Judge: Where did they get that record?
Lawyer for guardian: They had copies.
Lots of luck with the Probate Court of Cook County Elizabeth Banks and family. Three guesses as who the judge was? Lucius Verenus, Schoolmaster, ProbateSharks.com
Proposed settlement in fight over Ernie Banks' estate dealt blow
Jason MeisnerContact ReporterChicago Tribune
Lawyers for the widow of Ernie Banks abruptly withdrew Wednesday from the dispute over the estate of the late Cubs great, leaving a proposed settlement in limbo and signifying the case could go to trial.
For nearly two years, Elizabeth Banks has been contesting a will signed by Banks three months before his death in January 2015 that left his entire inheritance to Regina Rice, a longtime friend who took care of his financial affairs, and named her as executor of the estate.
Banks, who was in the midst of a protracted divorce from the 83-year-old Cubs slugger at the time of his death, alleged in a petition in Cook County probate court that Rice "isolated and controlled" him in the final months of his life, including prompting Banks to change telephone numbers to avoid calls from family.
Recently, both sides had reported to Cook County Judge James Riley that they were close to a settlement.
But at a status hearing Wednesday, attorney Thomas Jefson asked that his firm, Robbins Salomon and Patt, be allowed to withdraw from the case. The judge approved the move reluctantly, giving Elizabeth Banks the three weeks allowed under the law to find a new attorney.
"I don't know where we are going to go at this juncture," Riley said. "We are paralyzed here for 21 days."
Jefson did not state the reason for the withdrawal in court. In his two-page motion to withdraw, Jefson wrote that "differences have arisen between (the firm) and Elizabeth that make it impossible" for them to continue to represent her.
Jefson would not comment after the brief hearing, except to say, "We wish her the best."
Elizabeth Banks, who lives in California and was not in court Wednesday, could not immediately be reached for comment.
Attorney Linda Chatman, who represents Rice, told the Tribune by telephone that Banks had apparently rejected last-minute changes to the proposed settlement made by her own attorneys, making a final solution "pretty much a lost cause."
An added wrinkle to the case is that Riley is retiring from the bench in November. Since no settlement is likely to be reached by that time, a new judge will have to get up to speed on the case in addition to the new lawyers representing Banks.
Chatman said the dispute over the validity of the will would likely go to trial if no settlement can be reached.
Rice has claimed in court filings that Ernie Banks entrusted her to carry out his wishes and wanted to make sure his estranged wife didn't share in his estate. Banks went so far as to send his wife a stern "cease and desist" letter in 2013 demanding that she stop claiming any right to his personal or business dealings, court records show.
In her petition, Elizabeth Banks alleged her husband had been diagnosed with moderate to severe dementia days before Rice arranged for him to sign a will at a suburban attorney's office that cut his family out of his estate and left everything to her.
While the court battle has played out, Rice has been managing the affairs of the estate. Earlier this year, she placed 12 of Ernie Banks' possessions worth an estimated $250,000 in an auction, including his1977 Hall of Fame ring and his 1958 Babe Ruth Sultan of Swat Award, both of which have yet to sell.
Banks' "MR CUB" license plate and a photograph of him with Barack and Michelle Obama signed by the president and first lady each sold Aug. 28, according to the auction site's online records. The winning bidder shelled out just over $3,900 for the license plate and $3,346 for the photograph.
Banks was buried a week after his death at Graceland Cemetery a few blocks north of Wrigley Field. Although a previous will had directed that his body be cremated and his ashes scattered over Wrigley on a day the wind was "blowing out," the slugger's final will certified in court had no such provision.
Earlier this month, as Banks' beloved Cubs prepare for the postseason, a gray granite headstone in the shape of a diamond was installed at Banks' grave. Chatman said the marker is temporary — in the spring, private donors plan to erect a more elaborate stone honoring "Mr. Cub."
"It's going to be very beautiful," she said.
jmeisner@chicagotribune.com
For nearly two years, Elizabeth Banks has been contesting a will signed by Banks three months before his death in January 2015 that left his entire inheritance to Regina Rice, a longtime friend who took care of his financial affairs, and named her as executor of the estate.
Recently, both sides had reported to Cook County Judge James Riley that they were close to a settlement.
"I don't know where we are going to go at this juncture," Riley said. "We are paralyzed here for 21 days."
Jefson did not state the reason for the withdrawal in court. In his two-page motion to withdraw, Jefson wrote that "differences have arisen between (the firm) and Elizabeth that make it impossible" for them to continue to represent her.
Jefson would not comment after the brief hearing, except to say, "We wish her the best."
Elizabeth Banks, who lives in California and was not in court Wednesday, could not immediately be reached for comment.
Attorney Linda Chatman, who represents Rice, told the Tribune by telephone that Banks had apparently rejected last-minute changes to the proposed settlement made by her own attorneys, making a final solution "pretty much a lost cause."
An added wrinkle to the case is that Riley is retiring from the bench in November. Since no settlement is likely to be reached by that time, a new judge will have to get up to speed on the case in addition to the new lawyers representing Banks.
Chatman said the dispute over the validity of the will would likely go to trial if no settlement can be reached.
Rice has claimed in court filings that Ernie Banks entrusted her to carry out his wishes and wanted to make sure his estranged wife didn't share in his estate. Banks went so far as to send his wife a stern "cease and desist" letter in 2013 demanding that she stop claiming any right to his personal or business dealings, court records show.
In her petition, Elizabeth Banks alleged her husband had been diagnosed with moderate to severe dementia days before Rice arranged for him to sign a will at a suburban attorney's office that cut his family out of his estate and left everything to her.
While the court battle has played out, Rice has been managing the affairs of the estate. Earlier this year, she placed 12 of Ernie Banks' possessions worth an estimated $250,000 in an auction, including his1977 Hall of Fame ring and his 1958 Babe Ruth Sultan of Swat Award, both of which have yet to sell.
Banks' "MR CUB" license plate and a photograph of him with Barack and Michelle Obama signed by the president and first lady each sold Aug. 28, according to the auction site's online records. The winning bidder shelled out just over $3,900 for the license plate and $3,346 for the photograph.
Banks was buried a week after his death at Graceland Cemetery a few blocks north of Wrigley Field. Although a previous will had directed that his body be cremated and his ashes scattered over Wrigley on a day the wind was "blowing out," the slugger's final will certified in court had no such provision.
Earlier this month, as Banks' beloved Cubs prepare for the postseason, a gray granite headstone in the shape of a diamond was installed at Banks' grave. Chatman said the marker is temporary — in the spring, private donors plan to erect a more elaborate stone honoring "Mr. Cub."
"It's going to be very beautiful," she said.
jmeisner@chicagotribune.com
No comments:
Post a Comment
Thank you for commenting.
Your comment will be held for approval by the blog owner.