Legendary hip hop artist DMX—born Earl Simmons—passed away on April 9 at age 50 after suffering a massive heart attack a week earlier at his home in White Plains, New York. The heart attack was reportedly triggered by a cocaine overdose on April 2, which left the rapper hospitalized in a coma. After a week of lingering in a vegetative state, his family made the decision to remove him from life support.

Despite selling more than 74 million albums and enjoying a wildly successful career in both music and movies, DMX, who died without a will, left behind an estate that some estimates report being millions of dollars in debt. Even though DMX likely died deeply in debt, just weeks after his passing, multiple members of his family, which includes 15 children from nine different women, petitioned the court seeking to become administrators of the late rap star’s estate.

While DMX’s estate may currently be in the red, his loved ones are presumably fighting over the right to control the rap icon’s recording and publishing royalties, which will likely be a lucrative source of future income. In fact, following his death, Billboard reported that DMX’s total royalties, which include the release of a posthumous album, master recording royalties, and licensing opportunities, are worth an estimated $17.7 million.

With so much wealth at stake and so many children, DMX’s failure to create an estate plan will likely mean his loved ones will be stuck battling each other in court for years to come. And perhaps no one stands to suffer more than DMX’s fiancée, Desiree Lindstrom.

DMX and Desiree, who were engaged in 2019, had been together for seven years, and she gave birth to his 15th child, a boy named Exodus Simmons, in 2016. However, because the two were never married and DMX did not create any estate planning providing for her, Desiree will likely inherit nothing from her late fiance’s fortune.

A Common Problem
While DMX’s case is certainly tragic, the lack of estate planning is all too common among famous musicians—Prince, Jimi Hendrix, and Bob Marley all died without a will. More recently, the legendary “Queen of Soul,” Aretha Franklin, who died in 2018, left behind four different handwritten wills, and more than three years after her death, her four adult sons are still fighting each other in court over her estate.

We cover DMX’s story and others like it in hopes that they will inspire you to do right by your loved ones by creating a proper estate plan. Death comes for us all, often when we’re least expecting it. And without any planning in place, you are forcing your loved ones to endure a costly, possibly conflict-filled, and in all cases, an unnecessary legal process resulting in the loss of wealth and assets you’ve worked so hard to create.

Furthermore, estate planning is crucial even if you have far less wealth than the late rap icon. After all, given DMX’s lucrative recording and publishing royalties, his children will likely still receive an inheritance, while similar estate planning failures would almost certainly wipe out a smaller estate.

With this in mind, we’ll discuss DMX’s estate planning mistakes and how those errors have impacted his family, his fortune, and his end-of-life medical treatment. From there, we’ll explain how proper planning could have spared DMX, his kids, and his fiancée from their tragic circumstances, and then we’ll outline the steps you can take to make certain that your loved ones never have to endure such a dire outcome.

From Fame And Fortune To Debt and Prison

Emerging on the scene in the late 1990s, DMX quickly became one of rap’s biggest stars, cranking out chart-topping hits like “Party Up” and “X Gon’ Give it to Ya.” Between 1998-2003, DMX cemented his legendary status in hip hop, with an unprecedented string of five consecutive number-one albums which would earn him three Grammy Awards. From there, DMX parlayed his success in the music biz into an impressive career in movies, starring in a number of hit films, such as Romeo Must Die and Cradle 2 The Grave.

While DMX experienced amazing success in his professional life, his personal life was plagued by serious financial and legal struggles as well as substance abuse. Although his albums earned him more than $2.3 million between 2010 and 2015, DMX filed for bankruptcy in 2013, claiming to have just $50,000 in assets and owing more than $1 million in debt to numerous creditors. The bankruptcy court, however, denied DMX’s claim, leaving him on the hook for his debts.

The majority of DMX’s money problems were caused by the fact that he fathered so many children with so many different women, each of whom relied on the hip-hop icon for financial support. DMX married his childhood friend Tashera Simmons in 1999, and they had four children together and were married for nearly 15 years until their divorce in 2014. However, DMX had numerous affairs during their marriage, some of which resulted in children.

In 2004, DNA testing confirmed that DMX fathered at least one child from these extramarital affairs, and this led to the rapper being sued for unpaid child support. As a result, DMX was ordered to pay $1.5 million to the child’s mother, Monique Wayne.

But that wasn’t the end of DMX’s problems with child support. In his 2013 bankruptcy filing, DMX listed back child support as his priority debt, totaling roughly $1.24 million to multiple women. In addition to outstanding child support payments, DMX’s financial troubles were exacerbated by his failure to pay income taxes, which eventually landed the rap star in prison.

In 2017, DMX pled guilty to $1.7 million in tax fraud, and the court ordered him to spend a year in prison. Although DMX was released from prison in 2019, at the time, he still owed $2.3 million in income taxes. In September 2020, the IRS filed a tax lien against DMX and ex-wife Tashera Simmons to collect the remaining debt, and upon his death, DMX reportedly still owed the IRS nearly $700,000, according to Radar.

A Traumatic Childhood Leads to Addiction
DMX’s troubles as an adult likely stemmed from his abusive childhood. Born to a teenage mother, the rapper was reportedly beaten by both his mother and her many boyfriends as early as age 6, according to the New York Post. At age 10, DMX was kicked out of school for fighting, and a short time later, he was ordered to spend 18 months in a home for troubled youth. By age 14, DMX was living on the streets, where he was first introduced to drugs. 

In a 2020 interview with podcaster Talib Kweli, DMX said that his issues with addiction started at age 14, when his 30-year-old rap mentor offered him a joint that DMX didn’t know was laced with crack cocaine. Following that experience, DMX said he began using drugs as a coping strategy to deal with his pain, and sadly, the habit followed him until his final days.

Over the years, DMX entered drug rehabilitation on multiple occasions (his latest rehab stint was in 2019), and the Grammy winner was even forced to cancel an entire tour due to his recurring battles with addiction—which would ultimately claim his life. Toxicology reports showed that the DMX died of a cocaine-induced heart attack that cut off circulation to his brain, leaving the rapper brain dead. Although DMX’s heart was revived at the hospital, he remained in a coma until his mother ultimately made the decision to remove him from life support a week later.

A Family Feud KIcks Off
While DMX’s mother, many of his children, his fiance, and ex-wife were able to visit him in the hospital before he passed away and were all reportedly on good terms, just a few weeks later, several of those same relatives were in court battling one another for control of the late rapper’s estate. And as we’ll see next week, with so many potential heirs and such big money on the line, the fight over DMX’s estate is likely to get quite ugly.

Don’t let what happened to DMX’s family happen to your loved ones. Whether you have no estate plan at all or have a plan that needs review—even one created by another lawyer—contact us, as your Personal Family Lawyer®, today. With our support and guidance, we can ensure that your loved ones will always be provided for and stay out of court and out of conflict no matter what happens to you.

Next week in part two of this series, we’ll discuss how DMX’s lack of estate planning created a nightmare for his family, and then we’ll outline the steps you can take to ensure your loved ones don’t suffer a similar fate.

This article is a service of [name], Personal Family Lawyer®. We do not just draft documents; we ensure you make informed and empowered decisions about life and death, for yourself and the people you love. That’s why we offer a Family Wealth Planning Session™, during which you will get more financially organized than you’ve ever been before and make all the best choices for the people you love. You can begin by calling our office today to schedule a Family Wealth Planning Session and mention this article to find out how to get this $750 session at no charge.

It’s sad but true that many pets end up in shelters after their owner dies or becomes incapacitated. In fact, the Humane Society estimates that between 100,00 to 500,000 pets are placed in shelters each year for exactly this reason, and a large number of these animals are ultimately euthanized.

Unfortunately, the law considers pets to be nothing more than personal property just like cars, furniture, and electronic devices. So unless you take the proper steps to include your pet in your estate plan, your beloved companion could end up in a shelter or worse following your death or incapacity.

In light of this cold reality, here we’ll detail how you can use estate planning to ensure your pets receive the best possible care when you’re no longer able to care for them yourself. Consult with us as your Personal Family Lawyer® to put the proper legal documents in place to provide for your furry friend’s future care.

Select A Caregiver For Your Pet

Selecting a trustworthy caregiver is the first—and most important—step in protecting your pet via your estate plan. You might assume that your kids, relatives, or friends will step in and care for your pet should something happen to you, and these folks may even tell you as much in conversation. But properly caring for most pets is a major commitment of time, energy, and finances, so you shouldn’t rely on simple promises to ensure your pet’s future is secure.

It’s best to come up with a list of potential candidates, and then have a frank talk with each of them, discussing the extent of care your pet requires and whether they have any personal issues (allergies, housing, children, other pets, etc) that might prevent them from providing the proper care.

If you don’t know any suitable caregivers, charitable groups, such as the Safe Haven® Surviving Pet Care Program, can provide for your pet in the event of your death or incapacity.

Create A Detailed Care Plan

Once you’ve chosen your pet’s caregiver—along with one or two alternates in case something happens to your top choices—then you’ll need to outline all of your pet’s care requirements. At the very least, your caretaking instructions should include your pet’s basic requirements: dietary needs, exercise regimen, medications, and veterinary care. But if you are like most pet owners, you probably want your pet to receive more than just the bare necessities, so consider leaving instructions for any other special treatment you want your furry friend to receive.

From special grooming arrangements and yummy treats to weekly visits to the park and favorite toys, your care plan can provide your beloved companion with whatever lifestyle you wish for them. Finally, don’t forget to address what you want to be done at the end of your pet’s life, such as burial, cremation, and/or memorial services.

Funding For Your Pet’s Continued Care
When determining how much money to put aside for your pet’s care, you should carefully consider the pet’s age, health, and special care needs. Remember, you’re covering the cost of caring for the animal for the rest of its life, and even basic expenses can add up over time.

In addition to the bare necessities like food and vet visits, make sure you also calculate the costs for any special treatments or services you include in the care plan and leave enough money to pay for them. And if you end up leaving more money behind than needed, you can always name a remainder beneficiary, such as a family member or charity, to inherit any funds not spent on the pet.

Create A Pet Trust
Since pet care can be quite complicated and costly, the best way to ensure your wishes are properly carried out is to set up a pet trust. While it’s possible to leave care instructions and funding for your pet in a will, a will cannot guarantee the new caregiver will use the funds properly—or even that they will care for your pet at all.

In fact, a person who’s left their pet in a will can simply drop the animal off at a local shelter and keep the money for themselves.  A pet trust, on the other hand, allows you to layout legally binding rules for how the funds in the trust can be used. Additionally, pet trusts can cover multiple pets, work in cases of incapacity as well as death, and they remain in effect until the last surviving animal dies.

To ensure your wishes are accurately carried out, you should name someone other than the caregiver as a trustee. This way, the trustee can manage the funds and make sure they are used exactly as spelled out in your care instructions.

Do Right By Your Furry Family
Although leaving assets in a pet trust is fairly simple, creating a properly drafted trust that includes all of the necessary terms can be quite complex. To this end, reach out to us, as your Personal Family Lawyer,® for support in creating your pet trust.

We can make sure that your pet trust contains all of the necessary elements to guarantee that your beloved companions will continue to receive the love and care it deserves no matter what happens to you. Contact us today to schedule an appointment.

This article is a service of Sahmra A. Stevenson, Office Without Walls™, and Personal Family Lawyer®. We don’t just draft documents; we ensure you make informed and empowered decisions about life and death, for yourself and the people you love. That’s why we offer a Family Wealth Planning Session, ™ during which you will get more financially organized, and informed about how to make all the best choices for the people you love. You can begin by calling our office today to schedule a Family Wealth Planning Session and mention this article to find out how to get this session at no charge.

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Recent advances in digital technology have made many aspects of our lives exponentially easier and more convenient. But at the same time, digital technology has also created some serious complications when it comes to estate planning. In fact, if you haven’t properly addressed your digital assets in your estate plan, there’s a good chance that most of those assets will be lost forever when you die.

Without the proper estate planning, just locating and accessing your digital assets can be a major headache—or even impossible—for your loved ones following your incapacity or death. And even if your loved ones can access your digital property, in some cases, doing so may violate privacy laws or the terms of service governing your accounts. Plus, you may also have certain digital assets that you don’t want your loved ones to inherit, so you’ll need to take steps to restrict or limit access to those assets.

There are a number of special considerations you should be aware of when including digital assets in your estate plan, and this series addresses each one. Last week in part one, we discussed some of the most common types of digital assets and the current legal landscape governing what happens to those assets upon your death or incapacity. Here, we offer some practical tips to ensure all of your digital assets are properly included in your estate plan, so these assets can provide the most benefit for your loved ones for generations to come.

5 Steps For Including Digital Assets In Your Estate Plan

If you’re like most people, you most likely own numerous digital assets, some of which may have significant monetary value and some which have purely sentimental value. You may also own digital assets which hold no value for anyone other than yourself or have certain digital property that you’d prefer your family and friends not access or inherit when you pass away.

To ensure all of your digital assets are properly accounted for, managed, and passed on exactly the way you want, take the following five steps:

1. Create a detailed inventory with access instructions: Start by creating a list of all the digital assets you currently own. Then, for each asset on your list, provide detailed information about where the asset is stored online and how it can be accessed, including all of the relevant login information and passwords. If you have a lot of different accounts, password management apps, such as LastPass, can help simplify this effort.

If you own cryptocurrency, prepare detailed instructions about how to access your cryptocurrency, and ensure that one or more people you trust know that you have a cryptocurrency and how to find your instructions. Because accessing cryptocurrency requires correct usernames and private keys, as well as knowledge of wallets, digital exchanges, and other storage devices, leaving a detailed “How To” guide may be essential to ensure your loved ones can access these assets.

After you’ve created your inventory and access instructions, store these documents in a secure location with your other estate planning documents, and ensure your fiduciary (executor or trustee) and your lawyer (if you have an ongoing relationship with a trusted lawyer), knows how to access these documents in the event something happens to you. Back up any digital assets stored in the cloud to a computer, flash drive, or other physical storage devices to make them easier to manage. And remember to update your digital-asset inventory regularly to account for any new digital property you acquire or accounts you close.

2. Add your digital assets to your estate plan: Once you’ve created your inventory of digital assets, you’ll need to add those assets to your estate plan. As with any other asset you own, you’ll typically pass your digital assets to your loved ones through either a will or a revocable living trust. Consult with us, your Personal Family Lawyer® about which strategy is best suited for your particular situation.

From there, specify in your will or trust the person, or persons, you want to inherit each asset and include detailed instructions for how you’d like the asset to be managed in the future if that’s an option. Additionally, some assets might be of no value to your family or be something you don’t want them to inherit or even access, so you should specify that those accounts and files be closed or deleted by your fiduciary.

Do NOT provide the specific account info, logins, or passwords in your estate planning documents, which can be easily read by others. This is especially true for wills, which become public records upon your death. Keep this information stored in a secure place, and let your fiduciary know how to find and use it. Consider using a digital asset management service, such as Directive Communication Systems, to support you with securing and managing all of your digital assets.

It’s also a good idea to include terms in your estate plan allowing your fiduciary to hire an IT consultant if necessary, especially if your fiduciary doesn’t have a lot of technical knowledge. This will help them manage and troubleshoot any technical challenges that come up, particularly with highly complex assets like cryptocurrency.

Alternatively, if your fiduciary isn’t particularly tech-savvy, you can designate a separate co-fiduciary just to manage your digital assets, known as a digital executor. A digital executor is someone who’s specifically tasked with accessing and managing your digital assets upon your death, and this might be a smart move if you have a lot of digital property or you own highly encrypted digital assets like Bitcoin.

Meet with us, your Personal Family Lawyer® to help decide if you should have a digital executor or would be better off using a different arrangement to manage your digital assets.

3. Limit access: In your estate plan, you also need to include instructions for your fiduciary about what level of access you want him or her to have. For example, do you want your executor or trustee to be able to read all of your emails, texts, and social media posts before deleting them or passing them on to your loved ones? If there are any assets you want to limit and/or restrict access to, we can help you include the necessary terms in your estate plan to ensure your privacy is fully honored.

4. Include relevant hardware: Your estate plan should also include provisions for any physical devices—smartphones, computers, tablets, flash drives—on which the digital assets are stored. Having quick access to this equipment will make it much easier for your fiduciary to access, manage, and transfer the online assets. And since the data can be wiped clean, you can even leave these devices to someone other than the person who inherits the digital property stored on it.

5. Check service providers’ access-authorization tools: Review the terms and conditions for each of your online accounts. Some service providers like Google, Facebook, and Instagram have tools that allow you to easily designate access to others in the event of your death. If such a function is offered, use it to document who you want to access and manage these accounts when you pass on.

Just make certain the people you named to inherit your digital assets using the providers’ access-authorization tools match those you’ve named in your estate plan. If not, the provider will probably give priority access to the person named with its tool, not your estate plan. 

Don’t Neglect Your Digital Assets In Your Estate Plan

As technology continues to evolve and our lives become increasingly digitized, it’s vital that you adapt your estate planning strategies to keep pace with these changes. As your  

Personal Family Lawyer®, we can assist you in updating your estate plan to include not only your traditional wealth and property but all of your digital assets as well.

As your Personal Family Lawyer®, we are keenly aware of just how valuable your digital property can be, and our estate planning strategies are designed to ensure your digital assets are preserved and passed on seamlessly to your loved ones in the event of your death or incapacity. Furthermore, we can accomplish all of this while ensuring you have the maximum level of privacy, and you stay in full compliance with the latest laws and regulations governing the ever-changing digital universe. Contact us today to get started.

This article is a service of Sahmra A. Stevenson, Office Without Walls™, and Personal Family Lawyer®. We don’t just draft documents; we ensure you make informed and empowered decisions about life and death, for yourself and the people you love. That’s why we offer a Family Wealth Planning Session, ™ during which you will get more financially organized, and informed about how to make all the best choices for the people you love. You can begin by calling our office today to schedule a Family Wealth Planning Session and mention this article to find out how to get this session at no charge.

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