Sponsored By

Philanthropy or Spite?Philanthropy or Spite?

The wild case of a $50 million donation that could be the largest in Panama’s history

+1
4 Min Read
Wealth Management logo in a gray background | Wealth Management

Sometimes, truth is far more entertaining than fiction. These days, we’re enjoying media reports on the outrageous case of the disposition of multi-millionaire Wilson “Chuck” Lucom’s estate—and his third wife’s challenge to it.

Chuck died in 2006 at the age of 88. Before his death, he was not known as a philanthropist. Indeed, according to his family, the only contribution to charity he made during his life was $100 to buy raffle tickets from a step-granddaughter.

Yet after his death, Chuck is responsible for what could be the largest charitable donation in Panama’s history. His will leaves as much as $50 million to poor children’s charities throughout that country. In his will, created in secret a year before his death, Chuck sets out a plan to fix the malnutrition problem of Panama’s children. He proposes that seeds be given to volunteers who agree to donate idle land; the harvests would go to hungry children.

Chuck also was not known for his love of children. He never had any of his own. And he apparently did not seem to care much for his third wife’s adult children.

According to Richard Lehman, Chuck’s Florida-based attorney and his designated executor, Chuck would joke and laugh about the reactions his family members would have when they saw his will. Lehman reportedly has said: “I don’t know if he was moved more by the disgust of his wife’s children or his concern for poor children. It was probably a mixture of both.”

In his 20s, Chuck served as an aide to secretary of state, Edward Stettinius Jr., under the democratic Franklin Delano Roosevelt administration. Later, he proved to be very conservative and funded anti-Communist groups. He helped create the watchdog group, Accuracy in Media.

Chuck also wasn’t afraid to voice far-reaching opinions, some of which may be seen as eccentric. For example, he strongly supported the proliferation of nuclear weapons as a way to correct the world’s problems. He also said that the key to catching Osama Bin Laden was to offer a large enough bounty for his capture. Chuck even considered donating his assets to create this large bounty.

Chuck accumulated his fortune through marriages. Much of it came when his second wife, Virginia Willys, died in 1981. Virginia was the daughter of an automotive tycoon from Ohio. Willys Jeeps were used throughout WWII because of the jeep’s capabilities to go off-road and its easy maintenance.

Chuck married his third and last wife, Hilda, a year after wife number two had died. In 1990, he sold his mansion in Palm Beach, Fla., for $14.3 million to a relative of the king of Saudi Arabia and moved to Panama.

Hilda is contesting Chuck’s will even though she’s slated to receive $240,000 a year for the rest of her life and apparently has no need even for that sum. Hilda is the independently wealthy head of the Arias family. The Ariases are members of Panama’s rabiblancos, or “white elite,” and have produced two presidents in Panama.

Chuck’s will did give one-time payments to Hilda’s children in sums ranging from $50,000 to $200,000.

Another $1 million was set-aside for the Mayo Clinic in Minnesota, where Chuck was treated for cancer.

But his largest asset—a 7,000 acre oceanfront ranch in Panama—is to be sold with the assets going to the poor. This last bequest is a slap in the face to Hilda and her children, as Chuck bought that ranch from the Arias family.

Chuck set up his $50 million trust for his children’s charity fund just days before he died. He’s sited it in St. Kitts and Nevis, a Caribbean tax haven where Chuck had obtained citizenship to avoid paying U.S. taxes.

Now, Hilda is disputing whether he was coherent when the trust was established; but, according to others who saw Chuck in his last days, he was.

A Florida court-appointed administrator did find that Chuck’s lawyer Lehman improperly dealt with some of Chuck’s Florida accounts and took $650,000 from the estate. Lehman says he used the money to hire attorneys to defend himself from criminal allegations in Panama.

In addition, the court criticized Lehman for not disclosing to the court that he owed Chuck $500,000 at the time of his death.

Criminal charges accused Lehman of causing Chuck’s death; the Arias family even claimed that he’d euthanized Chuck. According to a website that Lehman apparently maintains (www.lucomchildren.com), he was falsely charged in Panama with murder and more than a dozen other crimes. He also claims to have been held under armed guard for 15 hours in an airport police detention center even after the charges had been dropped.

Although there are no charges pending now, Lehman says he fears visiting Panama because other charges may be brought. He has countersued the Arias family, accusing them of using the family-run newspaper, El Panamá América, to libel him.

Two lower courts in Panama have upheld Chuck’s will. The case is currently in Panama’s Supreme Court system and a decision may not be made for months, possibly years.

NOTE: The facts in this article are compiled from a number of sources, including articles in The New York Times, Palm Beach Post, and The Independent.

About the Authors

John T. Brooks

Partner, Foley & Lardner LLP

http://www.foley.com/

John T. Brooks is a partner with Foley & Lardner LLP focusing his practice in the area of estate, trust and fiduciary litigation. He has been Peer Review Rated as AV® Preeminent™, the highest performance rating in Martindale-Hubbell's peer review rating system and was recently re-elected by his peers for inclusion in The Best Lawyers in America® 2007-2012 in the field of trusts and estates. He was also selected for inclusion in the 2005-2012 Illinois Super Lawyers® lists and Leading Lawyer in 2003-2009.*

Mr. Brooks began his legal career in estate planning and administration and subsequently transferred the substantive knowledge he acquired in those areas into a successful practice litigating contested estate and trust matters. His practice encompasses all aspects of estate and trust litigation including breach of fiduciary duty issues, judicial constructions of wills and trusts, will and trust contests, tax litigation, contested heirship, adoption and paternity issues, charitable pledge disputes, guardianship matters, estate planning malpractice, and wrongful death actions. He also handles appeals of these matters as well.

Mr. Brooks is a frequent speaker on topics related to estate and trust litigation and fiduciary risk management. He has lectured to the Chicago Bar Association, the Illinois Institute for Continuing Legal Education (IICLE), ALI-ABA, the Heckerling Institute, the American Bankers Association, Chicago Estate Planning Council and the Chicago Council on Planned Giving. Besides the numerous publications listed below, Mr. Brooks is the general editor of IICLE’s 2009 Handbook for Lawyers: Litigating Disputed Estates, Trusts, Guardianships and Charitable Bequests. He also authors a monthly e-mail newsletter for and serves on the Advisory Board to Trusts & Estates magazine.

Mr. Brooks' professional activities include membership in the Chicago Bar Association and the American College of Trust & Estate Counsel.

Mr. Brooks earned both his B.S. (business administration) and law degree (magna cum laude) from the University of Illinois. He is admitted to the bar in both Illinois and Florida and is admitted to practice before the U.S. District Court for the Northern District of Illinois. He represents individuals as well as banks and trust companies.

Samantha E. Weissbluth

Senior Counsel, Foley & Lardner LLP

Samantha E. Weissbluth is senior counsel at the Chicago office of Foley & Lardner LLP, concentrating her practice in the area of estate and trust litigation. Her practice encompasses all aspects of estate and trust litigation, including breach of fiduciary duty issues, judicial constructions of wills and trusts, will and trust contests, tax litigation, contested heirship, adoption and paternity issues, charitable pledge disputes, guardianship matters, estate planning malpractice, and wrongful-death actions. She also has significant experience in estate and trust administration and guardianship issues. She is a coauthor of two chapters in IICLE®’s ESTATE, TRUST, AND GUARDIANSHIP LITIGATION. She is also the editor of a quarterly Foley & Lardner LLP newsletter entitled Legal News: Estate and Trust Litigation. Ms. Weissbluth’s professional activities and affiliations include membership in the American, Illinois State, and Chicago Bar Associations and the Chicago Community Trust. She received both her B.A. and her J.D. from Northwestern University.

Ryan D. Gehrke

Associate, von Briesen & Roper s.c.

 

Ryan Gehrke is an associate with von Briesen & Roper s.c. focusing his practice in the areas of Litigation and Risk Management.  He focuses on a variety of litigation matters including environmental, insurance coverage, product liability, technology law, toxic tort and trademarks.

During law school, Ryan clerked for an AmLaw 50 law firm and a Fortune 100 corporation.  He received a CALI Excellence for the Future Award in Negotiating Business Transactions, was the Business Editor for the Marquette Intellectual Property Law Review and was the Founding President of the Professional Development Association.  Ryan also volunteered with Big Brothers Big Sisters of Metro Milwaukee.

Prior to earning his Bachelor’s degree, Ryan served in the United States Air Force as a loadmaster on the C-5 Galaxy. He was stationed at Travis AFB, CA and was assigned to the 22nd Airlift Squadron. While with the 22nd, Ryan received two Outstanding Unit Awards, was recognized as Airman of the Quarter twice, and was part of the Aircrew of the Quarter twice. He was also awarded Air Force Achievement, Aerial Achievement, Good Conduct and National Defense Medals. His time serving in the Middle East earned him the Armed Forces Expeditionary and Global War on Terrorism Medals. Ryan received the Humanitarian Medal after volunteering to help fly in supplies to Guam after a typhoon hit the island.

Ryan is a member of Disabled American Veterans, Veterans of Foreign Wars, the State Bar of Wisconsin and the Milwaukee Bar Association.

Ryan earned his B.S. from the University of Wisconsin – Madison and his law degree from Marquette University. He is admitted to the bar in Wisconsin and is admitted to practice before the U.S. District Court for the Eastern and Western Districts of Wisconsin