywood Reporter article, Bradford’s lawyers argued that the trustees were trying to take control of the children’s inheritance altogether. For example, the trustees tried to seek a conservatorship over Michelle, move her to a facility in Arizona, and also sought to prolong the administration of the trust in order to get paid hefty trustee fees. The probate court was not persuaded by these arguments, and affirmed the unequal distributions to the twins.

Effectively, Bradford was “Frozen” out his inheritance. He felt that the trustees were “keep[ing] [his] trust hostage, and they refuse to hand me over what is legally and rightfully mine.”

Saga Escalates to Federal Court

Not surprisingly, in 2015, on Bradford and Michelle’s 45th birthday, Bradford again was denied a birthday distribution. By then, his distributions would have totaled an estimated $200 million.

Bradford challenged the trustees’ refusal to distribute his share. The parties engaged in mediation and reached a global settlement agreement. They then approached Judge David Cowan of the Los Angeles Superior Court to approve the settlement.

During the settlement conference, Judge Cowan said, “Do I want to give 200 million dollars, effectively to someone who may suffer, on some level, from Down syndrome? The answer is no.” The judge rejected the settlement and appointed a guardian ad litem, without holding a hearing, to look out for Bradford’s interests.

Bradford initiated a federal lawsuit in the U.S. District Court for the Central District of California. He claimed that Judge Cowan violated his rights, including those under the Americans with Disabilities Act. The district court dismissed the complaint, and the Ninth Circuit affirmed the dismissal because Judge Cowan could not be liable under the doctrines of sovereign and judicial immunity.

A YouTube recording of the Ninth Circuit argument, which we unofficially rate as “G,” can be seen here.

In its opinion, the Ninth Circuit did “find Judge Cowan’s comment troubling. That someone has Down syndrome does not necessarily preclude the ability to manage one’s own financial affairs. In any event, the record suggests that Lund does not have Down syndrome. But judicial immunity shields even incorrect or inappropriate statements if they were made during the performance of a judge’s official duties.”

Back to Probate Court

With the loss of his appeal to the Ninth Circuit, Bradford finds himself once again in probate court, hoping to get his hands on his $200 million inheritance. His “California Adventure” continues.

The question remains whether Bradford has the mental capacity and the maturity to manage his $200 million fortune. An Arizona court found that Lund is “not incapacitated” and a California court determined that he has capacity to choose new trustees. There is also DNA evidence he does not have Down syndrome and evidence that Bradford held several jobs, suggesting that he has the capacity to handle the fortune like his sister, Michelle.

Depending on the positions taken by the trustees and the probate court, Bradford might receive substantial distributions in the future.

Another Example of Fiduciary Abuse?

Bradford’s tale draws further attention to the possibility of abusive fiduciary relationships in the context of massive fortunes. As discussed in a prior post, Britney Spears and Netflix have led to scrutiny of conservatorships. Bradford’s situation, though not involving a conservatorship, also involves loss of control over wealth.

Bradford has already taken steps to draw more attention to abusive fiduciary relationships, by writing to the House Judiciary Committee to investigate corrupt fiduciaries for depriving beneficiaries of due process.

As the probate battle continues, let’s hope that Bradford gets some time away from the “Unhappiest Place on Earth” to enjoy his grandfather’s famous theme park or catch his favorite Disney film.

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Wednesday, July 21, 2021

Grandson files appeal to return Disney ranch dispute in Wyoming

Bradford Lund, grandson of Walt Disney.


 by Ellen Gerst

The grandson of Walt Disney is continuing his legal battle with his own trustees for the ownership of a family ranch in Teton County.

Since September 2020, Bradford Lund has been attempting to keep Eagle South Fork, a 110-acre ranch in Wilson, in the family in keeping with his father’s wishes.

Lund’s trustees are reportedly in the process of selling the ranch for an estimated $35 million to an undisclosed buyer, after the first potential buyer backed out in the midst of the litigation.

Right now, the case has been dismissed to Los Angeles County Superior Court, after Lund’s trustees argued it would be more convenient for them to have it tried in California. A motion to keep the case in Wyoming was denied in April.

On July 7, Lund and his attorneys filed an appeal of that decision in Wyoming Supreme Court, in hopes of keeping the ongoing case nearer to the ranch itself.

“It’s a Wyoming ranch,” said Sandra Slaton, Lund’s attorney based in Arizona. “It should be tried before a Wyoming jury.”

Slaton said keeping the case in California serves the trustees interests, since Wyoming is one of only a handful of states that don’t recognize out-of-state lis pendens, or notices of pending litigation. In most states, a lis pendens clouds the title of land to be sold and often delays the sale. Moving the case to Wyoming would likely discourage a buyer from going through with the disputed deal.

Currently, the sale is slated to go through this fall.

According to Slaton, an attempt to file a temporary restraining order in Los Angeles to pause the sale was denied earlier this year.

“It has been very traumatic for me,” Lund said last week. “It’s got some great memories and a lot of good scenery that everybody loves up there. It’s prime property.”

Lund has been locked in a dispute with his trustees for years over the distribution of his inheritance. Every five years between Lund’s 35th and 45th birthdays — all of which have now passed — he was intended to receive around $20 million of that money.

But based on the trustees’ claims that he is mentally incompetent, the money has been withheld. While rejecting a settlement in 2019 which would have awarded Lund around $200 million, a judge in California ruled to appoint a guardian ad litem for Lund in the case — a move usually reserved for children or those who can’t understand the proceedings themselves.

“Do I want to give 200 million dollars, effectively, to someone who may suffer, on some level, from Down syndrome?” Judge David Cowan said in the hearing, according to court filings. “The answer is no.”

Lund does not have Down syndrome, according to a test of his genes often cited by his attorneys. Two other judges in California and Arizona, where Lund spends most of his time, also previously ruled he was competent enough to handle the matter.

A civil rights claim filed against Cowan was dismissed last week, since he is protected by judicial immunity and the case moved to another judge’s docket. The guardian ad litem was also removed from Lund’s case.

Lund and his twin sister, Michelle, each own 50% of the ranch through their respective trusts.

In January, Lund’s team of trustees gave him about a week’s notice to come up with $35 million of his own money — not drawn from his trust — to buy the ranch outright, or else it would be eligible for sale.

The trustees also said they would be taking a 2% “marketing fee” for facilitating the sale, which lawyers say is extremely unusual. Under trust law, trustees are obligated to make decisions with only the good of their beneficiary in mind — in this case, Lund.

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Monday, July 19, 2021

California judge can’t be sued for false assertion that Walt Disney’s grandson has Down syndrome

'This whole concept of blanket immunity for judges should be modified by Congress. No one is above the law,' says attorney for Bradford Lund

Bradford Lund, grandson of Walt Disney. (Courtesy by Lanny J. Davis)

By Tony Saavedra

A federal appellate court this week chided a Los Angeles County Superior Court judge for “inappropriate” and “inaccurate” comments that Walt Disney’s adult grandson has Down syndrome, but nevertheless ruled that the judge is protected from legal consequences.

A panel of the 9th Circuit U.S. Court of Appeals on Thursday upheld a lower court dismissal of a civil rights lawsuit by Disney heir Bradford Lund against Los Angeles County Judge David Cowan, who had placed the case under a guardian ad litem. However, Justice Kenneth Lee, in his written opinion, called out Lund’s struggle in a system that can be predatory toward those it is supposed to protect.

“For over a decade, Bradford Lund — the grandson of Walt Disney — has languished in perhaps the Unhappiest Place on Earth: probate court,” Lee wrote.

Lund is fighting with trustees and family members over his $20 million inheritance. Trustees contend Lund lacks the mental capacity to handle his own finances, although he was found fit by an Arizona court. The trustees have since taken their case to Los Angeles.

Under the trust set up by his mother, Lund was to have received part of his inheritance on his 35th, 40th and 45th birthdays. He is now 50.

In 2019, it appeared that Lund and the trustees struck an agreement, but it was quashed by Cowan: “Do I want to give 200 million dollars, effectively, to someone who may suffer, on some level, from Down syndrome? The answer is no.”

Cowan then appointed a guardian ad litem for Lund’s case, in the same procedure that has entangled pop singer Britney Spears for more than a decade.

The judge refused to later retract the statement about Lund even after he was given DNA evidence that he does not have Down syndrome.

Lund sued Cowan, alleging the judge had violated the American with Disabilities Act as well as his civil rights for not holding  a hearing before appointing a guardian ad litem. Since then, Cowan retracted the guardian and has stepped down from the case. Consequently, appellate justices ruled this week that Lund’s lawsuit was moot and that judges enjoy judicial immunity from being sued for their actions.

His attorney, Sandra Slaton, said she was disappointed by the dismissal of Lund’s lawsuit, but encouraged by the justices’ recognition in a published opinion of Lund’s plight and the inappropriateness shown by Cowan,

“This whole concept of blanket immunity for judges should be modified by Congress,” Slaton said. “No one is above the law.”

Slaton said she and Lund were considering their next step.

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Saturday, July 17, 2021

Walt Disney’s Grandson Loses Appeal in Fight for $200M Inheritance

An appellate judge dubs probate court "the Unhappiest Place on Earth" as Disney heir Bradford Lund has lost an appeal stemming from his fight to claim his fortune.  

by Ashley Cullins 

Walt Disney's grandson Bradford Lund Courtesy of the Lund Family

Walt Disney
’s adult grandson Bradford Lund has lost his appeal in a dispute with a Los Angeles probate judge who appointed a guardian at litem without a hearing and rejected a proposed settlement that would have given him $200 million — though the appellate court describes the circumstances that led to the suit as “troubling.”

Lund, a Disney heir who is now in his 50s, has been in a complicated long-running feud with his family over his inheritance. He, along with the other grandchildren, were set to receive eight-figure payouts at the ages of 35, 40 and 45 — unless they didn’t demonstrate the “maturity and financial ability to manage and utilize such funds in a prudent and responsible manner.”

In February 2020, Lund filed a lawsuit in California federal court that argued L.A. County Superior Court Judge David J. Cowan violated his due process rights when, after rejecting a settlement that the family and trustees had reached, he appointed a guardian ad litem without a hearing — even though an Arizona judge had found Lund was “not incapacitated” and another California judge determined Lund had capacity to choose new trustees. He later amended the complaint to include a claim under the Americans with Disabilities Act because Cowan in the 2019 settlement hearing said: “Do I want to give 200 million dollars, effectively, to someone who may suffer, on some level, from Down syndrome? The answer is no.”

U.S. District Judge Stephen V. Wilson in July 2020 dismissed the matter. During the appeals process, Cowan discharged the guardian ad litem and granted Lund’s request to reassign the case to a new judge.

The 9th Circuit U.S. Court of Appeals on Thursday affirmed the dismissal — though not without criticizing the probate court and acknowledging that Lund is “understandably frustrated” with the system. It found most of Lund’s claims to be moot because Cowan removed the guardian ad litem and recused himself. The panel also held that Cowan’s statements, while inappropriate and with “questionable factual basis,” are protected by judicial immunity.

“For over a decade, Bradford Lund — the grandson of Walt Disney — has languished in perhaps the Unhappiest Place on Earth: probate court,” writes circuit judge Kenneth K. Lee in the opinion before explaining why Lund’s claims are now largely moot. “Lund no longer faces any harm from the appointment of the guardian ad litem because Judge Cowan has lifted the order appointing her. And any possibility of future harm sounds only in speculation, especially because Judge Cowan has transferred this case to another judge (and, indeed, he no longer serves in probate court).”

As for the ADA claim, the panel emphasizes the importance of judicial independence and says “[s]ubjecting judges to liability for the grievances of litigants” would compromise that.

“To be clear, we find Judge Cowan’s comment troubling,” writes Lee in the opinion, which is embedded below. “That someone has Down syndrome does not necessarily preclude the ability to manage one’s own financial affairs. In any event, the record suggests that Lund does not have Down syndrome. But judicial immunity shields even incorrect or inappropriate statements if they were made during the performance of a judge’s official duties.”

Lund’s probate court battle is ongoing.

 

 
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