Eliza Presley Back In Court

Probate Lawyer Blog:  “We've written extensively about the efforts by Eliza Presley to prove that she is half-sister to Elvis Presley and daughter to Vernon Presley, based on DNA and other evidence. Much of this same evidence also supports Eliza's claim that Elvis Presley is actually alive. You can get caught up to speed starting here, if you haven't followed this case before.

It's been more than a year since we last wrote that Eliza's case was dismissed on jurisdictional grounds. This meant that the court in which she filed her lawsuit was not able to hear the case; rather, the case had to go to a different court. Because of this and other legal hurdles, Eliza has never had her “day in court” to present her evidence to a judge or jury.

As we wrote then, Eliza was at the end of her road — emotionally and financially — and was not able to continue with the case. Trying to re-write the history books, which is what Eliza was literally trying to do, is no easy task. This is especially true when there are those who will go to extraordinary means to try to stop her.”

2016-12-13T20:33:29-08:00June 6th, 2012|Estate Fights, Rich & Famous, Trusts|

Lawyer Appointed To Investigate Witherspoon Case

Estate of Denial:  “A Nashville judge has appointed a lawyer to investigate what’s going on with actress Reese Witherspoon’s father who is accused of bigamy and possibly has dementia, according to documents released in a sealed court case.

Earlier this month, Witherspoon’s mother, Betty Witherspoon, said her husband of 42 years married another woman even though he remained wed to her.

A hearing in that case, which was scheduled for Thursday, has been indefinitely postponed. In the meantime, documents released from another Nashville court indicate that John Witherspoon was placed in a conservatorship at the request of the Academy Award-winning actress and her brother.”

2012-06-06T08:36:46-07:00June 6th, 2012|Conservatorship, Rich & Famous|

More Drama Over James Brown’s Estate

Estate of Denial:  “In documents filed in Federal Court on Friday, Aiken attorney and former James Brown trustee Robert Buchanan alleged that Brown’s companion Tommie Rae Hynie joined Brown’s son Terry and grandson Forlando in a conspiracy to destroy James Brown’s estate plan.

The allegations were filed in a counterclaim related to a five-year-old lawsuit, originally brought by Brown’s grandson Forlando against Buchanan and Newberry attorney Adele Pope.

Buchanan and Pope served as co-trustees of the Brown will and trust from November 2007 to May 2009. Only six weeks after they were court appointed, in Jan. of 2008, Forlando filed suit against them, asserting that Buchanan and Pope would not follow James Brown’s noble plan to dedicate his entire music empire to education. In the suit, Forlando asked for the return of original trustees David Cannon, Albert Dallas and Al Bradley.

Bradley died in 2010. Dallas lost an appeal to the S.C. Supreme Court. Cannon entered an Alford plea in Oct. 2011 to indictments that alleged he took $12 million from James Brown between 1999 and 2007, and that he forged a document in 2008 to cover up his takings.

Forlando’s claim that Buchanan and Pope would not defend Brown’s estate plan proved inaccurate. In 2009 Buchanan and Pope “vigorously” defended the estate plan with their opposition to and appeal of a settlement deal that Tommie Rae, Terry and others made with former Attorney General (AG) Henry McMaster. The McMaster deal takes away more than half of Brown’ $100 million music empire and gives it to some of Brown’s disinherited, claimed relatives. McMaster also gave Brown’s son Terry—Forlando’s father—a right to buy the music empire at fair market value.”

2012-06-04T08:47:44-07:00June 4th, 2012|Estate Fights, Rich & Famous|

Rosa Parks Estate Battle: No Decision Yet

Estate of Denial:  “A legal showdown over the estate of civil rights icon Rosa Parks came and went this morning without a decision by Wayne County Probate Judge Freddie Burton Jr. about whether to disqualify himself from continuing to preside over the Parks’ estate fight.

Burton told lawyers in a five-minute hearing that he would issue a decision on the disqualification motion in 30-45 days without hearing legal arguments from lawyers in the case. Then, he ended the hearing, leaving lawyers to argue their positions with newspaper reporters.

‘It’s outrageous that Judge Burton needs 30-45 days to decide a completely unopposed motion for disqualification,' said attorney Steven G. Cohen, of Farmington Hills, who sued Burton last week on the grounds that he conspired with probate lawyers John Chase Jr. and Melvin Jefferson Jr., allowing them to bankrupt Parks’ estate with unnecessary and excessive attorney fees. ‘He obviously can’t serve as a presiding judge in a case where he is the defendant.'”

2012-05-30T10:10:31-07:00May 30th, 2012|Estate Fights, Rich & Famous|

Heiress Tries To Adopt Ex-Husband

Estate of Denial:  “F. Scott Fitzgerald observed that the rich are different, but that does not mean an heiress can adopt her 65-year-old ex-husband to increase her family’s claim to a billion dollar inheritance.

Delaware’s Supreme Court ruled on Tuesday that the unconventional adoption did not entitle the man to inherit a share of the Gore-Tex waterproof fabric fortune.

Heirs to the founders of W.L. Gore & Associates Inc of Newark, Delaware, have fought for years over how to divide their stake in the privately held company, which has $3 billion in annual revenue.

Their battle landed in court over the question of how the late Wilbert L. Gore, who founded the company in his basement in 1958, and his late wife, Vieve, intended to divide their fortune.

At the center of the dispute was the adoption nearly a decade ago by Susan Gore, one of Wilbert’s five children, of her ex-husband, Jan Otto.”

2016-12-13T20:33:29-08:00May 30th, 2012|Odd Requests, Rich & Famous|

Huguette Clark’s Executor Demands Money Be Repaid

ABA Journal:  “Nurses, doctors, a hospital, a lawyer and an accountant for reclusive heiress Huguette Clark coerced or influenced her out of more than $44 million in gifts, the executor of her estate said in a court filing Tuesday.

The executor, who doesn't deny that Clark authorized nearly all of those gifts, is asking the court to order all of the money to be repaid, msnbc.com's Open Channel blog reports.

The petition is an attempt to return to the estate millions of dollars that the executor claims was bled away from the heiress by fraud or undue influence. Two other petitions were expected to be filed by the executor Wednesday, one accusing her lawyer and one accusing her accountant of malpractice and breach of fiduciary duty.”

2016-12-13T20:33:29-08:00May 24th, 2012|Estate Fights, Rich & Famous|

Judge Seals Conservatorship Case For Reese Witherspoon’s Dad

Estate of Denial:  “When a Davidson County judge closed his courtroom to the public during a conservatorship case involving actress Reese Witherspoon’s father last week, he didn’t just close a day’s proceedings: He sealed the entire case history, something he has done in only a handful of other recent cases.

In sealing the case from public view, 7th Circuit Court Judge Randy Kennedy said the prejudice that would befall the Witherspoon family outweighs the public’s right to know. Kennedy sealed the entire case file — not just individual medical or financial records — and required the media to leave the courtroom.

But completely blocking access can hinder efforts to curb guardianship abuse and prevents the public from performing its watchdog role over the court system, conservatorship reform advocates and a First Amendment expert said.”

2012-05-23T09:31:44-07:00May 23rd, 2012|Conservatorship, Rich & Famous|

More Famous Examples of Bad Estate Planning

Wealth Strategies Journal:  “A wise person once observed that a wreck on the shore serves as a beacon at sea.

Perhaps the estate planning errors of others can also serve as instructive examples. But one must concede that the most egregious train wrecks of bad planning can be mesmerizing.

Without further adieu, here is a collection of testators who left behind estates with notable errors, issues, and messes.”

2016-12-13T20:33:29-08:00May 22nd, 2012|Estate Fights, Estate Planning, Lawsuits, Rich & Famous|

Reese Witherspoon Heads To Court To Help Her Father

Estate of Denial: “One of Reese Witherspoon‘s more famous roles was as the perky young attorney in Legally Blonde. Late last week, she accompanied her parents to court in a much more somber setting.

On Friday, we wrote about the efforts of Reese Witherspoon’s mother, Mary, to protect her 70-year old husband from a woman who had entered into a bigamous relationship with Reese’s father. Mary’s lawsuit alleges that the woman, Tricianne Taylor (legally named Patricia Taylor) used the relationship to try to borrow hundreds of thousands of dollars and otherwise take advantage of Dr. John Witherspoon.

Mary says her husband, from whom she has been separated but still in love with, suffers from a host of medical conditions, including possible dementia, and does not remember marrying the other woman.”

2012-05-22T09:27:20-07:00May 22nd, 2012|Lawsuits, Rich & Famous|

Probate Abuse Highlighted By Famous Cases

Examiner.com:  “That’s a headline to grab attention in Austin, Nashville, L.A. and for entertainers across the country – as it should. Growing use of probate instruments like wills, trusts, guardianships and powers of attorney is putting at risk both individual liberties and property rights. An ongoing legal battle involving the “Godfather of Soul” James Brown’s estate helps illustrate this point as also does the case of Nashville rocker Danny Tate who in past years fought a questionable conservatorship (guardianship) and now is targeted in what appears a series of retaliatory actions for speaking out against the perpetrators of his alleged probate abuse and the “justice” system that allows it to continue. The general public may read or hear of such actions while continuing to enjoy an “it can’t happen to me” mindset, but such confidence is misplaced as a reality emerges in which people at all levels of wealth – be it worth $50,000 to $100,000, $1 million or far more – are targeted for Involuntary Redistribution of Assets (IRA) actions. Wealth is relative and in today’s world – there’s always someone happy to take yours.”

2012-05-21T15:19:43-07:00May 21st, 2012|Estate Fights, Lawsuits, Probate, Rich & Famous|

Inventor Sued By Pepsi Heirs To Release Formula

Estate of Denial:  Pepsico has no claim to “original, historically significant documents” about the invention of its signature soft drink, two brothers claim in Federal Court, claiming their father deserves the credit.

“By this action, the heirs seek to eliminate any doubt that original, historically significant documents belonging to their deceased father, Richard John Ritchie (‘Ritchie’), who is historically acknowledged as the person who developed the original, commercially successful formula for Pepsi-Cola on or about 1931 (the ‘Ritchie Invention’), are their personal property, as his lawful heirs, which they may freely share with historians, collectors, journalists, and television and film producers, and ultimately, members of the interested public, to tell their father’s extraordinary life story without interference or the threat of litigation from Mr. Ritchie’s former employer, Pepsi,” the complaint begins.”

2016-12-13T20:33:29-08:00May 18th, 2012|Estate Fights, Rich & Famous|

Fight Over Profits From ‘Godfather’ Sequel

Estate of Denial:  “Proceeds from the sequel to Mario Puzo’s novel “The Godfather” published this week will be put in escrow while Paramount Pictures and the late novelist’s estate pursue litigation over the publishing rights.

An interim agreement allows publication of the novel to go forward, pending resolution of this matter,” Richard Kendall, a lawyer for Los Angeles-based Paramount, said at a hearing today in Manhattan federal court.

Paramount, a unit of New York-based Viacom Inc., sued Anthony Puzo, Mario’s son and the executor of his estate, in February to prevent the publication of a third sequel to “The Godfather,” claiming that it wasn’t authorized.”

2012-05-17T15:42:55-07:00May 17th, 2012|Estate Fights, Rich & Famous|

Did A Judge And Lawyers Drain Rosa Parks’ Estate?

AZCentral:  The battle over Rosa Parks' estate has gone on for years.  Now, an attorney, Stephen G. Cohen, is accusing two attorneys and a judge of conspiring to drain the estate's cash.  The lawyers and the judge were involved in a long running civil rights dispute related to the estate.  Cohen alleges that the judge and attorneys racked up over $507,000 in unnecessary legal fees, leaving the estate $88,000 in debt.

When Rosa Parks died in 2005, she left most of her estate to the Rosa and Raymond Parks Institute which Cohen represents.  Parks' relatives challenged her will after her death.

2012-05-17T13:27:05-07:00May 17th, 2012|Estate Fights, Rich & Famous|

Judge Rules Gary Coleman Did Not Have A Common Law Wife

Estate of Denial:  “Shannon Price failed to prove that she and Gary Coleman had a common-law marriage after their 2009 divorce.

Fourth District Judge James R. Taylor ruled Monday that while Price had lived in the former “Diff’rent Strokes” star’s home after their marriage ended, the relationship failed to meet the state’s standard for a common-law marriage.

“There is simply [insufficient] credible evidence to conclude that they were more than occasional roommates,” Taylor wrote in his 18-page decision.”

2012-05-16T11:36:02-07:00May 16th, 2012|Estate Fights, Rich & Famous, Wills|

‘Explosive’ Diaries of James Brown’s Companion Subpoenaed

Estate of Denial:  “On Friday night former James Brown trustee, Adele Pope of Newberry, was served with a subpoena related to the diaries of Brown’s former companion, Tommie Rae Hynie.

Pope is being asked to turn over all written communications related to the Hynie diaries, including any communications with this reporter, any “blogger, website or media outlet.”

The Observer has requested a copy of the diaries from Attorney General (AG) Alan Wilson under the Freedom of Information Act (FOIA), but the request was refused in March.

In a telephone interview in November, 2011, a longtime friend of music icon James Brown characterized the Hynie diaries as ‘explosive.'”

2016-12-13T20:33:30-08:00May 15th, 2012|Estate Fights, Rich & Famous|

EMI Music May Lose Rights to ‘Pint Panther Theme’

Estate of Denial:  EMI Music could lose its grip on one of the most famous pieces of film music ever created — “The Pink Panther Theme,” written by the late Henry Mancini for the 1963 film.

Late last month, Mancini’s publishing company, Northridge Music Inc., controlled by the composer’s heirs, filed a claim at the American Arbitration Association that seeks more than $1.35 million in unpaid “net profits” on music for The Pink Panther film. The heirs are also seeking punitive damages and want EMI’s administration rights terminated due to alleged malfeasance and breach of fiduciary duty.”

2012-05-11T10:32:48-07:00May 11th, 2012|Estate Fights, Rich & Famous|

Struggle Over Archie Comics Empire Underscores Need For Estate Planning

Probate Lawyer Blog:  “The New York Times recently featured a fascinating article called The Battle for a Comic-Book Empire That Archie Built. It detailed the ongoing legal battle over the two dueling CEO’s of Archie Comic Publications.

On one side is Jonathan Goldwater, the son of John L. Goldwater who was one of three founders of the company and the visionary behind the Archie character, created in 1941. Goldwater became a co-CEO and controller of one-half interest in the company after his half-brother, Richard Goldwater, died in 2007.

Nancy Silberkleit is the widow of the son of another founder, Louis Silberkleit. She was a schoolteacher who became co-CEO when her husband, Michael Silberkleit, died in 2008. By that time, a long-time employee and editor-in-chief, Victor Gorelick, was running the company as a temporary, stop-gap measure.

Goldwater and Silberkleit tried to work together to manage the company, agreeing in 2009 to run Archie Comics by sharing CEO duties. Silberkleit was to oversee scholastic and theatrical ventures, placing Goldwater in charge of everything else. They were supposed to consult with each other on major decisions.”

2016-12-13T20:33:30-08:00May 9th, 2012|Estate Fights, Rich & Famous|

Trial Starts Today For Gary Coleman Estate

Estate of Denial:  “The battle for the estate of Gary Coleman will hit a Provo courtroom today in a two-day trial that pits the late actor’s former wife against the head of Coleman’s corporation.

The case hinges on whether Coleman and his former spouse, Shannon Price, continued living as husband and wife even after their 2008 divorce until Coleman’s death on May 28, 2010.

The head of Coleman’s corporation, Anna Gray, of Portland, has a 2005 will signed by Coleman naming her as the executor and beneficiary to his estate.

Price claims that Coleman had a handwritten codicil, or amendment, to the will in 2007 that gives all assets to her, including their $315,000 home in Santaquin.”

2012-05-09T10:11:49-07:00May 9th, 2012|Estate Fights, Rich & Famous, Wills|
Go to Top