The Dead HandThe Dead Hand
“Dead hand” is the English translation of the Latin term “mortmain,” which the law dictionary defines as “the influence of the past regarded as controlling the present.” For Rachel Gold, a more accurate term would be “zombies.” In particular, the wealthy zombies who seek to control the living—and especially their families—from the grave through legal documents prepared before they died.In The Dead Hand, Rachel represents two women—one a widow, one a divorcee—in a pair of nasty zombie lawsuits, the outcome of each of which hinges upon a clause in a dead man’s document.Rachel’s client Cyndi Mulligan is the young trophy widow of the late Bert Mulligan, a billionaire entrepreneur whose last will and testament left his estate to Cyndi’s daughter. The challenge comes from Bert’s angry first wife and her angrier only son. Their claim: Cyndi’s daughter—born eleven months after Bert’s death—cannot possibly be Bert’s child.Rachel’s other client is Marsha Knight, the ex-wife of the wealthy founder of a women’s lingerie manufacturer. She’s been sued by his widow, who seeks to invalidate Marsha’s divorce settlement and, in the process, impoverish her through invocation of the ancient and nearly inscrutable Rule against Perpetuities.As the trial date approaches in each lawsuit, the threats to Rachel and her two clients begin to escalate. Zombies, as Rachel discovers, are hard to kill, and so are their lawsuits.
St Louis lawyer Rachel Gold deals with many a family drama, mostly of the dysfunctional variety. Divorce. Paternity. And death. Occasionally, all three combine into a "dead hand" trifecta, where the deceased seeks to control the living—and especially his descendants—from beyond the grave.
Rachel calls them "zombies." The legal term for such inheritance plans is "the dead hand," the English translation of the Old French term "mortmain." The term refers to the attempt by wealthy individuals to exert perpetual ownership over property (and future generations) through legal documents prepared before they die. But not even the most obsessed tycoon or his skilled attorneys can foresee every future contingency. To quote the old Yiddish maxim, "Man plans, and God laughs." And angry descendants sue.
It's so true. Rachel suddenly finds herself representing two women—one a young widow, one an older divorcee—in a pair of nasty zombie cases where the outcome of each hinges upon a clause in a contested estate plan.
Client Cyndi Mulligan is the trophy widow of the late Bert Mulligan, a billionaire entrepreneur whose last will and testament left his estate to Cyndi's unborn daughter. The challenge comes from Bert's angry first wife and her angrier only son. Their claim: Cyndi's daughter—born eleven months after Bert's death—cannot possibly be Bert's child.
In the other case, Rachel represents Marsha Knight, the first wife of the wealthy founder of a women's lingerie manufacturer. Marsha has been sued by his young widow, who seeks to invalidate Marsha's divorce settlement and, in the process, impoverish her through invocation of the ancient and nearly inscrutable Rule Against Perpetuities.
As the trial date approaches in each lawsuit, the threats to Rachel and her two clients begin to escalate. Zombies, as Rachel discovers, are hard to kill. And even worse, they can still kill—and where least expected.
The Dead Hand is written with the verve, humor, and legal smarts that are trademark Michael Kahn.
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- Scottsdale, AZ : Poisoned Pen Press, 2016., ©2016
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