Vernon's Will

[MissyM]

Has anyone ever seen a copy of that? Elvis's is easily seen on the internet. Why not Vernon's. Are wills considered public records that anyone can get a copy of. If so, why is there non of available of Vernon's. We have been told for 30 years what it said, but has anyone actually seen it?

[ehollier]

When a will is probated, the original is attached as part of the Petition to Probate, so it is part of the court documents and also public record.

[MissyM]

Hmm just odd that all these years, and with the internet, I'm not sure anyone has seen a copy of his?????

[ehollier]

Hmm just odd that all these years, and with the internet, I'm not sure anyone has seen a copy of his?????

Anyone can go into the civil records of whatever county that Memphis part of and pull up a search that will give you the Probate Docket No. which will correspond to the Succession. The only reason you would not be able to find a copy of the will would be if a gag order was placed on it, which would be given for a certain amount of time. But I doubt that this was the case nor have a read anything that states that. I would have to guess that no one is interested in Vernon's will since Elvis was the one that died first, had the controversy surrounding his estate and was tied up in litigation.

[KPM]

Anyone can go into the civil records of whatever county that Memphis part of and pull up a search that will give you the Probate Docket No. which will correspond to the Succession. The only reason you would not be able to find a copy of the will would be if a gag order was placed on it, which would be given for a certain amount of time. But I doubt that this was the case nor have a read anything that states that. I would have to guess that no one is interested in Vernon's will since Elvis was the one that died first, had the controversy surrounding his estate and was tied up in litigation.
That would be my guess also. If something of a controversial nature had been in Vernons will, it would have brought interest to it-and the press would have surely got a copy and it would be all over the news then and today on the Internet. Vernon had nothing to leave other than his own personal property and finances-separate from the Trusts holdings.
Elvis's will actually left Vernon nothing other than as stipulated in the will:
.....such portion of the principal at any time and from
time to time to time for health, education, support, comfortable
maintenance and welfare of.....
So he was guaranteed to live out his life free from financial worry (as long as the trust was solvent) But he got nothing he could in turn leave to anyone from Elvis's estate.

[ehollier]

That would be my guess also. If something of a controversial nature had been in Vernons will, it would have brought interest to it-and the press would have surely got a copy and it would be all over the news then and today on the Internet. Vernon had nothing to leave other than his own personal property and finances-separate from the Trusts holdings.
Elvis's will actually left Vernon nothing other than as stipulated in the will:
.....such portion of the principal at any time and from
time to time to time for health, education, support, comfortable
maintenance and welfare of.....
So he was guaranteed to live out his life free from financial worry (as long as the trust was solvent) But he got nothing he could in turn leave to anyone from Elvis's estate.

Absolutely, Ken. Just as an example of how some Succession work, here in our State, if a person's Estate is worth an amount of $50K or less AND does not own immovable property, then a Succession is not even necessary.

In Vernon's case, he lived in a house behind Elvis while married to Dee. Whatever happened to that house? Did he continue to live there after Elvis died or did he sell it and move into Graceland? It is possible that he didn't have anything in the way of immovable property when he died. The trust provided for him and Minnie Mae until their deaths.

Insofar as naming an Executor for his Estate and subsequently, a Trustee for the Trust, it would appear that Vernon may not have had much in the way of possessions, movable or immovable.

[MissyM]

That's what I don't get. If Vernon, Minnie and Lisa were beneficiaries of Elvis's estate, does that mean they (Vernon and Minnie) got nothing because the estate wasn't sold in order to disburse monies??? That's what normally happens. Someone dies, their estate is sold and the money is divided between disignated beneficiaries. So if one dies before the estate is sold, then their heirs get nothing. Do I have that right?

[ehollier]

That's what I don't get. If Vernon, Minnie and Lisa were beneficiaries of Elvis's estate, does that mean they (Vernon and Minnie) got nothing because the estate wasn't sold in order to disburse monies??? That's what normally happens. Someone dies, their estate is sold and the money is divided between disignated beneficiaries. So if one dies before the estate is sold, then their heirs get nothing. Do I have that right?

No, that is incorrect. Lisa Marie was the sole beneficiary of Elvis' estate. Vernon and Minnie Mae were to have usufruct of the home and be taken care of by the trust.

[ehollier]

That's what I don't get. If Vernon, Minnie and Lisa were beneficiaries of Elvis's estate, does that mean they (Vernon and Minnie) got nothing because the estate wasn't sold in order to disburse monies??? That's what normally happens. Someone dies, their estate is sold and the money is divided between disignated beneficiaries. So if one dies before the estate is sold, then their heirs get nothing. Do I have that right?

Also, estates aren't sold and money divided. When the deceased has left a will, then the will is what is used to transfer the immovable and movable property. When a will is not left by the decedent, then the immovable and movable property is divided using that States Succession laws.

[utmom2008]

In Vernon's case, he lived in a house behind Elvis while married to Dee. Whatever happened to that house?

Well....I tried to load the pics but it keeps saying that it "failed"..maybe Gail can post hers. The house is in deplorable conditions...terrible. It's owned by someone in California. I can't imagine how the neighbors stand it. The empty, rotting pool has to be a safety risk.(n)(n)

[utmom2008]

That's what I don't get. If Vernon, Minnie and Lisa were beneficiaries of Elvis's estate, does that mean they (Vernon and Minnie) got nothing because the estate wasn't sold in order to disburse monies???

Lisa was the sole beneficiary of Elvis' will.....:blush::blink:

[utmom2008]

Here we go Elizabeth....admire this beauty.;);)

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[ehollier]

Lisa was the sole beneficiary of Elvis' will.....:blush::blink:

I know. That's what I said. We've also covered this already here and in private emails.

[midnight]

That is so sad to see! Too bad Graceland could not buy it back and bring it back to its original condition.....

[ehollier]

Here we go Elizabeth....admire this beauty.;);)

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25471

Where do I make reservations???? Do you know if this house was sold before Elvis died or after Vernon died?? I also wonder if the title was in Vernon's name or Elvis. I remember reading that he purchased the house for Vernon when he wanted them out of Graceland. These 2 things would determine what and/or if property was conveyed in Vernon's succession.

[utmom2008]

Here's one more.......

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[midnight]

Who is that by the gate.... is it Gail up to her old tricks again?

[utmom2008]

I know. That's what I said. We've also covered this already here and in private emails.

Okayyyyyyy~excuse meeeeeee.:blink:

[KPM]

That's what I don't get. If Vernon, Minnie and Lisa were beneficiaries of Elvis's estate, does that mean they (Vernon and Minnie) got nothing because the estate wasn't sold in order to disburse monies??? That's what normally happens. Someone dies, their estate is sold and the money is divided between disignated beneficiaries. So if one dies before the estate is sold, then their heirs get nothing. Do I have that right?
The money was not suppose to be disbursed and equally divided that is not what the will says-it says to set up a trust.
Even if the estate had been sold-then the money would have been in the trust-used to take care of their needs as they arose but when Vernon and Minnie died that ended their coverage under the will. It also ended the coverage of the 4th list of unnamed relatives who might need some help or support as the executor saw fit.
(a) The Trustees is directed to take, hold, manage, invest and
reinvent the corpus of the trust and to collect the income
therefrom in accordance with the rights, powers, duties,
authority and discretion hereinafter set forth. ......

(b) After payment of all expenses, taxes and costs incurred in
the management of the expenses, taxes and costs incurred in the
management of the trust estate, the Trustee is authorizes to
accumulate the net income or to pay or apply so much of the net
income and such portion of the principal at any time and from
time to time to time for health, education, support, comfortable
maintenance and welfare of: (1) My daughter, Lisa
Marie Presley, and any other lawful issue I might have, (2) my
grandmother, Minnie Mae Presley, (3) my father, Vernon E.
Presley, and (4) such other relatives of mine living at the time
of my death who in the absolute discretion of my Trustees are in
need of emergency assistance for any of the above mentioned
purposes and the Trustee is able to make such distribution
without affecting the ability of the trust to meet the present
needs of the first three numbered categories of beneficiaries
herein mentioned or to meet the reasonably expected future needs
of the first three classes of beneficiaries herein mentioned.
Any decision of the Trustee as to whether or not distribution,
to any of the persons described hereunder shall be final and
conclusive and not subject to question by any legatee or
beneficiary hereunder.

(c) Upon the death of my Father, Vernon E. Presley, the Trustee
is instructed to make no further distributions to the fourth
category of beneficiaries and such beneficiaries shall cease to
have any interest whatsoever in this trust. (d) Upon the death of both my said father and my said
grandmother, the Trustee is directed to divide the Residuary
Trust into separate and equal trusts, creating one such equal
trust for each of my lawful children .....


The idea of this will was never to leave the estate in whole to anyone except Lisa.
Vernon, Minnie and the provision for relatives needing emergency assistance did not inherit anything except the promise of living expenses (as mentioned in the will) during their lives- until they died.
After they died the trust was Lisas alone until she reached the age specified to turn it over to her.
This will was set up to make Lisa the one and only inheritor of all property and money. There was never any provision to divide anything amonst the named and (unnamed people) in this will.

[utmom2008]

Who is that by the gate.... is it Gail up to her old tricks again?
No..that's me. This is me as well, climbing the fence in the backyard.
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[Diane]

Rosanne your last picture failed. Post it again please as I want to see this.:)

I was thinking maybe with all the clean-up of the surrounding area of Graceland that EPE plans on doing that maybe Vernon's house will be included? I think there might be a lot of complaints by the fans and even the city if it weren't?

Diane

[MissyM]

Then why does it say this? It does make a provision for the selling of the estate and the profits to be divided amoung the beneficiaries. They in essence are owners of that trust. I don't think the provision would be in there had the possiblity not been entertained. It happens often. But my understanding it that it was at the disgression of the executors and trustees. What is meant by the transfer of immovable???
I guess I must be weird cause I do think that Vernon's will is of interest. It is what brought about EPE. And Priscilla being so involved. I'm not getting into an arguement over that. It's a legal curiostiy thing to me.

If I am the owner of any real estate at the time of my death, I
instruct and empower my Executor and my Trustee (as the case may
be) to hold such real estate for investment, or to sell same, or
any portion therof, as my Executor or my Trustee (as the case
may be) shall in his sole judgment determine to be for the best
interest of my estate and the beneficiaries thereof.

[ehollier]

Then why does it say this? It does make a provision for the selling of the estate and the profits to be divided amoung the beneficiaries. They in essence are owners of that trust. I don't think the provision would be in there had the possiblity not been entertained. It happens often. But my understanding it that it was at the disgression of the executors and trustees. What is meant by the transfer of immovable???
I guess I must be weird cause I do think that Vernon's will is of interest. It is what brought about EPE. And Priscilla being so involved. I'm not getting into an arguement over that. It's a legal curiostiy thing to me.

If I am the owner of any real estate at the time of my death, I
instruct and empower my Executor and my Trustee (as the case may
be) to hold such real estate for investment, or to sell same, or
any portion therof, as my Executor or my Trustee (as the case
may be) shall in his sole judgment determine to be for the best
interest of my estate and the beneficiaries thereof.

Immovable property is any property that cannot be moved which is usually considered any land titled in your name (i.e. you and husband buy a house -- this is considered immovable) Unlike a car, trailer, or like item, immovable property cannot be relocated. Further, when a person dies, a succession is necessary to transfer ownership of this property. Anytime a person purchases a parcel of land, some document (Cash Sale, Act of Donation, Judgment of Possession (which is what you have in a succession) is created to convey the ownership of said property to new owners, and it is recorded in the parish or county records where that land is located. When it is sold or transfered by donation, succession, sale, judgment or otherwise, then a new conveyance document is recorded -- to put on notice any all other parties. Basically, anyone can find out if you own property, how much you paid for that property, when you bought that property, etc. All of it is public record.

MissyM, there is nothing weird about being interested in Vernon's will. I am only speculating when I say that Vernon may not have had any immovable property when he died or money b/c he was living as a beneficiary of the trust.

As far as the will making a provision for the selling of the estate and the profits to be divided amoung the beneficiaries." -- this is so the Trustees would have some legal leeway to administer the estate, especially since the trust was created for the FUTURE needs of those who benefited from the trust. When a person dies, before anyone is allowed any financial benefit of the estate, all debts owed at the time of death have to be paid - all living expenses, attorney's fees, funeral expenses, outstanding mortgages, promissory notes, etc. If they are not or cannot be paid, the estate can be liquidiated to satisfy these debts - whether it be selling (in Elvis' case) cars, personal items, immovable property - so that whatever debts of his estate can be satisfied and the property can transfer ownership.

This phrase "to hold such real estate for investment, or to sell same, or any portion therof, as my Executor or my Trustee (as the case may be) shall in his sole judgment determine to be for the best interest of my estate and the beneficiaries thereof" does mean that the Trustee can immediately divest itself of the immovables UNLESS it is in the best intererest of the estate.

Insorfar as the question of beneficiaries, there is no doubt that he intended Lisa Marie to be the sole beneficiary, as we discussed yesterday. Vernon and Minnie Mae were to be taken care of by the Trust and when they died, then any remaining money, property, etc. was to be left in the trust until Lisa Marie turned 25.

[MissyM]

Interesting and I appreciate the information. But I still don't see how he meant for Lisa to be the sole beneficiary. Why not just name her then??? So I am assuming that Vernon never "owned" Graceland but since Priscilla had a lean against it for the last part of the settlement, that if it had been sold, that her payment would have come right off the top of the profits?

[TotallyInsane]

He was providing for Vernon, Minnie Mae and Lisa until Vernon and Minnie May passed away. No, Vernon never owned Graceland. Yes, if the house had been sold before the lien was payed off - Priscilla would have gotten the money off the top.

[ehollier]

Interesting and I appreciate the information. But I still don't see how he meant for Lisa to be the sole beneficiary. Why not just name her then??? So I am assuming that Vernon never "owned" Graceland but since Priscilla had a lean against it for the last part of the settlement, that if it had been sold, that her payment would have come right off the top of the profits?

Elvis did mean for Lisa Marie to be the sole beneficiary of his estate, but he also provided in his will that if he remarried and fathered other children in the confines of wedlock (i.e. legal children), then that child and/or children would also be the beneficiaries of and provided for from the trust. But a minor (a person under the age of 18 or 21 depending on the state) cannot receive any property - movable or immovable - or enter into any contracts so a Trustee is named to make decisions in the best interest of that minor. 99% of cases such as these, the surviving parent is named as the Trustee. Who better would know what is best for the child but the surviving parent, in this case, Lisa's mother??

As far as Vernon's ownership of Graceland - when it was originally purchased as a gift for his mother, Elvis provided the money for the purchase, but it was titled in Vernon and Gladys' name, and until Elvis returned in the 60's, and Vernon remarried, it was then that he had the title of Graceland changed to reflect that he was the sole owner.

And yes, Priscilla's outstanding debt of her divorce settlement would constitute an outstanding debt of the estate which needed to be satisfied. Further, when you settle property acquired during a marriage (we call it Community Property), the document dividing the property is also a conveyance document b/c it conveys to each party property (movable and immovable) that was owned jointly in a marriage to owned separately after the marriage is dissolved. So, the public records would reflect that she was entitled to her remaining, unpaid settlement. She doesn't get "it off the top of the profits" b/c she's classified as a debt. Her debt gets paid with the other attorney's fees, funeral expenses, medical expenses - any expenses due at the time of Elvis' death. The "profits" go into the trust to be used by Vernon and Minnie Mae and Lisa Marie.

[ehollier]

He was providing for Vernon, Minnie Mae and Lisa until Vernon and Minnie May passed away. No, Vernon never owned Graceland. Yes, if the house had been sold before the lien was payed off - Priscilla would have gotten the money off the top.

No, Priscilla's debt to the estate was just that - a debt just was the outstanding mortgage, funeral expenses, medicals, etc. When debts are paid in cases like this, they are paid in order of when they were filed and recorded. (I. E. If the property settlement was filed Nov. 1, 1973 and a mortgage on GL was filed on Nov. 1, 1976, then the property settlement is paid first.) It is this prime example as why conveyance documents and legal mortgages are filed as public record.

[TotallyInsane]

Had the house been sold, there would have been enough money to pay off all debts, including Priscilla. That's all I was saying.

[ehollier]

Had the house been sold, there would have been enough money to pay off all debts, including Priscilla. That's all I was saying.

Yes, that's correct. But the order of the outstanding legal mortgages, which is sometimes referred to as 'ranking', is how the debts are satisfied.

[KPM]

Then why does it say this? It does make a provision for the selling of the estate and the profits to be divided amoung the beneficiaries. They in essence are owners of that trust. I don't think the provision would be in there had the possiblity not been entertained. It happens often. But my understanding it that it was at the disgression of the executors and trustees. What is meant by the transfer of immovable???
I guess I must be weird cause I do think that Vernon's will is of interest. It is what brought about EPE. And Priscilla being so involved. I'm not getting into an arguement over that. It's a legal curiostiy thing to me.

If I am the owner of any real estate at the time of my death, I
instruct and empower my Executor and my Trustee (as the case may
be) to hold such real estate for investment, or to sell same, or
any portion therof, as my Executor or my Trustee (as the case
may be) shall in his sole judgment determine to be for the best
interest of my estate and the beneficiaries thereof.
Vernon was not the owner of this estate-he was included in the trust-until his death for his basic welfare...thats why the trust written as it is.
If Vernon and the trustees had decided that everything would have to be sold-the money would have still gone into the trust (after expenses of selling it all) the trust still would only take care of his and Minnies general welfare as long as they lived. There is no provision which says after Vernon and Minnie died they have the right to pass on their interests in the trust to anyone-that is specific. Their interests end when they die.
If the intent was to totally divide the estate into 3 equal portions there would never have been a "trust" set up in the form it was.
If that was thei intent It would have either went into a very detailed list of who was to get what on a personal level-then the real estate, cash, income derived from Elvis's films, records etc would have been in somehow divided into 3rds-or would have been specifically divided by person- example Vernon gets the house-Lisa all future royaltees on films, Minnie record royaltees....however. It just was not set up to divide anything to Vernon or Minnie or anyone else beyond their death.
The only provision for eventually dissolving the trust and dividing it up to anyone was for lawful children-Lisa had been deemed the only lawful child.

[MissyM]

Got it. So without a provision to acutally divide the trust then it was never meant to be. That makes sense.
Now this is asking for only an opinion because you seem to know a lot about this. Do you think that the part lawful meant children born into a marriage of his to another women?

[ehollier]

Got it. So without a provision to acutally divide the trust then it was never meant to be. That makes sense.
Now this is asking for only an opinion because you seem to know a lot about this. Do you think that the part lawful meant children born into a marriage of his to another women?

The term "legal children" is specifically defined as "being a child born as a result of and in a legal marriage." Any children that were born of anyone else would not qualify as a legal child, and as far as anyone knows, there was never any other child that were ever recognized as his biological children when he was alive.

[TotallyInsane]

I think what she was asking if this was meant to say if he had married again and had more children. I think the answer to that is yes. Had he married anyone else and had children - they would have been included just as Lisa Marie was.

[ehollier]

I think what she was asking if this was meant to say if he had married again and had more children. I think the answer to that is yes. Had he married anyone else and had children - they would have been included just as Lisa Marie was.

Yes, the will includes specific language for any additional children born of any future marriages of Elvis.

[KPM]

The term "legal children" is specifically defined as "being a child born as a result of and in a legal marriage." Any children that were born of anyone else would not qualify as a legal child, and as far as anyone knows, there was never any other child that were ever recognized as his biological children when he was alive.
Right on the button(y)

[Unchained Melody]

Hmm just odd that all these years, and with the internet, I'm not sure anyone has seen a copy of his?????

Agreed Missy is a little odd.:hmm:

[SweetCaroline]

Here we go Elizabeth....admire this beauty.;);)

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:blink::blink::blink:

[utmom2008]

Here ya go Diane........in the top right hand corner is the tip of the roof of the barn at GL.

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[Unchained Melody]

Those are some interesting photo's of the house thank you for sharing.

Sad to see it going to waste like that...but that's life.

[Stryx]

Passed Dolan last week and it is looking a state.

Its not great inside either, last August it was pretty bad and hot - the air con had broken.

Although the people who have had were working on restoring the jacquzzi in Vernons bedroom.

I think Dolan is going to be a long project.

On the other hand Audbourn Drive is looking great on the outside - the gate could do with some paint, but the house and garden look fab.

[Unchained Melody]

Passed Dolan last week and it is looking a state.

Its not great inside either, last August it was pretty bad and hot - the air con had broken.

Although the people who have had were working on restoring the jacquzzi in Vernons bedroom.

I think Dolan is going to be a long project.

On the other hand Audbourn Drive is looking great on the outside - the gate could do with some paint, but the house and garden look fab.

Thanks for the news pal (y)

I really hope they get this place restored. And you are Audbourn Drive does look really good :D

[Stryx]

Thanks for the news pal (y)

I really hope they get this place restored. And you are Audbourn Drive does look really good :D

It would be great to see it restored properly.

Anyone know whats happening with Audbourn? Are they going to open it up?

[Unchained Melody]

A quick question, is Audbourn drive far from Graceland :hmm:

[Stryx]

No its only about 15mins max.

All you can do is look from the outside though.

The house has on the outside been restored to way it was when Elvis was in it.

Painted a greenish colour and the shades have the P in the centre of them for Presley.

The gates, wall and iron fencing around the property are all the originals that Elvis installed.

[Unchained Melody]

No its only about 15mins max.

All you can do is look from the outside though.

The house has on the outside been restored to way it was when Elvis was in it.

Painted a greenish colour and the shades have the P in the centre of them for Presley.

The gates, wall and iron fencing around the property are all the originals that Elvis installed.

Very interesting.

So is anyone currently living their and do you know the future plans EPE or whoever has planned for the house :hmm:

[Stryx]

It was bought by someone who has a record label in Nashville - can't remember the name.

They have donated to a college - to the music dept.

They told the former owners they would restore the house inside and outside.

It is restored outside - although the pool Elvis installed has been removed.

It was too much of an insurance problem for a school to have it and it used leak a lot - it gave Vernon a headache it leaked so much and thats party why a smaller pool was installed by the Presley's at Graceland.

The pool at Audbourn was actually bigger.

EPE have always kept their distance from Audbourn and showed no interest in purchasing the house when it was being sold recently.

The inside is supposed to be restored to the way it was while Elvis lived at the home.

As of yet I have not heard anything about opening it up to the public though, but on the outside the house is looking really really great.

Best ive seen it look.

[Unchained Melody]

Well I've seen photo's of the house today and it does indeed look very well for the time its been there.

Wonder why EPE have not shown any interest whatsoever in buying the house ? They could buy it of course they have the money, I doubt it would make a big tourist attraction but I am sure it would do well.

[Stryx]

I think that because its in a residential area it would cause problems if it was open to the public all year round.

Elvis moved due to the fuss his neighbours kicked up with the fans being at the property.

[Unchained Melody]

I think that because its in a residential area it would cause problems if it was open to the public all year round.

Elvis moved due to the fuss his neighbours kicked up with the fans being at the property.

Good points. Still would be nice if they would buy it and keep it preserved, don't mean they have to give tours etc like @ Graceland for instance.

[Stryx]

It would be great but I don't think Elvi$ Pre$ley Enterpri$e$ are interested in something that will cost them money.(n) Regardless of the historical value of the property.

[Unchained Melody]

It would be great but I don't think Elvi$ Pre$ley Enterpri$e$ are interested in something that will cost them money.(n) Regardless of the historical value of the property.

And thats whats so sad.

[MissyM]

Well they didn't buy the Circle G someone else did right. But yet EPE was having a hissy for them using Elvis's name to promote it. Let me see if I can find the article on this.

[Stryx]

Yeah - but Elvis's name is copyrighted as is his image name and likeness.

EPE were perfectly right to kick up about someone using his name to promote a venture that they hoped to make a profit from.