Surprising Bequest Leaves Lawyer, Heirs an Estate of Confusion
Palm Beach Post
By Jane Musgrave, Staff Writer
Friday, November 23, 2007
Wearing a straw hat, frayed khaki pants and a
shirt that most would have consigned to the rag pile, Wilson Lucom
strolled into Richard Lehman's law office more than 30 years ago and
took the Boca Raton tax attorney on the legal ride of his life. It began when the multimillionaire hired Lehman to go after the IRS
for denying him a $2,500 home-office tax exemption. It continued, with
various twists and turns, through Lucom's crusade to get President Bush
and Congress to put a $1 billion bounty on the head of Osama bin Laden.
Over three decades, even after Lucom left the
tony island of Palm Beach to settle into life as an expatriate in his
second wife's homeland of Panama, Lehman was the go-to guy in battles
the onetime socialite and conservative pundit waged for fun and profit. Given Lucom's love of a good fight - typified by his belief that the
"nuclear option" could solve many of the world's problems - it's not
surprising that his death has unleashed a battle of epic proportions. Adding to the predictability of the battle royale is the sheer size of Lucom's estate: $50 million and counting. Still, even among lawyers who make their livings from nasty
squabbles that erupt when the wealthy die, most agree this is one for
the record books. It is being fought in courts in at least three countries. It
involves the heirs of once high-level Panamanian officials. It has
spawned not just mere civil lawsuits but criminal charges as well. Lehman, for instance, early on was accused by Lucom's widow and her
children of murdering his longtime client, who he says also became a
close friend. While those Panamanian charges were dropped, even now,
Lehman can't enter the nation without fear of arrest on charges
surrounding his handling of Lucom's estate. At the root of the ugly dispute is what appears to be a noble
bequest: In his will, Lucom left the bulk of his estate - a 7,000-acre
oceanfront cattle ranch valued at as much as $50 million - to the poor
children of Panama. Known for funding right-wing political candidates such as former
Sen. Jesse Helms, R-N.C., and conservative political causes, most
notably the watchdog group Accuracy in Media, Lucom never seemed to be
a soft touch for long-suffering children, his friends and family
members say. Lehman insists the bequest wasn't out of character. "He was the kind of guy who didn't like to see people taking (crap), and that's how poor people in Panama are treated," he said. His widow, Hilda Piza Lucom, disagrees. "He never talked to me about a foundation for poor children in
Panama," the 84-year-old said in a deposition in one of the numerous
lawsuits that now swirl around the estate. "He didn't like children." Her granddaughter, Madelaine Urrutia, also said the bequest seems suspicious. Uncle Chuck, as she called Lucom, knew of her work on the board of
Asociación Pro Niñez Panameña, a organization that helps poor children
in Panama. But, she said, despite her requests, he never offered a
donation except for one time when he bought $50 worth of raffle tickets
for an association benefit. He was very involved in political groups, particularly those that
fought communism, she said. "Children were not a cause for him." Like his widow and other members of the powerful family that counts
two Panamanian presidents on its family tree, Urrutia said she was
stunned by Lucom's generous bequest. "I was surprised," she said. "I never saw that on his mind." What the family suspects, a suspicion it has made clear through
court documents, is that Lehman cooked up the bequest as a way to get
his hands on Lucom's millions. Lawyer vs. heirs Lehman scoffs at such talk. He insists that the legal battle he has waged to protect Lucom's
wishes to help Panamanian children has cost him nearly $700,000 from
his own pocket. "If I walk away from these kids, I'll walk around for the rest of my life worried that God will strike me dead," he said. Still, attorneys representing Hilda Lucom say Lehman's actions belie his righteous words. For instance, although Lucom's will names Lehman, Hilda Lucom and his longtime friend NewsMax
magazine founder Christopher Ruddy as trustees, they say Lehman
persuaded a Panamanian judge to name him sole trustee of Lucom's
lucrative Panamanian estate. He then used the Panamanian court decision
to persuade Palm Beach County Circuit Judge John Phillips to issue
letters of administration to gain access to Lucom's holdings in
Florida, including a $655,000 bank account that Lehman quickly emptied.
Further, they point out that Lehman created a trust fund in St.
Kitts and Nevis, a popular spot in the West Indies for people to put
money they don't want others to get their hands on. The trust, they
say, was created roughly a week before Lucom's death on June 2, 2006. Although Lucom was gravely ill in the days before he died at age 88,
he was lucid, family members and Lehman agree. However, instead of
getting Lucom to sign the trust documents, Lehman signed them with a
power of attorney and had Ruddy sign them as well. Attorney Charles Weiss, who represents Hilda Lucom in the Palm Beach
County litigation, said to exercise the power of attorney Lehman first
had to get two doctors to agree that Lucom was mentally incapable of
making such decisions. Doctors' letters Lehman provided were written two days after he
exercised the power of attorney to create the Nevis trust, Weiss said.
In addition, the doctors didn't note any mental limitations that would
have prevented Lucom from signing the documents himself, listing only
the array of medical problems he faced. Further, although Hilda Lucom and Ruddy were also to serve as
trustees of the foundation - set up to administer the estate - within
months of Lucom's death, Lehman removed both of them. "Now, he's the only one in the game," Weiss said of the effect of Lehman's actions. In a deposition, Lehman said he couldn't remember what legal
authority he had to remove Hilda Lucom and Ruddy as trustees, simply
saying it was another way to protect Lucom's wishes. He offered a similar explanation when asked how he spent the $655,000 he took from Lucom's Palm Beach County bank account. "I can account for every dime I spent," he said. Hilda Lucom's attorneys counter that Lehman improperly shuffled some
of the money into his law firm's account. For instance, in court
documents they say, $180,000 was put in Lehman's office account with
the notation, "reserve for future Lucom estate expenses." They argue he
shouldn't have put money into his office account before the actual
expenses were incurred. In addition, they claim, much of the money was used to pay legal
expenses that had nothing to do with Lucom's Florida estate. For
instance, they claim he paid nearly $53,000 to hire a Panamanian
attorney to represent him on the criminal charges filed against him by
Hilda Lucom's family. Likewise, they claim, he spent tens of thousands of dollars on
attorneys to represent him in the battle over Lucom's Panamanian estate
and to resolve legal issues in Nevis - neither of which had anything to
do with Lucom's Florida estate. The expense that really galls them, however, is the $32,356 he
claims he spent on public relations. They say he can't use estate money
to bankroll a publicity campaign to pressure Hilda Lucom and her
children to back off. Lehman says the complaints about his spending - particularly the PR
gripes - are laughable. He said he hired a PR firm in Panama to devise
an advertising campaign about Lucom's generous bequest to the children
of Panama. While one ad appeared in a Panamanian newspaper, the
campaign never got off the ground, he said. He also produced a sophisticated 28-page brochure that he touts on a
Web site, titled "A Legal Crisis: Expatriates In Panama." In it, he
recounts a story of corrupt lawyers who have circumvented Lucom's will.
He said he did it, in part, to anger Hilda Lucom's lawyers and also to
attract political attention to his fight. He also has written the U.S.
ambassador to Panama to complain of his treatment by the island's legal
system and to Panamanian lawmakers as well. As to the charges of misspent funds, he brushed them off as
inconsequential. All of the money - Lucom's assets in Panama and those
in Florida - will ultimately end up in the same pot. So, he reasons, it
is appropriate to spend Lucom's Florida cash to make sure his wishes
are satisfied in Panama. Further, he says, the criminal charges he
faced were a direct result of his work on Lucom's behalf. So it makes
sense that his late client's money should pay for his defense. Judge Phillips wasn't so certain. He appointed an attorney to review how Lehman spent the money and report back to him. The report is expected soon. In the meantime, however, Phillips ordered Lehman to post a bond for the $655,000 that was in the account. Lehman did. But, now the bonding company has asked Phillips to
terminate the bond, claiming Lehman never told them about the disputes
surrounding Lucom's estate. Suits seem never-ending Lehman says he is up for the fight. After all, he says, it isn't the first time he has gone to battle for Lucom. When Lucom's first wife died in 1981, a similar dispute erupted
between Lucom and her children. Lehman says he represented him, and
ultimately Lucom got $15 million from the estate of Virginia Willys
Lucom, daughter of Toledo auto pioneer John Willys. In that case as in this one, loved ones weren't cut out of the will.
Virginia Lucom left each of her three children $3 million trusts. In this case, Lucom made sure Hilda Lucom would be well taken care
of. He left her his share of their home in Panama City, Panama, and all
the furnishings. Further, he set aside $240,000 a year for her care. He also gave $200,000 a year to Isabel Clark, one of his
stepdaughters from his first marriage. He left $1 million to the Mayo
Clinic in Rochester, Minn., where he was treated for cancer. An
additional $2 million was split among various employees. The flash point, Lehman insists, is that he gave only token amounts
to Hilda Lucom's five children from her three marriages to the late
Gilberto Arias. Her on-and-off-again first husband's father, Harmodio,
and uncle, Arnulfo, were presidents of Panama during the 1930s and
1940s. Still politically powerful, the family also owns the Panama America, one of the largest newspapers in the country. That connection prompted Lehman to file suit in Palm Beach County
against the Panamanian newspaper for $50 million, claiming the Arias
family has used it to print false information about the dispute to ruin
his reputation. He also has sued Hilda Lucom in Panama for $50 million
for filing more than a dozen criminal charges against him, including a
murder charge, claiming he disconnected life-support machines from
Lucom. All the charges are false, he says. Such suits, including ones involving offshore companies, seem never-ending, according to virtually all those involved. "It's a mess," says Clark, who as a favored stepchild from Lucom's
first marriage stands to inherit a lot of money. She said she is
remaining on the sidelines to see where, when and if it all ends. But
she, like virtually everyone involved, has hired lawyers. A key decision now rests with the Panamanian Supreme Court. A lower court reinstated Ruddy and Hilda Lucom as trustees to the
estate and also ruled that the Nevis foundation is invalid. Hilda Lucom
is also seeking to have Lehman removed and Lucom's will nullified,
Lehman said. Ruddy, who once was one of Lehman's clients, said he is convinced Lucom wanted the money to go to the poor children of Panama. "There was nothing diabolical in the way he set up his will," Ruddy said, although he believes Lehman mishandled it. Lehman insists there is nothing evil about his intentions. He said
he has contacted charities in Panama and wants to turn the money over
to them. "My goal is to win this thing, carry out my moral obligations, get a nice fee and go home," he said.
