The untimely death of rapper Takeoff, a member of the Grammy-nominated hip-hop trio Migos—also consisting of rappers Quavo and Offset—left fans, family, and the music industry in shock. Born Kirshnik Khari Ball, Takeoff’s death at the young age of 28 was not just a tragic loss of a talented artist but also highlighted a significant issue that many young adults overlook: Estate Planning.

Takeoff’s Untimely Death & the Consequences of Dying Young and Intestate

Takeoff was shot and killed at a bowling alley in Houston, Texas on November 1, 2022.¹ His untimely passing serves as a stark reminder of life’s unpredictability and underscores the importance of being prepared for unforeseen events. Despite his success, Takeoff, a native of Atlanta, Georgia, died without a will, bringing attention to the consequences of dying intestate and the complications that arise when an estate plan is not in place​.

The lack of a will means that Takeoff’s $26 million estate, including his lucrative music catalog, residual income from record sales, property, vehicles, a wrongful death lawsuit,² and other assets, is subject to Georgia’s intestacy laws. Depending on the family structure, these laws typically distribute a deceased person’s assets among surviving family members, such as parents, siblings, or children. This process can be lengthy and may lead to disputes, particularly if there are disagreements among potential heirs or if the deceased has complex family dynamics​.

Family Dynamics and Legal Battles

Takeoff was primarily raised by his mother, Titania Davenport, in Atlanta, with little involvement from his father, Kenneth Ball. Titania played a crucial role in supporting Takeoff’s musical ambitions, alongside family members like Quavo and Offset, creating a strong bond and a close-knit family dynamic within the Migos group. Despite Kenneth Ball’s absence during Takeoff’s life, recent reports indicate that he has shown an interest in the legal proceedings related to Takeoff’s estate. This has raised concerns about his intentions and added complexity to the division of the estate.

Following Takeoff’s death, Titania became the administrator of his estate and is actively involved in managing his affairs, including a wrongful death lawsuit against the owners of the Houston bowling alley where Takeoff was killed. Georgia’s intestacy laws, which govern the distribution of an estate when someone dies without a will, typically divide assets equally between surviving parents, when a person passes away unmarried and childless. This means that despite Kenneth Ball’s lack of involvement in Takeoff’s upbringing, he will likely inherit half of Takeoff’s estate. The absence of a will has opened the door to potential legal disputes, highlighting the importance of proper estate planning to avoid such complications.

Without a clear estate plan, the distribution of Takeoff’s assets could lead to contentious court battles among various family members, including his father. Ensuring that you have a will in place guarantees that your wishes are respected and helps prevent family conflict, especially in situations where an estranged father, who neglected to support his child during their lifetime, might otherwise receive a substantial inheritance.

Disqualification of Parent from Inheriting from a Deceased Child

In Georgia, a parent can be disqualified from inheriting from a child’s estate if they have abandoned the child or failed to provide support.³ Abandonment involves the willful neglect of parental duties and the failure to support the child, both requiring a court’s legal determination based on the duration and extent of the parent’s neglect.⁴ Additionally, under Georgia’s Slayer Statute, a person is barred from inheriting if they are convicted of intentionally and feloniously causing the death of the deceased.⁵ Their share of the estate is treated as if they had predeceased the decedent, allowing it to pass to other eligible heirs.⁶ These statutes are designed to prevent individuals who have harmed or failed to support the decedent from benefiting from their estate.​

In contrast, in New York, a parent is disqualified from inheriting from a deceased child’s estate if they abandoned the child before the age of 21 and did not resume and continue a parental relationship through the child’s date of death.⁷ In the case of In re Estate of Pessoni,⁸ the court found that the decedent’s father, John Pessoni (“John”), abandoned the decedent, Jason Pessoni (“Jason”), from the time he was 15 years old until he died at the age of 30. Jason died intestate with personal property valued at $10,000 and a cause of action for conscious pain and suffering and wrongful death.⁹ Although John continued to pay child support throughout Jason’s childhood, he never saw or spoke to Jason for the 15 years preceding Jason’s death, with the exception of a few letters exchanged during Jason’s service in the Marine Corps.¹⁰ For these reasons, the court held that although John made child support payments pursuant to a court order, he otherwise neglected and abandoned his deceased child (Jason), and is therefore not entitled to inherit from the estate of that deceased child.¹¹

Much like Georgia, Florida and Texas can disqualify a parent from inheriting from a child’s estate through a court determination of abandonment and/or failure to support, or slayer statutes.¹² However, unlike New York, Georgia, Florida, and Texas do not statutorily disqualify parents from inheriting from a deceased child’s estate if they abandon the child, fail to support the child, or fail to maintain a parental relationship through the date of the child’s death.

The Importance of Estate Planning for Young Adults

The circumstances of Takeoff’s death, coupled with the reality that his estranged father stands to inherit half of his estate, underscore the critical importance of estate planning, no matter your age or sense of invincibility. Many young adults, particularly those in their twenties and thirties, often neglect the need for an estate plan, believing they have plenty of time to handle such matters. However, life is unpredictable, and failing to prepare can leave loved ones burdened with avoidable legal and financial difficulties.

Estate planning is essential for young adults because it ensures control over how assets are distributed, protects loved ones, and avoids family disputes by clearly outlining your wishes. It also helps minimize taxes and administrative expenses, preserving wealth for your intended beneficiaries. Additionally, estate planning allows you to designate who will make healthcare and end-of-life decisions if you become incapacitated, ensuring that your preferences are respected. This proactive preparation is crucial, especially if you have estranged family members like Takeoff and prefer that your assets be distributed to those who are involved in your life and rely on you for financial support.

Conclusion

Takeoff’s unexpected death highlights the fragility of life and the critical importance of being prepared for unforeseen circumstances. As a young adult, it’s essential to take proactive steps to protect your assets and ensure that your loved ones are cared for through comprehensive estate planning. By creating a tailored estate plan, you can safeguard your wishes and preserve your legacy, preventing complications and disputes that might arise from dying intestate.

At Fleurinord Law, we understand the unique challenges young adults face when it comes to estate planning. We’re here to guide you through the process, helping you create a plan that reflects your values and future goals. Whether you’re just starting your career, beginning a family, or growing your wealth, we can assist you in navigating the complexities of estate planning with clarity and confidence. It’s never too early to take steps to secure your future and ensure peace of mind for your loved ones.

¹ Jacob Rascon, Takeoff's death 1 year later: What we know about the suspect, ABC, Inc., KTRK-TV Houston, (Nov. 1, 2023), https://abc13.com/takeoff-migos-rapper-murder-death-anniversary/13998643/ (last visited August 7, 2024).

²Davenport v. 810 Houston LLC, No. 2023-35116 (80th Dist. Ct., Harris County, Tex. Jun. 7, 2023).

³Georgia Code § 53-2-1.

⁴Id.

⁵Id. § 53-1-5.

⁶ Id.

⁷N.Y. Est. Powers & Trusts Law § 4-1.1(a).

⁸In re Pessoni, 11 Misc.3d 245 (2005).

⁹Id.

¹⁰Id. at 246-247.

¹¹Id. at 247-250.

¹²Fla. Stat. § 732.802 (slayer statute); Fla. Stat. § 39.806 (termination of parental rights); Fla. Stat. § 63.172 (effect of adoption); Tex. Est. Code § 201.058 (slayer statute); Tex. Est. Code § 201.062 (probate court may disqualify parent); and Tex. Est. Code § 201.054 (adoption).