Hearing set for Tuesday on Ernie Banks' mental state in months before death
Three months before his death in January, Cubs great Ernie Banks went to a Lombard law office far from his home in downtown Chicago and executed a will that cut out his family and left his entire estate to his longtime caretaker, records show.
Now the validity of that hotly contested will is scheduled to take center stage in the an ongoing battle over Banks' posthumous wishes. The witnesses who were at the law office that day — including the attorney himself and his two paralegals — are scheduled to testify Tuesday at a hearing at which lawyers for Banks' estranged wife plan to argue that the ailing slugger was manipulated into signing the document.
In a twist to what already has become a strange case, a lawyer for the caretaker, Regina Rice, told a Cook County probate judge Thursday that one of the paralegals is extremely claustrophobic and would be unable to testify in the judge's 18th-floor courtroom in the Daley Center because she's terrified of elevators.
"I bet if there was 500 bucks in a corner she'd get up here," Judge James Riley quipped before granting lawyer Linda Chatman's request to hold the hearing in a basement traffic courtroom that is accessible by escalator.
Banks' state of mind at the time he signed the will is key to his family's claim that Rice coerced him into handing over his assets. Unless they can show he was not lucid or had other medical conditions that prevented him from making sound decisions, the document will likely be certified as his final wishes, and Banks' estranged wife and surviving children will get nothing, estate experts say.
In advance of the hearing, attorneys for Banks' wife revealed they have subpoenaed the Hall of Famer's longtime doctor for any records relating to his care, including psychiatric evaluations, "neuropsychological reports" and treatment notes for any alcohol or drug abuse.
Records show Banks signed the will Oct. 17 at the law office of Byron Faermark. It included specific language giving all of his assets to a trust to be controlled by Rice, and stated he was "making no provisions" for his wife and children, "not for a lack of love and affection for them and for reasons best known by them."
The five-page document was notarized by Faermark, and his two paralegals, Wendy Modelski and Karen Crumpler, signed on as witnesses. It's unknown if Rice was at the office at the time, but she did not sign the will. Calls to Faermark's office were not returned Thursday.
Banks, 83, died Jan. 23 of a heart attack. Control over his estate had initially been awarded to his wife, who had gone to probate court Jan. 28 claiming Banks had died without a will. In such cases, an immediate family member is typically named the administrator.
But days later, Rice, 56, who described herself as a caretaker and "trusted confidante" to Banks, filed a petition disclosing the existence of the will.
After Rice initially estimated Banks' "known" assets at just $16,000, the judge last month ordered her to compile a complete accounting of the estate, including any collections of baseball-related memorabilia, accounts, stocks and life insurance policies taken out in his name. The inventory is due next month.
Records show that Rice, through her talent management company Ricer Enterprises, had organized numerous publicity events featuring Banks in recent years, including a gala at the East Bank Club last year that charged a $300 entry fee. Her company also runs the website Erniebanks.net, which advertises autographed baseball bats, gloves and other merchandise for up to $400, shipping included.
In a statement issued last month, Rice said Banks had been a part of her life for 12 years and that the record will "dispel any iota of concern regarding my relationship with Ernie and his trust in me to carry out his wishes" in his lifetime and after his death.
jmeisner@tribpub.com
Twitter @jmetr22b
Now the validity of that hotly contested will is scheduled to take center stage in the an ongoing battle over Banks' posthumous wishes. The witnesses who were at the law office that day — including the attorney himself and his two paralegals — are scheduled to testify Tuesday at a hearing at which lawyers for Banks' estranged wife plan to argue that the ailing slugger was manipulated into signing the document.
In a twist to what already has become a strange case, a lawyer for the caretaker, Regina Rice, told a Cook County probate judge Thursday that one of the paralegals is extremely claustrophobic and would be unable to testify in the judge's 18th-floor courtroom in the Daley Center because she's terrified of elevators.
Banks' state of mind at the time he signed the will is key to his family's claim that Rice coerced him into handing over his assets. Unless they can show he was not lucid or had other medical conditions that prevented him from making sound decisions, the document will likely be certified as his final wishes, and Banks' estranged wife and surviving children will get nothing, estate experts say.
In advance of the hearing, attorneys for Banks' wife revealed they have subpoenaed the Hall of Famer's longtime doctor for any records relating to his care, including psychiatric evaluations, "neuropsychological reports" and treatment notes for any alcohol or drug abuse.
Records show Banks signed the will Oct. 17 at the law office of Byron Faermark. It included specific language giving all of his assets to a trust to be controlled by Rice, and stated he was "making no provisions" for his wife and children, "not for a lack of love and affection for them and for reasons best known by them."
Banks, 83, died Jan. 23 of a heart attack. Control over his estate had initially been awarded to his wife, who had gone to probate court Jan. 28 claiming Banks had died without a will. In such cases, an immediate family member is typically named the administrator.
But days later, Rice, 56, who described herself as a caretaker and "trusted confidante" to Banks, filed a petition disclosing the existence of the will.
After Rice initially estimated Banks' "known" assets at just $16,000, the judge last month ordered her to compile a complete accounting of the estate, including any collections of baseball-related memorabilia, accounts, stocks and life insurance policies taken out in his name. The inventory is due next month.
In a statement issued last month, Rice said Banks had been a part of her life for 12 years and that the record will "dispel any iota of concern regarding my relationship with Ernie and his trust in me to carry out his wishes" in his lifetime and after his death.
jmeisner@tribpub.com
Twitter @jmetr22b
No comments:
Post a Comment
Thank you for commenting.
Your comment will be held for approval by the blog owner.