This is our last post about a dispute between the estate of Martin Luther King Jr. and a woman who was both his friend and his secretary. It is the kind of argument that often finds its way into probate court, because it all boils down to what Dr. King was thinking when he handed historically significant documents to his secretary and said, "This is for you."

If he had spelled out his wishes in an estate plan, there would probably be no dispute. But he didn't. Without a will, his children, who are managing his estate, have to make decisions about Dr. King's legacy based on their own instincts -- just as the woman the estate is suing has to follow her own understanding of events.

So a court will have to decide what Dr. King intended when he gave his friend or his secretary or his friend/secretary the documents in question. It would certainly be easier if he'd left a will or established a trust or even just written a note on a napkin -- "Here you go! I want you to have these letters and speeches, and I hereby cede all claims to them now and in the future; please consider them a gift(s)" -- a really big napkin, perhaps.

That's not what happened, though. The defendant, the woman's son, has filed a motion to dismiss. The estate says dismissal is inappropriate, because they haven't had a chance to depose the son yet. The court will review the evidence and determine how to proceed.

And then, perhaps, we can see the documents and have a greater appreciation for Dr. King's gifts to us all.

Source: Forbes, "MLK Heirs Challenge Gifts To His 86-Year-Old Former Secretary," Danielle and Andy Mayoras, Dec. 12, 2011