Attend Coaching Sessions and Web Seminars, Podcasts and more
BlogsTrial and Heirs
Rosa Parks Trust, Estate Tied Up In Lengthy Court Fight
By Danielle and Andy Mayoras
July 26, 2011
¦
Advertisement
Civil rights icon Rosa Parks passed away in Detroit at the age of 92 back in 2005. Almost six years later, her legacy is still tied up in a lengthy court battle. The case features allegations of abuse, cronyism and corruption by the probate judge as well as the two lawyers he appointed to oversee the estate and trust.
It also involves who will receive all of the considerable civil rights memorabilia owned by Rosa Parks when she was alive and even the rights to use her name and likeness.
Parks' will and trust left the majority of her assets to the Rosa and Raymond Parks Institute for Self Development, operated by Rosa Parks' longtime friend, Elaine Steele. Parks and Steele had formed this Institute. Steele says she was close to Parks for 45 years and that Parks looked at her as the "daughter she never had."
But the probate judge did not approve of how Steele handled the estate and trust of Rosa Parks and removed her, as well as a retired Detroit Judge named along with Steele to serve as co-executors and co-trustees. He instead replaced them with two independent attorneys.
The case had started when a group of Rosa Parks' nieces and nephews sued to have the will and trust declared invalid, alleging that Steele used undue influence to convince Parks to create the estate planning documents. Almost on the eve of trial, the parties reached a global settlement, which acknowledged that the will and trust were valid and allowed the Institute, managed by Steele, to keep the majority of the memorabilia and other assets.
The settlement agreement also called for Steele and the retired judge to resume the positions of executors and trustees. The two court-appointed attorneys overseeing the estate and trust have not stepped aside, however.
They first sought payment of more than $100,000 in fees. Steele and the Institute challenged payment of these fees, but the judge allowed them. This lead to the first appeal.
During that first appeal, there was a court hearing where various lawyers argued their positions before the appellate judges about the payment of the fees. It was then that Steele and the Institute, through their lawyer at the time, allegedly violated the settlement agreement by disclosing confidential terms of the settlement while a newspaper reporter was present in the courtroom.
At least, that's what the two court-appointed lawyers believe, as do the nieces and nephews. Steele and her legal team deny it.
Because of what was said during that appellate hearing, the court-appointed lawyers went back before the probate judge and asked for a strong penalty against Steele and the Institute both.
The probate judge agreed. He not only sanctioned Steele, Rosa Park's Institute and their lawyers, but he took the unusual step of ordering that they forfeit their entire interest in Park's estate and trust.
That's right. The judge felt what Steele's lawyer had done in the court of appeals court hearing was so egregious that he should rewrite Rosa Park's will and trust, change the disposition of her assets, and require that Parks' memorabilia and other assets be turned over to a similar type of charitable institute instead of the one set up by Parks and Steele.
The judge's ruling relied on a forfeiture clause in the settlement agreement. The clause provided that anyone who breached the confidentiality clause would forfeit their rights under the agreement.
Of course, Steele and the Institute filed another appeal. The court of appeals sided with the lawyers and agreed with the probate judge, just like they did during the first appeal.
Now, Steele and the Institute have filed with the Michigan Supreme Court, asking those seven justices to review the case. In their filing, they accuse the two lawyers of billing such high fees that the probate judge ordered that much of Parks' valuable property to be turned over to them, to pay their fees, since the estate itself had only a modest amount of monetary assets (about $373,000).
Steele believes the Judge wanted to protect the lawyers he appointed because they are his cronies. She accuses the entire Wayne County Probate Court (which is the county where Detroit resides) of having, "for a significant time, operated as a nest of cronyism and corruption."
While all of this court fighting is going on, the two lawyers are putting Rosa Park's memorabilia up for sale at auction. They have not yet filed a response to the new allegations presented to the Michigan Supreme Court, but they have already prevailed in the court of appeals against these same types of allegations, which they vigorously deny.
Six years still the fight is on. That is insane. It seems like the court trials are never ending. It goes on and on. The fight over estate's goes longer than expected which can destroy people's faith in the judicial system.
air dryers
Posted by: benjaminmoore32 | September 9, 2011 11:57 PM
Legacy expert attorneys Danielle and Andy Mayoras say the saga surrounding the estate of one-time child TV star Gary Coleman provides yet another learning opportunity for advisors and their estate planning clients.
Legacy expert attorneys Danielle and Andy Mayoras say advisors can point to the bigamy scandal surrounding actress Reese Witherspoon’s family as yet another example of why it’s so important for clients to have their estate planning and legal affairs in order.
Legacy expert attorneys Danielle and Andy Mayoras say even the most savvy and successful entrepreneurs are counting on their financial advisors to protect their life’s work and legacy after they’re gone. Are you up to the task?
Legacy expert attorneys Andy and Danielle Mayoras say your clients have names and reputations that will live on after they’re gone. The estate planning guidance you provide them now will ensure their legacy and wishes are protected for generations to come.
Legacy expert attorneys Danielle and Andy Mayoras say the legal battle between two feuding CEOs provides yet another example of why it’s so important for advisors to make prudent succession planning decisions as their firms grow and evolve.
Legacy expert attorneys Andy and Danielle Mayoras say that contrary to preliminary reports, British songstress Amy Winehouse did not have a will in place at the time of her death—an estate planning mistake that advisors and their clients can’t afford to make.
Legacy expert attorneys Danielle and Andy Mayoras say planners with clients whose families are involved in this type of legal struggle over an elderly parent should keep in mind that there are two sides (at least) to every story, and allegations of a parent’s care or finances being compromised are not always easy to prove.
Legacy expert attorneys Andy and Danielle Mayoras – along with everyone else – have now had a chance to take a look at Whitney Houston’s will. That the deceased music superstar opted for a will rather a living trust points to some shortcomings in her overall estate planning strategy.
Legacy expert attorneys Andy and Danielle Mayoras say the pop star's been very busy lately but it remains unclear what – if any – decisions she’s making herself and illustrates the importance of informed legal and estate planning regardless of your station in life.
Legacy expert attorneys Andy and Danielle Mayoras say it won’t be long before the recently deceased pop star’s estate planning efforts – or lack thereof – will come to light.
John Goodman's lawyer states that the adoption was done to protect Goodman's children, not to shield assets from the family of the slain driver who is suing him. While Goodman, of Palm Beach, has been bashed across the country for his legal maneuver, it actually makes sense from a probate law perspective.
Legacy expert attorneys Andy and Danielle Mayoras say most of music diva Whitney Houston’s purported financial woes could have been averted had she and her family sought out and received professional financial and estate planning advice before things turned sour.
Legacy expert attorneys Andy and Danielle Mayoras say it’s not too late to help your clients tackle an issue that should be among their most important resolutions in the New Year: estate planning.
Legacy expert attorneys Andy and Danielle Mayoras say the billonaire's case serves as a reminder that too many people make the estate planning mistake of relying on verbal or written promises that contradict their will or trust.
It took years for the great civil right activist’s final wishes to finally be honored, something that legacy expert attorneys Andy and Danielle Mayoras say could have been resolved much sooner had she done a better job – or had better advice and professional assistance – with her estate planning.
Legacy expert attorneys Andy and Danielle Mayoras say there’s no doubting the greatness of Martin Luther King Jr. However, he made a mistake common among millions of Americans: He didn't have a will.
Legacy expert attorneys Andy and Danielle Mayoras say events surrounding his estate have been anything but consistent with his musical legacy. In the 30 years since his death, his estate has seen far too many court fights, lawsuits and money-grabs to count. And that legacy of fighting over money doesn’t seem likely to end any time soon.
Legacy expert attorneys Andy and Danielle Mayoras say the intrigue and legal wrangling surrounding the copper heiress’s $400 million estate serve as a stark reminder that everyone -- wealthy or not -- needs to get proper estate planning advice from their financial advisor before it’s too late.
Al Davis, the long-time principal owner and general manager of the Oakland Raiders, died last week at age 82. As legacy expert attorneys Andy and Danielle Mayoras point out, estate taxes are huge concern for NFL owners and it appears that Davis, unlike other professional sports owners, made the necessary arrangements to keep the franchise under his heirs’ control.
Soon after the tragic news of Steve Jobs' death broke, people began wondering what would become of the Apple co-founder and innovator extraordinaire's fortune. Forbes recently estimated Jobs’ wealth at $7 billion. According to legacy expert attorneys Andy and Danielle Mayoras, it appears Jobs had his estate planning act together.
An auction of the deceased actor’s memorabilia, clothes and other property recently garnered more than $1 million but none of his five children, including actress Jamie Lee Curtis, have yet to receive a dime. And, from most indications, that’s exactly the way the “Some Like It Hot” star wanted it.
Celebrities are not the only ones to make mistakes with their estate planning. It happens to people all across the country on a regular basis. According to legacy expert attorneys Andy and Danielle Mayoras, one of the most common estate planning mistakes that people make is joint ownership.
Now almost 30 years old and seemingly back at the top of her game, why would the pop superstar still need her father to serve as her conservator? One company claims it’s simply a ploy to duck a deposition in a multimillion-dollar lawsuit.
The so-called “Godfather of Soul” passed away on Christmas Day 2006, and generously left his $100 million fortune to a special trust set up to help poor and needy children. Yet, four-and-a-half years later, not one child has seen a cent. Why?
Russell Armstrong was the 47-year old husband of "Real Housewives of Beverly Hills" cast member Taylor Armstrong. Tragically, Russell committed suicide on Aug. 15, about one month after Taylor had filed for divorce. His untimely death and the subsequent squabbling by surviving relatives highlight the importance of estate planning whether you're famous or not.
Zsa Zsa Gabor has never been one to shy away from the limelight. But when does pursuing fame cross the line for a 94-year-old? That point may have come this week, when her husband of 25 years told CNN that he had started the process of donor matching and blood work so he could turn Zsa Zsa into Ma Ma.
One of the challenges that we have as professionals is motivating our clients to do their estate planning. Our new television special titled "Trial & Heirs: Protect Your Family Fortune!" debuts tonight and we think it will help motivate your clients to take the necessary estate planning steps that many have put off for far too long.
It’s shocking how many rich and famous people make mistake and after mistake, which often leads to heirs fighting over inheritances. But, it’s not only the rich. Everyday across the country, people from all walks of life make the exact same mistakes time and time again. The only difference is the dollar amounts that they’re fighting over.
Ryan O'Neal is at it again. He and Craig Nevius, a Hollywood producer who used to work closely with Farrah Fawcett, are in the midst of more legal fighting against one another.
Celebrity heirs fighting over the estate is far from uncommon but it is unusual when an ugly court battle starts before the celebrity even dies. That certainly has been the case with the Dennis Hopper estate.
No, it can’t be. Has the 15-year saga started by Anna Nicole Smith, as she tried to get money from the estate of her deceased husband, really come to an end?
Leona Helmsley, widely regarded as the “Queen of Mean” before she died at age 87 in 2007, left behind a fortune valued by some to be worth $40 to $80 billion. She earmarked twelve million dollars to take care of her dog, Trouble, until the Judge reduced it to a paltry $2 million.
While Whitney Houston was recently admitted to rehab, she has one other big concern that she still has to face - her no-holds-barred court fight with her late father’s widow.
Irvin Feld was a rock-and-roll promoter who purchased “The Greatest Show on Earth” in 1967. He created a promotion company to manage the Ringling Bros. Circus, along with Disney on Ice and monster truck shows, but none of his shows have been as eventful as what’s happened between his two children the last few years.
The Michael Jackson Estate has featured fireworks since very shortly after Michael died on June 25, 2009. His mother, Katherine Jackson, was not happy about non-family members, including attorney John Branca and music executive John McClain, being named as executors of his estate. So she hired lawyers and challenged the executors in probate court. They fought … and fought … and fought.
FEED
1 Comments
Six years still the fight is on. That is insane. It seems like the court trials are never ending. It goes on and on. The fight over estate's goes longer than expected which can destroy people's faith in the judicial system.
air dryers
Posted by: benjaminmoore32 | September 9, 2011 11:57 PM
Report this Comment
Add Your Comments...