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FINAL WISHES Will can be start of legal wrangling, observers assert
By Raja Mishra and Farah Stockman, Globe Staff, 7/17/2002
''I direct that my remains be cremated and my ashes sprinkled at sea off the coast of Florida where the water is very deep,'' Ted Williams wrote in the Dec. 20, 1996, document. But instead, the Hall of Famer's body hangs in a liquid nitrogen tank in an Arizona cryonics facility, reflecting a decision that two of his three children say he made after the will was filed. Now, legal experts say that supporters of the cryonics decision must produce written documentation that Williams wanted to be frozen if they hope to keep him that way. Under Florida law, they say, only a signed document can trump a valid will. Oral promises alone mean nothing. However, the unprecedented celebrity estate case already showcases one important principle of estate battles: Wills are not necessarily the last word. ''There is no statute that says your body will be disposed of as you dictate in your will,'' said Alexander Bove, a Boston attorney and author of ''The Complete Guide to Wills, Estates and Trusts. ''The fact that when you request to be cremated the court will probably allow those wishes to be carried out is out of respect, but not out of a legal obligation.'' So far, Albert Cassidy, the executor of Williams's estate, has not produced any documents showing that Williams wanted to be frozen, such as a completed application for membership at Alcor Life Extension Foundation, where he is now suspended in liquid nitrogen. ''If they had documents, you'd think they'd file them,'' said a Tampa estate and trusts specialist, Steven Hearn. In fact, the few mentions of Williams's desire for cryonic freeze, found in yesterday's court papers, are all preceded by the phrase, ''upon information and belief.'' This was a red light to Hearn. ''That's legalese that really means: We don't have any documents to prove our case, but we think we may find something,'' he said, either through documents or witnesses. Along with Williams's will, Cassidy, the executor, also filed a ''petition for determination and instructions'' at the Citrus County courthouse, which essentially asks a judge to sort out the dispute. In deciding what should happen with Williams's body, the judge can examine documents and listen to testimony. But if Williams's estate merely repeats assertions that Williams talked about cryonics during his dying days, their case may be fatally flawed, legal experts said. ''Often people come in and say, `Aunt Suzie said I could have the lamp.' That's simply not valid. You need proof,'' said Alan Bookman, a Pensacola-based estate and trusts lawyer. If the written documents are in conflict, friends, family members, and former caretakers with first-hand knowledge of Williams's wishes could be called to testify. Even though the will eliminated Bobby-Jo Williams Ferrell, Williams's eldest daughter from his first marriage, from his inheritance, she still would have a right to speak in court about what she thinks should be done with her father's remains, Bove said. Ferrell said her father wanted to be cremated and she accused Williams's son, John Henry Williams, of trying to sell her father's DNA. Since Cassidy, a close friend of Williams, as well as two of Williams's three children say that Williams's real desire was to be frozen, a judge might rely heavily on the testimony of unrelated caretakers, legal experts said. ''People like that who have no stake in the case, nothing to lose, people like that could have a lot of sway with the judge,'' said Jeffrey Baskies, a probate lawyer from Beverly who practiced law in Florida for 10 years and is now president at Lawyers Weekly USA, a professional journal. Kevin Helmich, an attorney from Destin, said Florida courts are strict about taking a will as the final wishes of the deceased and do not often allow the introduction of evidence of intent that contradicts a will. ''It's difficult to supersede a will,'' Helmich said. But not impossible. Officials with Williams's estate could produce a copy of his agreement with the Scottsdale, Ariz.-based Alcor Life Extension Foundation. Alcor requires that all potential customers sign a legal document in advance authorizing the transfer of their body under the Uniform Anatomical Gift Act, which allows people to donate their body to science and medicine. Alcor remains an approved recipient of a body under this federal act. Foundation officials would not comment on Williams's paperwork, or even confirm that his body was in their Scottsdale facility. However, if Alcor officials applied their own policies in the Williams' case, they might be hard pressed to accept Williams as a member. The application states that a will with provisions ''contrary to the goals of cryonics'' invalidates the Cryonics Suspension Agreement. Scott Nelson of the Globe Staff contributed to this report.
This story ran on page A16 of the Boston Globe on 7/17/2002.
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he will could not have been clearer.