A legal storm is brewing over Jimmy Buffett’s estate, worth $245 million. It’s a classic case of trouble in paradise for a business owner who assumed good estate planning documents alone would set a course for smooth sailing after death.
The lesson? Even with careful arrangements and top legal minds, without genuine trust between those charged with overseeing and distributing wealth, the best-laid plans could turn into a shipwreck. In short, co-trustees who mistrust each other are a recipe for disaster.
How Did Jimmy Buffett’s Estate Go Adrift?
When Jimmy Buffett passed away, he left substantial assets—including his Margaritaville hospitality empire—primarily in a marital trust for his widow, Jane, with instructions that the remainder eventually pass to their children. However, he named both his widow and longtime accountant Richard Mozenter as co-trustees.
Instead of collaborating, suspicion and legal maneuvers quickly took over: Jane accused Mozenter of lacking transparency, underestimating trust income, and charging steep trustee fees, while Mozenter argued that Buffett intentionally structured things to limit Jane’s financial control, and that she was interfering with trust administration.
This has resulted in expensive litigation across two states, an estate paralyzed by litigation, and headlines that Buffett put in a worthy effort to avoid.
Where Did the Estate Plan Go Wrong?
For small business owners, the Buffett mess highlights the importance that it’s not just who inherits, but also who manages a trust. After all, they are the ones who will make the daily decisions, invest assets, and distribute funds.
Simply appointing co-trustees to balance power can instead trap an estate in gridlock, especially if there’s bad blood or unclear roles. That’s because most trusts require unanimity for decisions, so a standoff can halt even basic management—think of a captain and first mate locked in the wheelhouse, unable to agree on which way to steer. Add in a lack of transparency and communication between trustees and beneficiaries, and resentment and suspicion take over.
What are the Lessons for Small Business Owners?
Buffett’s story isn’t just for billionaires. Business owners, especially those with complex holdings or blended families, should take this lesson to heart. As CPAs who work with closely held businesses, we often refer clients to estate planning attorneys to help ensure that the tax and asset protection strategies they implement during their lifetimes transition well into a legacy plan for after they’re gone.
To do the same, you’ll want to work with your tax and estate planning advisors to:
- Choose fiduciaries for their trustworthiness, ability to cooperate, and communication skills—not just financial acumen or family ties.
- Weigh the pros and cons of using a single independent trustee, or at least appointing a neutral third party as a tie-breaker if you must have co-trustees.
- Update your estate plan and asset inventory regularly, and communicate intentions openly to avoid, well, wasting away again in litigation-ville.
Ultimately, Jimmy Buffett’s estate hit many of the right notes: He used trusts to avoid probate, preserved privacy, and had a plan. But a legacy plan is only as strong as the people and the collaboration behind it.
Feel free to contact us with questions.
