Shawna A. Brown, Counsel in our Elder Law Practice Group, examines the unfolding estate dispute of Zappos founder Tony Hsieh and the important estate planning lessons families can take away from it.
A Fortune Complicated by a Missing Will
The facts surrounding the Estate of Tony Hsieh, the visionary entrepreneur who sold Zappos to Amazon for over $1 billion, highlight the importance of proper will storage and estate administration. When Hsieh passed away in 2020, no will was located, meaning he was believed to have died intestate. Under intestacy, assets are distributed according to state law rather than the individual’s personal wishes expressed in a will. A court appointed Hsieh’s father as administrator of his estate.
Five years later, Hsieh’s original will was discovered among the belongings of a man he had provided it to for safekeeping. That individual had developed dementia, was unaware of Hsieh’s passing and eventually died. His grandson uncovered the will, which provided instructions for the distribution of Hsieh’s estate. A legal dispute is now underway to remove Hsieh’s father as administrator and enforce the terms of the newly found will. The case demonstrates how easily even a well-planned estate can become complicated when a will is misplaced or inaccessible.
Lesson One: Proper Will Storage Is Essential
Even the most carefully drafted will cannot protect your estate if it can’t be found. Secure and accessible storage is critical to ensure that your final wishes are carried out as intended.
Good storage options include:
- Your attorney’s will vault. Many law firms, including Mandelbaum Barrett PC, maintain fireproof vaults to safeguard clients’ original wills and keep a record of what’s stored.
- A fireproof home safe. If kept at home, store the will in a fireproof and waterproof container, and avoid locations like basements or those prone to flood, fire or other damage.
- Trusted access. Make sure your executor or another trusted individual knows where the will is stored and how to access it when the time comes.
- Safe deposit box. This is not a good place to store your will. This is because upon your death, your executor will not be able to access a box in your name without court intervention.
Lesson Two: When a Will Is Found Later
If a will is discovered after someone’s death, it is not necessarily too late to act. The document can still be submitted to the court for probate, though the process may be complicated and costly.
Courts will assess whether the will is valid and whether the estate needs to be reopened. The longer the delay or the more unusual the circumstances (such as the discovery of Tony Hsieh’s will years later) the greater the chance of dispute among heirs and beneficiaries.
Planning for Certainty and Peace of Mind
Tony Hsieh’s case underscores that estate planning is not just about drafting documents—it’s about ensuring those documents are accessible and enforceable. Whether your estate is modest or substantial, proper planning can prevent confusion, delay, and unnecessary legal conflict.
Our Elder Law team helps clients prepare, protect, and preserve their estate plans so that their legacies are honored exactly as intended.
Watch the full YouTube video here.