In a highly unusual move, a lawyer is suing a Wayne County probate judge and two court-appointed lawyers, accusing them of looting the estate of the late civil rights icon Rosa Parks.
Attorney Stephen G. Cohen said in court papers that Judge Freddie Burton Jr. conspired with probate lawyers John Chase Jr. and Melvin Jefferson Jr., enabling the pair to rack up more than $507,000 in mostly unnecessary legal fees that drained Parks’ estate of its cash, leaving it $88,000 in debt.
Cohen also said Burton, through secret hearings and improper rulings, allowed the pair to concoct a bogus breach of confidentiality dispute. Cohen said Burton used the dispute to strip Elaine Steele and the Rosa and Raymond Parks institute that she created with Parks of their share of Parks’ property, said to be worth up to $8 million.
“Chase and Jefferson, together with Judge Burton, illegally, maliciously and wrongfully conspired… for the illegal purpose of raiding Mrs. Parks’ estate of its value,” Cohen said in a 38-page probate petition.
He requested a jury trial in probate court and asked Burton to remove himself from presiding over Parks’ estate.
Burton, Chase and Jefferson declined Wednesday to comment on the dispute, the latest twist in a long-running battle that began when Parks’ nieces and nephews challenged the validity of her trust after her death in 2005.
Probate experts predicted Cohen’s move would fail.
“This is out there — this is really, really out there,” said Andrew Mayoras, a Troy probate lawyer and co-author of “Trial & Heirs: Famous Fortune Fights!”
“Disagreeing with and challenging rulings of a judge is one thing; but suing a judge and the attorneys he appointed for their actions is another matter altogether,” Mayoras said, adding that Burton, Chase and Jefferson are highly respected.
Patricia Patterson-Courie, a Clinton Township probate lawyer who taught probate law at the University of Detroit Mercy, agreed.
“This is a difficult allegation to prove and it would be very difficult to produce evidence of a conspiracy,” Patterson said. She said Cohen may simply be trying to force Burton to remove himself from Parks’ estate.
But Larry Dubin, a University of Detroit Mercy law professor, said: “Perhaps judge Burton will feel increasing pressure to recuse himself now that he is being placed in a defensive position.”
Cohen said he also wants Burton, Chase and Jefferson to restore all of the money to the estate.
If Burton refuses to recuse himself, Cohen could appeal the decision to Chief Wayne County Probate Judge Milton Mack Jr., to Wayne County Circuit Court and then to state appellate courts.
Court rules make it difficult for lawyers to disqualify judges to discourage forum shopping.
A hearing on Cohen’s requests is set for next Tuesday.
This is the second time in a month that Cohen has accused Chase of misconduct in an estate battle. In April, Cohen file court papers accusing a Detroit law firm and Chase of insinuating themselves into the estate of Don Barden, the late casino mogul. Cohen said Chase and the firm tried to manipulate probate proceedings to rake in excessive fees and got a judge to seal the court file to keep Barden’s siblings in the dark.
Many of Cohen’s allegations were laid out in a series of Free Press stories that began last summer.
Parks became a civil rights hero by refusing to give up her seat to a white man on an Alabama bus in 1955. She and her husband eventually moved to Detroit.
Parks, who had no children, set up an estate plan to give the bulk of her personal and intellectual property to the Rosa and Raymond Parks Institute for Self Development and Steele, her longtime assistant and caregiver. Parks’ estate plan called for Steele and retired 36th District Court Judge Adam Shakoor to handle the estate.
But that didn’t happen.
After Parks’ 13 nieces and nephews contested her estate plan, Burton appointed Chase and Jefferson to take charge.
Steele, the institute and the relatives settled their differences in a confidential agreement that gave the relatives 20% of Parks’ property and royalties from licensing her name. The rest went to the institute and Steele.
Although the agreement called for Burton to put Steele and Shakoor back in charge of the estate, Cohen said Burton refused, allowing Chase and Jefferson to continue to run up huge legal bills.
After most of the estate’s cash was gone, Cohen said, the lawyers accused Cohen of disclosing part of the confidential agreement. That prompted Burton to strip Steele and the Institute of their share. He indicated he planned to give their stake to a charity of his choosing.
Guernsey’s Auctioneers of New York City is trying to sell Parks’ belogings to an institution that can put them on public display.
Chase and Jefferson have denied any wrongdoing and the Michigan Court of Appeals ruled that the fees were proper and that they alone were responsible for recognizing the value of Parks’ possessions.
Last summer, Cohen asked the Michigan Supreme Court to overturn the appeals court ruling.
In December and again in January, the high court ordered Burton to put Steele and Shakoor back in charge of the estate.
Although Burton reinstated Steele and Shakoor, Cohen said that the judge has refused to give them control over Parks’ property, and has allowed Chase and Jefferson to ding the estate for an additional $120,000 in legal fees.
Contact David Ashenfelter: dashenfelter@freepress.com
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