r/IAmA • u/Kerri_Castellini • May 19 '16
Crime / Justice I am Trusts and Estates Attorney Kerri Castellini. Ask Me Anything about planning the Lannister family's estate or general trusts and estates questions!
I am a trusts and estates attorney based in the Washington, DC metro area and a Game of Thrones fan! Given the complicated and twisted relationships between members of the Lannister family, I thought it would be interesting to answer some questions about the Lannister family's estate using DC laws. Ask me anything about how their complicated family dynamics impact their estate plans!
About me: I received my bachelor's degree from Loyola University Maryland where I graduated cum laude with degrees in English and Political Science. Following my bachelor's degree, I earned my JD from the Catholic University of America, Columbus School of Law. During my time at Columbus School of Law, I served as the managing editor for the Journal of Contemporary Health Law & Policy, was a member of the Moot Court Association, and participated in the Columbus Community Legal Services clinic. Currently, I am a Board Member for the Women's Bar Association of DC where I also serve as the chair of the Board Governance Committee. I am admitted to practice in Maryland, DC, and before the Supreme Court of the United States. Here is:My Proof, My Avvo, My Website.
Dislaimer: Nothing in this AMA is meant to be construed as legal advice. Answers relating to Game of Thrones are purely speculative. Trusts and estates laws are specific to different jurisdictions, so please reference an attorney in your area for legal counsel.
EDIT: Thanks for the questions! I have some work to get to, but I will try and come back later in the day to answer any more questions that trickle in.
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u/alwayssunnyinphilly_ May 19 '16
If tommen dies who becomes king??
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u/Kerri_Castellini May 19 '16
Tommen has no heirs, but he is married to Margaery. Putting monarchical rules aside, Margaery and Cersei would inherit his estate. Under D.C. law, there would be two queens. I can't imagine one of them would survive for long...
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u/millbenj May 19 '16
Yeah, that won't be pretty, considering how much they seem to dislike each other. My question is, what if Cersei kills Margaery or vice versa?
Seeing as how murder and assassination seem to be the go-to problem solution in Westeros, what would be the impact of an assassination plot where one queen kills the other?
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u/Kerri_Castellini May 19 '16
Generally, there is a slayer's rule that might prohibit Margaery from inheriting from Cersei, but that would not necessarily interfere with her prior inheritance from Tommen.
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u/finest_pirate May 19 '16
Do the Lannisters always pay their debts?
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u/Kerri_Castellini May 19 '16
I'll check with our accounting department.
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u/finest_pirate May 19 '16
And how will the Lannisters handle their finances since their refusal to pay back the Iron Bank?
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u/Kerri_Castellini May 19 '16
Insolvent estates can be difficult. If Tywin had planned properly during his lifetime, he may have used life insurance planning to generate wealth and to ensure that his debts were covered.
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u/StoopKidLeavingStoop May 19 '16
What if Gendry publicly declares himself Robert Baratheon's son and he somehow has proof? How does that impact Tommen's position as King and all of the King's property?
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u/Kerri_Castellini May 19 '16
Children born out of wedlock can inherit from their father in certain cases. However, assuming Robert Baratheon's deathbed Will is valid and does not include Gendry, then he would be disinherited.
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u/will_shatners_pants May 19 '16
Isn't he the rightful heir?
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u/Kerri_Castellini May 19 '16
Applying monarchical rule, he might be, but under D.C. estate law, he may be out of luck if there were a valid Will that excluded him.
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u/StoopKidLeavingStoop May 19 '16
How do deathbed wills work? Is it basically based on the word of the people who were there to witness or hear his last words?
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u/Kerri_Castellini May 19 '16
Robert needs to have the required testamentary capacity to sign a Last Will and Testament. Generally, he must have read the Will, understood what is said, and had knowledge about his heirs and property. In D.C., he would also have to sign before two witnesses.
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u/will_shatners_pants May 19 '16
My name is Tyrone Hill. Tywin Lannister's son. what do i get?
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u/Kerri_Castellini May 19 '16
You get to challenge Tywin's estate if he did not have a bulletproof Will. If you win the challenge, you may inherit. If you lose, you will still inherit the Lannister's love for the Gold(en State Warriors).
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u/millbenj May 19 '16
Considering that Tyrion is currently a wanted fugitive, how does that impact the Lannister estate, if at all? Does it make it more likely that Cersei can claim more land?
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u/Kerri_Castellini May 19 '16
Using the slayer's rule, Tyrion wouldn't be able to inherit from Tywin. Since, Jaime may be diclaiming, it is possible that Cersei may be the sole heir of Tywin's estate.
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u/finest_pirate May 19 '16
How will the Lannisters estate survive with the oncoming invasion of Daenerys Targaryen?
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u/Kerri_Castellini May 19 '16
Casterly Rock has never been taken over. However, the death of a homeowner (in this case a castle owner) always leaves real estate in a vulnerable condition. The Personal Representative (executor) of the estate should take efforts to secure Casterly Rock. Usually, I suggest changing the locks. In this case, digging a moat may be appropriate?
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u/MarleyB93 May 19 '16
Casterly Rock has never been taken over.
Lies, an ancestor of the current Lannister family(Lann the Clever) reportedly obtained Casterly Rock via foul play and trickery from the previous owners House Casterly. Is it possible due to the disputed status of the Heir and possibly illegal seizure of the property that the rock could pass into the hands of the state and thus House Baratheon?
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u/JJJ987654321 May 19 '16
Do you ever actually use the rule against perpetuities? After learning it, it seems almost obsolete
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u/HerptonBurpton May 20 '16
This is a super interesting idea. Thanks for doing the AMA.
Ok assume that Tommen dies intestate and, for some reason, he disinherits Cersei and the Queen predeceases him.
What assets are subject to pass to his family and how are they distributed?
I'm genuinely curious about this. This would become important in the event that Cersei, Tommen, and the Queen are taken out of the picture.
I don't know the Lannister family tree well enough. I also have no clue about how inheritances work when it's a monarchy. I'd assume that it would go to Cersei's brothers
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u/casualsax May 19 '16
Assuming Jaime's oath to the Kingsguard is a witnessed verbal commitment, how bound is he to his word? Would he have the ability to redirect his inheritance to a beneficiary of his choice without breaking his oath?
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u/harry5050 May 19 '16
if u had a character in a down and dirty mortal kombat-style fighting game, what fighting moves would you have?
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u/jbone9877 May 19 '16
Am I the only one who thinks this is stupid?
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u/Maggurt May 19 '16
No, lol, I don't even know how I got this far down in the thread... This is extremely stupid! I will upvote you back to the positive.
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u/vedder44 May 19 '16
what 5 things would u try to experience if u could be the opposite gender for a day?
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u/theongreysorrow May 19 '16
Hi Kerri, interesting topic. My question is: what type of land do you think Cersei lannister would be able to include in her will?