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The Estate Discussion - Part 7 - Continued | |
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The recent lawyer Tyka hired that specializes in wrongful deaths, could that be a step for suing the Slayer Rule claim if there is no merit to that claim? Just curious. | |
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I remember a rumor back in October that the family was going to file a wrongful death suit. I think if this was true they expected the case to be closed or solved back at the six month mark and maybe since the police will have to do something with the case in April they are getting ready to sue.
The question is who are they suing? The women with the Slayer claim will just have her claim thrown out and the authorities will check out her story and shut it down since it is easy to tell from phone records if Prince made any calls out that night.
Why did they hire this attorney? | |
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What is this? | |
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Is it claws and fangs time? | |
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laurarichardson said:
I remember a rumor back in October that the family was going to file a wrongful death suit. I think if this was true they expected the case to be closed or solved back at the six month mark and maybe since the police will have to do something with the case in April they are getting ready to sue.
The question is who are they suing? The women with the Slayer claim will just have her claim thrown out and the authorities will check out her story and shut it down since it is easy to tell from phone records if Prince made any calls out that night.
Why did they hire this attorney? Good question Maybe everyone that said he was addicted to pain meds? | |
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Jennifer Jeffers filed a Petition for Enforcement of Slayer Rule against Tyka. It is bogus but the Judge is asking both the Estate and Jeffers to submit additional facts and memorandum of law. I dont even want to repeat here what Jeffers alleges as it is offensive to repeat. Here is a link to her Petition.
http://www.mncourts.gov/m...Nelson.pdf
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The family cannot file a wrongful death claim until they are declared heirs of the Estate. Additionally, they cannot file a wrongful death claim under the Estate case. It would be a separate civil lawsuit in the General Division of the Court.
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This chick is insane. I can't believe the Judge is letting this move forward. | |
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ISaidLifeIsJustAGame said:
The family cannot file a wrongful death claim until they are declared heirs of the Estate. Additionally, they cannot file a wrongful death claim under the Estate case. It would be a separate civil lawsuit in the General Division of the Court.
I know they have to go a civil court for the wrongful death suit but are you sure they cannot just sue before they are declared heirs. I hate saying this but people get killed by cops all the time and move forward with suits immediatly or soon after the incident. | |
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morningsong said:
--All they have to do is check the phone records and he had no marks or bruises on body. | |
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If he could have made a phone call, I'd imagine it would have been to 911. She's cray cray. Welcome to "the org", Mumio…they can have you, but I'll have your love in the end | |
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Hahahahahahahahaa Am I sure? Do you think I make this information up? You need to open up an Estate in order to file a wrongful death claim. Most people agree as to who the heirs of the Estate are, and an Estate can be opened quickly and without fanfare within a day or two. P of course, is the exception. The Estate can also file a wrongful death claim. However, I seriously doubt this will happen since a criminal investigation is ongoing. Who would they file the lawsuit against? The family will have 3 years to file from the date of death. Nicole Brown and Ron Goldman's families filed a wrongful death lawsuit against OJ after the criminal case was resolved.
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Ohh purple joy oh purple bliss oh purple rapture! REAL MUSIC by REAL MUSICIANS - Prince "I kind of wish there was a reason for Prince to make the site crash more" ~~ Ben |
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ISaidLifeIsJustAGame said:
Hahahahahahahahaa Am I sure? Do you think I make this information up? You need to open up an Estate in order to file a wrongful death claim. Most people agree as to who the heirs of the Estate are, and an Estate can be opened quickly and without fanfare within a day or two. P of course, is the exception. The Estate can also file a wrongful death claim. However, I seriously doubt this will happen since a criminal investigation is ongoing. Who would they file the lawsuit against? The family will have 3 years to file from the date of death. Nicole Brown and Ron Goldman's families filed a wrongful death lawsuit against OJ after the criminal case was resolved.
I asked a question. I did not imply that you were making anything up. I can only go by the rumor I read and now months later we have an attorney who does specialize in civil suits. The police will have to make a decision on the case in April so it would make sense to bring in the attorney now and we the public have no idea what is really going on with the case but the family does. I also think the civil attorney could be for Londell or Breamer Bank however, I saw a mention of a settlement concerning the tribute concert so it looks like that got squashed. | |
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But can Tyka file a suit for damages for the allegory remarks that are made in the Slayer claim? | |
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Yes, Tyka can file a libel lawsuit against Jeffers. If the Judge finds Tyka is a "public figure" Tyka would need to show the statements were made by Jeffers with actual malice. Actual malice may be difficult to prove because Jeffers is one French Fry short of a Happy Meal. [Edited 3/14/17 9:36am] | |
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ISaidLifeIsJustAGame said:
Yes, Tyka can file a libel lawsuit against Jeffers. If the Judge finds Tyka is a "public figure" Tyka would need to show the statements were made by Jeffers with actual malice. Actual malice made be difficult to prove because Jeffers is one French Fry short of a Happy Meal. Mrs. Jeffers has been on Facebook pages with her rantings. She would be found to be incompetent due to sanity issues plus it makes no sense to sue someone who has no money and his so bonkers they would probaly keep right on going with their rants. | |
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Ohh purple joy oh purple bliss oh purple rapture! REAL MUSIC by REAL MUSICIANS - Prince "I kind of wish there was a reason for Prince to make the site crash more" ~~ Ben |
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Just 1?
As always, thanks. I was just speculating.
I guess though, if Tyka was suing for malice or deflammation, that would be personal and not part of the Estate. If that is the case, then she would not have to notify the court of hiring the lawyer. That just blew my thoughts out of the water.
Laura, regarding the wrongful death lawsuit, maybe the potential heirs are privy to more information in the investigation than the general public. Maybe the potential heirs are preparing for that. Who knows.
I supposed the if Jeffers does not provide supportive documents for the Slayer claim, she will not be faced with any legal repurcussions.
I also found it interesting that the Appeals court asked the Probate court (and I am heavily paraphrasing) that if the DNA results for the appeallees (is that proper wording ?) excludes them from heirship, that needs to be provided. I gathered if that is the case, the Appeals Court would deny the appeal solely for that to reduce hearing the case. | |
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Live 4 Love ~ Love is God, God is love, Girls and boys love God above | |
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I think it makes sense that Prince's siblings would be privy to more information than the public is regarding the investigation into his death. I suspect that the siblings are also privy to most of the information in the estate's proceedings that is redacted from publicly-available versions of the proceedings. Live 4 Love ~ Love is God, God is love, Girls and boys love God above | |
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They are privy to all redacted items. They have set up a special program where all the attorneys have access to all paperwork. | |
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and true love lives on lollipops and crisps | |
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I have been saying all along that Sharon is nutty. I doubt the bank said anything to the sibs about not having a say in the estate. I am not sure how that would be possible and I believe they all have lawyers who I would think would prevent that from happening. I bet she is mad because the estate will not be paying for her jazz recordings. ******************************************************************
http://www.startribune.com/nearly-a-year-after-prince-s-death-heirs-are-still-grappling-with-his-estate/416164784/
It looks like determining Prince’s heirs might have been the easy part. The six people who stand to inherit the multimillion dollar estate are divided over how to move forward, months after they were identified as heirs and nearly a year after the late megastar’s body was found in an elevator at his Paisley Park complex. Recent filings in Carver County District Court show disagreements unfolding between the heirs about how to use money from the estate — estimated at $100 million to $300 million before taxes and expenses — and who should benefit. Prince died April 21 of an accidental overdose of the painkiller fentanyl. His heirs are his sister Tyka Nelson and half-siblings Sharon, Norrine and John Nelson, Omarr Baker and Alfred Jackson. The heirs have filed attorney’s fees totaling more than $4 million, ranging from about $340,000 in payments to the firm representing Sharon, Norrine and John Nelson, to more than $1.6 million for the two lawyers representing Alfred Jackson, according to court documents. Sharon, Norrine and John Nelson filed memorandums arguing against paying the attorney’s fees of the other three heirs, saying they include unnecessary expenses. Meanwhile, Tyka Nelson and Baker have objected to paying more than $700,000 in attorney’s fees and costs to Stinson Leonard Street, the firm that represented Bremer Trust in its former role as special administrator. Nelson and Baker, through their attorneys, argued that Stinson failed to prove the fees — which represent just a month of work — benefited the estate. Additionally, Nelson and Baker argued, “Stinson has been less than forthcoming” with the heirs since Prince’s death, “and caused confusion among various parties.” In late January, Carver County Judge Kevin Eide appointed Comerica Bank and Trust as personal representative for the estate, and the bank took over Bremer’s duties with the heirs’ unanimous support. But court documents show that’s caused problems, too. In a sworn statement March 10, Sharon Nelson said Comerica hasn’t made good on promises to work with the heirs to ensure Prince’s legacy and distribute the estate quickly. At a Feb. 28 meeting with five of the heirs, Nelson said, Comerica representatives said the bank would be in charge of the estate for 14 years, and “there would be no voice for the heirs and no votes for the heirs.” At one point, she said, “representatives from Comerica spoke very harshly to the [heirs], with one of the bank representatives actually standing up within inches from my face and speaking very aggressively and saying that the heirs have no say in the affairs of my brother, Prince.” What’s more, Nelson continued, Comerica’s representatives “know little if anything about the entertainment industry and even less about my brother’s business specifically.” What the heirs want, Nelson said, is to appoint a committee to make decisions about that estate. It’s not yet clear if the rest agree. Attorneys for Comerica could not immediately be reached for comment. A hearing in the case is scheduled for April 7. [Edited 3/14/17 16:10pm] [Edited 3/14/17 16:11pm] | |
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Well what they should or shouldn't do, I haven't a clue, but from reading that I'm not getting the impression that they want to take their portion of the money and run so that's a plus. I'm sure they all have their own ideas, that's a given. But Comerica will be over the estate for 14 years? Now that I don't understand at all, but then again somebody will have to manage the Estate especially if they are not just dividing up the money and moving on. | |
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morningsong said: Well what they should or shouldn't do, I haven't a clue, but from reading that I'm not getting the impression that they want to take their portion of the money and run so that's a plus. I'm sure they all have their own ideas, that's a given. But Comerica will be over the estate for 14 years? Now that I don't understand at all, but then again somebody will have to manage the Estate especially if they are not just dividing up the money and moving on. -/She seems to think Comerica bank is plotting to take over. I am not sure how that is possible if the bank signed an agreement to allow them to have a say. At some point the probate will end and they will inherit everything so the 14 years puzzles me. Why would the sibs agree to a 14 year contract? The getting the estate settled quickly I doubt that is all on Comerica. Can the legal eagles weight in. Can Comerica take over for 14 years or is Sharon bonkers? [Edited 3/14/17 16:34pm] | |
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