The estate planning process is a central part of settling one's affairs in contemplation of death. However, even the best estate plans can sometimes go awry and wind up in probate litigation. New Jersey readers may be interested in a long-standing dispute regarding the estate of Rosa Parks. After her death in 2005, the civil rights icon left most of her assets to the Rosa and Raymond Parks Institute for Self Development as well as her long time caretaker, sparking a probate litigation saga that challenged the validity of her will.

Parks chose her long-standing caretaker and another individual to handle her estate affairs. However, her relatives accused them of undue influence and of attempting to manipulate Parks into cutting them out of her will. A written agreement was reached in February 2007 that included a confidentiality clause. A claimed breach of that clause led to the removal of the original executors, who were replaced by two lawyers. But the legal wrangling continued.

The Michigan Supreme Court has now ruled there was no breach of confidentiality, effectively voiding the reason for the removal of the original executors. The court also specifically mandated that those individuals be reappointed so as to be consistent with the clearly stipulated wishes of Rosa Parks. In so doing the court released the details of the February 2007 estate settlement, the highlights of which provided that the caretaker and the Rosa and Raymond Parks Institute for Self Development would receive 80 percent of the net proceeds from the sale of her belongings, in addition to the royalties from the license of her name, image and likeness. Her nieces and nephews would receive 20 percent.

Observers believe the judge in the case will closely watch how the estate administrators proceed with the agreement in view of the continued litigation and cross accusations of the parties. While probate litigation in New Jersey will not always be able to be avoided, taking the time to properly create a comprehensive estate plan can help limit the likelihood of a will being disputed.

Source: Detroit Free Press, "The secrets are out on deal to settle suit over Rosa Parks estate," David Ashenfelter, Feb. 5, 2012