Tom Benson family feud: Renee Benson wants Texas trust battle back in probate court
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on April 10, 2015 at 10:43 AM, updated April 10, 2015 at 12:31 PM
saints, pels ownership succession
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Renee Benson has asked a federal judge to move her Texas lawsuit against her father, Saints and Pelicans owner Tom Benson, back to a state probate court as she seeks to remove the 87-year-old as trustee overseeing a collection of San Antonio car dealerships and other assets.
Earlier this year, Bexar County Probate Judge Tom Rickhoff appointed two receivers to temporarily replace Tom Benson as trustee over the Shirley Benson estate trust in San Antonio. Renee Benson is seeking to have her father permanently removed, part of feud over ownership succession of the New Orleans Saints and Pelicans and other family wealth.
The Texas case landed in federal court after the receivers, former San Antonio Mayor Phil Hardberger and esetate lawyer Art Bayern intervened in Renee Benson's case with their own lawsuit.
In response, Tom Benson's lawyers got the case moved to U.S. District Court in San Antonio, arguing that the lawsuit now involved Benson personally rather than in his role as trustee -- which meant the lawsuit now involved Benson as a Louisiana resident and the receivers in Texas, making federal court appropriate.
At the request of Rickhoff, the receivers dropped their intervening lawsuit one week later.
Renee Benson's lawyers on Thursday (April 9) asked U.S. District Judge David Ezra to move her case back to Rickhoff's courtroom, arguing that Tom Benson did not seek to move the case to federal court when it first began.
"Now, after significant, adverse rulings by the probate court, he seeks to change the forum," the filing says.
The Shirley Benson estate trust, created in 1980 after Tom Benson's first wife died, holds interests in San Antonio car dealerships, Lone Star Capital Bank and real estate. It's now one of many trusts that hold the wealth the billionaire acculumated over his lifetime.
After a hearing in February, Rickhoff said he was appointing the receivers to "assist" Benson, although Hardberger and Bayern have control over the assets for now.
In his ruling, Rickhoff indicated he had questions about decisions Benson made as trustee, which could have been settled had Benson testified in court.
In a letter last month, Rickhoff further revealed his take on the entire Benson legal struggle playing out in courtrooms in Texas and Louisiana, saying that the patriarch is "at war with himself."
"What is this litigation?" Rickhoff said. "It is Tom Benson (2011) versus Tom Benson (2014). He is at war with himself. No one is trying to 'take' anything. He, Tom Benson (2011) already dedicated the bulk of his wealth. Everything is in the I.T. (irrevocable trust) he, Tom Benson (2011) created. Now, Tom Benson (2014) changed his mind. Who cares why.
"But, he cannot," the judge continued. "Big businessmen are still just like all of us and cannot just sign whatever they want and think if it goes south 'I'll just litigate.'"
Benson's attorney couldn't immediately be reached for comment Friday morning. His lawyers have previously argued that Rickhoff's decision to appoint the receivers in February amounted to an "abuse of discretion."
Benson announced Jan. 21 that he intends to leave his sports empire to his wife of 10 years, Gayle, rather than to his daughter, Renee Benson, and her two children, Rita Benson LeBlanc and Ryan LeBlanc. The jilted heirs struck back with lawsuits seeking to have the patriarch declared incompetent to manage the family's wealth.
Earlier this year, Bexar County Probate Judge Tom Rickhoff appointed two receivers to temporarily replace Tom Benson as trustee over the Shirley Benson estate trust in San Antonio. Renee Benson is seeking to have her father permanently removed, part of feud over ownership succession of the New Orleans Saints and Pelicans and other family wealth.
The Texas case landed in federal court after the receivers, former San Antonio Mayor Phil Hardberger and esetate lawyer Art Bayern intervened in Renee Benson's case with their own lawsuit.
In response, Tom Benson's lawyers got the case moved to U.S. District Court in San Antonio, arguing that the lawsuit now involved Benson personally rather than in his role as trustee -- which meant the lawsuit now involved Benson as a Louisiana resident and the receivers in Texas, making federal court appropriate.
At the request of Rickhoff, the receivers dropped their intervening lawsuit one week later.
Renee Benson's lawyers on Thursday (April 9) asked U.S. District Judge David Ezra to move her case back to Rickhoff's courtroom, arguing that Tom Benson did not seek to move the case to federal court when it first began.
"Now, after significant, adverse rulings by the probate court, he seeks to change the forum," the filing says.
The Shirley Benson estate trust, created in 1980 after Tom Benson's first wife died, holds interests in San Antonio car dealerships, Lone Star Capital Bank and real estate. It's now one of many trusts that hold the wealth the billionaire acculumated over his lifetime.
After a hearing in February, Rickhoff said he was appointing the receivers to "assist" Benson, although Hardberger and Bayern have control over the assets for now.
In his ruling, Rickhoff indicated he had questions about decisions Benson made as trustee, which could have been settled had Benson testified in court.
In a letter last month, Rickhoff further revealed his take on the entire Benson legal struggle playing out in courtrooms in Texas and Louisiana, saying that the patriarch is "at war with himself."
"What is this litigation?" Rickhoff said. "It is Tom Benson (2011) versus Tom Benson (2014). He is at war with himself. No one is trying to 'take' anything. He, Tom Benson (2011) already dedicated the bulk of his wealth. Everything is in the I.T. (irrevocable trust) he, Tom Benson (2011) created. Now, Tom Benson (2014) changed his mind. Who cares why.
"But, he cannot," the judge continued. "Big businessmen are still just like all of us and cannot just sign whatever they want and think if it goes south 'I'll just litigate.'"
Benson's attorney couldn't immediately be reached for comment Friday morning. His lawyers have previously argued that Rickhoff's decision to appoint the receivers in February amounted to an "abuse of discretion."
Benson announced Jan. 21 that he intends to leave his sports empire to his wife of 10 years, Gayle, rather than to his daughter, Renee Benson, and her two children, Rita Benson LeBlanc and Ryan LeBlanc. The jilted heirs struck back with lawsuits seeking to have the patriarch declared incompetent to manage the family's wealth.
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