Pending legal disputes between a mother and son over an inheritance from the Cargill fortune offers some insight into how complicated litigation surrounding distribution of assets for an estate can become.

At issue is a $250 million trust fund said to be left to a son by his father. The money is part of the fortune accumulated by the Cargill and MacMillan families from the formation in 1860 of Cargill, now the largest privately held corporation in the United States with income that exceeded $4 billion in fiscal year 2011 alone.

The son has sued his mother, claiming that she created a phony email address strikingly similar to the email address of his attorney to divert funds from his trust. The son claims his mother successfully diverted some $3 million.

On the day that the lawsuit was filed in Colorado, the mother filed an emergency petition in Florida for guardianship of her son, presumably on the basis of the son's acknowledged dependency on oxycodone. A Florida court granted the mother guardianship of her son in July, which presents a conflict of interest since the ruling allows her to defend against lawsuits.

Meanwhile, the son's attorney has moved the court to appoint a separate guardian for the purposes of the pending litigation against the mother. The attorney argues that the appointment is necessary to prevent the mother from using her guardianship powers to dismiss a lawsuit pending against her. The court has indicated it will need to await the outcome of the guardianship proceedings in Florida before a guardian can be appointed in the Colorado case.

While the outcome of the case remains unknown, the dispute itself is a reminder of the absolute necessity for estate planning that takes into consideration potential problems in the future. While it is never possible to predict what the future will hold, plans may be made to ensure that the distribution of assets is done appropriately.

Source: Aspen Daily News, "Mother in Cargill heir lawsuit wants allegations stricken," Chad Abraham, Nov. 28, 2011