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Chasing Death, Stones, And Retirement: Avengers: Endgame, From A Trusts And Estates And Elder Law Perspective

Yes, there are spoilers.

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As a working mom running my own law firm I take my naps wherever and whenever I can get them. So when my 14 year old son asked me to go see Avengers: Endgame during his spring break, I jumped at the opportunity to take a 3 hour midday nap.

Although I am not a superhero movie fan, I was somewhat hopeful to catch some glimpses of the movie, for two reasons, both related to my practice of trusts and estates and elder law. Stan Lee, the creative genius behind Marvel Comics died in November 2018 and the last part of his life unfortunately served as its own study in guardianship, inheritance and elder law. Moreover, through my limited knowledge of the Marvel Universe I knew that in the comic series Guardians of the Galaxy, Thanos dies and his last will and testament is cut out of his heart to be read aloud and sparks conflict thereafter. It was the latter that inspired me to grab an extra-large diet coke so as not to be tempted to fall asleep and head into the theatre to try and appreciate the Marvel genius and also revel in some trusts and estates drama.

It became apparent pretty quickly that the Thanos will contest I hoped for was not part of the instant movie. Despite my slight disappointment, charged with a lot of caffeine and a packed audience of enthralled viewers, I avoided slumber and watched the film. And it was excellent and dramatic and emotional and very much centered around death. As my mind is constantly oriented to issues involving trusts and estates and elder law, I related to many of the issues raised by the lead characters.

The driving plot in Avengers: Endgame is the search and retrieval of the Infinity Stones, six magical gems situated throughout various time periods and spaces. Most of the movie details three Avengers teams searching for and obtaining, the stones which when all collected are enormously powerful and can be used for a host of purposes including destruction. I work a lot with individuals who are searching for jewels and other assets with the hope that they will bring power and happiness. In the film and in life, many suffer and even die, as this kind of quest ensues.

Thanos, ever present in Avengers: Endgame, often states his mantra: “I am inevitable.” For me, this monster and proclamation are metaphors for death. Death, like Thanos, is inevitable. This is often an idea I discuss with my clients as we prepare their estate plans. We know that eventually we each meet our end. By preparing necessary documents and discussing same with our family and friends, we are better prepared and our succession plans may be better executed. As Thanos turns to dust in Avengers: Endgame he too surely realizes the truth and gravity of such a proposition.

Following a violent and emotionally traumatic scene with Thanos, Iron Man, Tony Stark dies. His funeral, attended by a host of Marvel heroes was particularly interesting. During the gathering Stark appears as a hologram speaking to the crowd. He apparently scanned a message via his helmet to be played upon his passing. I appreciate Marvel’s carefulness in not referring to such a hologram or video as a last will and testament. Shortly thereafter Stark’s daughter, Morgan, is comforted by Happy. It is then that we realize that Pepper Potts is left to raise her by herself, albeit with the help of good friends, who promise Morgan cheeseburgers, a treat also enjoyed by her father. Potts should have a last will and testament appointing a guardian for Morgan, in the event, she also meets an untimely end. I am also interested as to whether Stark will return, à la Tupac or Roy Orbison as a celebrity hologram, and grace future Marvel films.

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I would be remiss if I did not note that Captain America’s transformation into an elderly Steve Rogers, was both endearing and haunting. Amidst the death, destruction and fighting, his calming demeanor at a seemingly advanced age reminds us of what is important in life. Again, as a practitioner I am compelled to wonder if senior citizen Steve has his estate plan in order, but I also am mesmerized as Steve’s final bucolic scene juxtaposes the drama of the previous section of the film.

Finally, I know just enough about Marvel movies to look out for the Stan Lee cameo. I spotted it as a young Lee drives in 1970’s New Jersey and shouts “Make Love Not War!” Given the long-reported issues involving Lee’s financial and estate management during the end of his life, his face, as a younger man, was a welcomed reminder of simpler times. Lee’s image, along with that of elderly Captain America and holographic Tony Stark exude a peace that we should all work to attain for ourselves and our families, when the inevitable occurs. Also, we should all heed Lee’s words, not just for our greater societies, but to our families, as well.

Abraham Bellino, contributed to this article in attempting to explain the Marvel Universe to his mother, the author.

Cori A. Robinson is a solo practitioner having founded Cori A. Robinson PLLC, a New York and New Jersey law firm, in 2017. For more than a decade Cori has focused her law practice on trusts and estates and elder law including estate and Medicaid planning, probate and administration, estate litigation, and guardianships. She can be reached at cori@robinsonestatelaw.com. 

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