Holographic Tattoos

Author Steig Larsson lived and died a modest journalist, but left his heirs with the “Millennium trilogy” including the immensely popular novel “The Girl With the Dragon Tattoo.” Like many ordinary people, Larsson’s parting gift also included a do-it-yourself estate plan which has mired his legacy in an acrimonious eight-year probate dispute with no end in sight.

Many readers who were entranced with Steig Larsson’s Millennium trilogy, including “The Girl With the Dragon Tattoo, ” lament the early death of Larsson and the characters he created; namely, Mikael Blomkvist and Lisbeth Salander, “the girl.” After all, it seems like the girl has unfinished business. Larsson’s eager fans are frustrated by reports that most of a fourth Millennium novel is locked in a bitter estate dispute between Larsson’s father, brother, and his live-in companion of 30 years, Eva Gabrielsson. If Larsson’s fans are frustrated, they should walk a mile in Gabrielsson’s grief-stricken shoes. Although some people believe Gabrielsson wrote the Millennium trilogy, and others believe she inspired Salander’s character and is the herself “the girl, ” Gabrielsson is reportedly entitled to nothing in Larsson’s estate.

The most striking part of this story is that it is not unique at all. Even the part where Larsson died suddenly at age 50 is not shocking—until the poor journalist’s three novels were published posthumously and raked in millions of dollars. But even without millions of dollars (or Swedish kronors) to fight over, families often become embittered over trifles when loved ones pass away. In fact, Larsson’s loved ones claim that their feud is not even about money.

The cynic might not believe this assertion, but the loved ones of rich and poor alike invariably fight about who knew the decedent better, and who was best situated to effectuate his wishes. “I knew him best. I loved him the most, and he loved me far greater than you, ” is a common theme. Old wounds are reopened and now fester on a public stage, infected by an impersonal process that seems completely detached from the dearly departed and instead focuses on dividing money and property. The initial fight is usually over control of the estate, but it is rooted in grievances as old as the heirs themselves. A war chest just happens to enable a more protracted fight.

Aside from the posthumous fame and fortune wrought by the Millennium series, Larsson’s story is not unique from that of many probate clients in Minnesota. First, Larsson died without a will. According to the New York Times, he left a letter he wrote in 1977 (in which he gave his entire estate to the Socialist Party in Umea) and sealed in an envelope marked: “Contains my will. Do not open before I die.” That letter was reportedly not witnessed and has no legal validity in Larsson’s home jurisdiction in Sweden.

Likewise, if Larsson had been a Minnesota resident when he died, his do-it-yourself will would be invalid under the Minnesota Uniform Probate Code, Minn. Stat. § 524.1-101, et seq. In Minnesota, a valid will must be (1) written, (2) signed by the testator (person making the will), or a person directed by and in the presence of the testator, or a court-ordered conservator, and (3) witnessed and signed by at least two witnesses. Minn. Stat. § 524.2-502. Larsson’s unwitnessed letter would have no effect in Minnesota. Many states recognize handwritten wills that are signed only by the testator and no witnesses. So-called “holographic wills” are not valid in Minnesota, so even if Larsson had written his will by hand, the document would not be probated. Instead, the probate court would determine that Larsson died “intestate, ” without a will.

Just like Larsson’s homeland in Sweden, in Minnesota our government would determine how Larsson’s property was administered and distributed. With no valid will, Minnesota’s laws of intestate succession (Minn. Stat. § 524.2-101, et seq.) would apply to determine who inherited Larsson’s estate. Furthermore, a member of our third branch of government—the Judicial Branch—would determine who controlled that process as the personal representative.

For those who believe that the legal result in Larsson’s estate is a quirk of Swedish law, note that the result would be the same in many American states. Larsson and Gabrielsson lived together for decades but, like many contemporary Americans, did not get married. Also like Larsson’s home jurisdiction, Minnesota does not recognize common law marriage, so Larsson’s 30-plus-year companion and life partner would get nothing in Minnesota. With no spouse, children, or surviving mother, Larsson’s entire estate—including the Millennium series with the yet-unpublished fourth novel—would pass to his reportedly estranged father. See § 524.2-103(2).

Much like the result in Sweden, Larsson’s father, brother, and life partner would almost certainly become embroiled in a bitter estate dispute. All would lose. In the end, people would decry the government for not creating a better system to achieve a better result. The problem is that the government cannot create a one-size-fits-all, default estate plan for every individual and family. The government cannot legislate us out of everyday travesties like the Larsson estate without creating extraordinary injustices for other families. Lawyers would also be blamed, but lawyers are merely agents engaged as instruments to obtain their clients’ needs and desires.

The plight of families like the Larssons is best avoided by the Larssons themselves, who are at liberty to review their goals, values, and current plan (whether it is the government’s plan or otherwise), and make personal adjustments as necessary. The best time to do so is while the individual is alive.

This article provides a comparative analysis of Minnesota law applied to the estate of a well-known Swedish novelist. Mr. Hartmann practices estate planning, probate, and business law in Minnesota and the U.S. District Court in the District of Minnesota. Mr. Hartmann is not licensed to practice law in Sweden. This blog entry does not constitute legal advice and does not create an attorney-client relationship; it is merely an example to provide some legal education and provides NO legal advice. Each case is fact-specific and requires its own unique solution and relief. It is strongly recommended that you seek the advice of a qualified attorney to help you with any questions you have.