And so it begins...

 

Mother, father battle over control of Sam DuBose estate

 

A battle is underway over control of Sam DuBose's estate.

 

An attorney acting in place of the shooting victim's father has challenged DuBose's mother's application to oversee the estate's interests.

 

The move comes amid discussions between the University of Cincinnati and attorneys for DuBose’s mother, Audrey DuBose, regarding a wrongful death claim in connection with then-UC Officer Ray Tensing's shooting of DuBose in his car on July 19.

 

Attorney Blake Maislin has asked Hamilton County Probate Judge Ted Winkler to name him as administrator of Samuel DuBose's estate.

 

Maislin said in an interview Wednesday outside the courtroom that DuBose's father, Samuel Johnson, is seeking to have Maislin's firm administer the estate. Court documents say Johnson lives in Oakley.

 

“Our firm has done it before,” Maislin said.

 

An attorney for Audrey DuBose, Michael Wright, called the action "totally inappropriate."

 

"This lawyer is trying to throw himself into this situation," Wright said. "Everyone else in the family has agreed that Audrey should be the administrator. ... This is an insult to the family, and is further adding grief while this family is still grieving."

 

No lawsuit has been filed in connection with Sam DuBose's death, for which Tensing faces a charge of murder. An estate for DuBose, however, was opened in Hamilton County Probate Court to pursue a wrongful death claim.

 

A settlement in the wrongful death claim could be in the millions of dollars.

 

Talks regarding that claim are now on hold. An attorney for UC, Nathaniel Lampley Jr., told Winkler that he showed up for Wednesday's hearing to find out who will oversee the estate.

 

"We need to know who we should be talking to," Lampley said.

 

Tensing shot DuBose during a traffic stop for a missing front license plate. An independent report, commissioned by UC, said Tensing used poor judgment and “set in motion the fatal chain of events that led to the death of DuBose.”

 

Wright, Audrey DuBose's attorney, said he believes Samuel Johnson is "unsuitable" to be named administrator of the estate. He would not elaborate.

 

In Probate Court documents, an attorney representing Maislin alleges that Audrey DuBose is a “gambling addict” who never graduated high school. The documents say that since 2009, she has been living on Social Security Disability payments.

 

The attorney, Randy Byrd, questioned how she could handle running an estate that could have substantial assets as well as numerous competing beneficiaries. Eleven children were determined to have been fathered by Sam DuBose.

 

DuBose’s sister, Terina DuBose Allen, broke down in tears when talking to reporters about Johnson. She said he had abandoned his children and was someone “I don’t know.”

 

Out of nowhere, she said, “he shows up and disparages my mother.”

 

"This shouldn't happen to anybody," Audrey DuBose said.

 

A hearing set for Wednesday to sort out the issue was delayed until Oct. 27.

This Wright fella has his work cut out for him. Have to consider Blake "The Attorney" Maislin the favorite after his beat down of Rob U. Insurance.

But seriously, sad situation all around...

UC reached an agreement with the family.

 

$4.85M plus tuition for his children.

 

UC, Sam DuBose family reach settlement

UC reached an agreement with the family. $4.85M plus tuition for his children. UC' date=' Sam DuBose family reach settlement[/url']

 

Crazy numbers but glad his kids will get free school.

I'm happy that one of his kids has been put in charge of his estate rather than his parents. It seemed like each one was only out to get a hold of whatever settlement the city offered.

Family of Sam DuBose fights over $4.85 million settlement | WKRC

 

CINCINNATI (WKRC) - Sam DuBose's family appeared in court April 13. This time, they are not concerned with the former UC officer charged with shooting and killing their family member. They're fighting over millions of dollars awarded in his death.

In court, there were nineteen attorneys representing more than a dozen family members of the late Samuel DuBose. DuBose was shot and killed by former University of Cincinnati police officer Ray Tensing last summer.

 

The university subsequently agreed on a settlement with the family for $4.85 million. The problem is, there are a lots of members of that family, and they all want a piece of that settlement.

 

 

DuBose has 13 children, seven of whom are adults. Attorneys for the younger children argued that the kids deserve a larger portion of the money.

 

Then there are the parents of Samuel DuBose. Her lawyers say that she has suffered the biggest loss here and deserves the majority of the share. DuBose's father also stated his case for why he should get just as much as the mother.

 

 

We spoke with the fiancée of Sam DuBose, who called this one big circus. One of his young children said he was shocked to see all of these people telling what he called lies, just to get their hands on some money.

Lots of attorneys are about to make a nice bit of change during what I can imagine will be a delightful afternoon of mediation.

 

This is a terrible profession sometimes. We all have responsibilities to our clients, but at some point you're just enabling people to be awful to each other.

Not surprised by this at all. They're going to jack around and lose it to the attorneys.

Not surprised by this at all. They're going to jack around and lose it to the attorneys.

 

It's amazing how many people will hand over insane amounts of money to lawyers just to have it out with someone they're not getting along with.

 

I do a lot of probate work and I've seen people pay good money during estate settlements to fight about desk lamps or an old coffee table.

Not surprised by this at all. They're going to jack around and lose it to the attorneys.

 

Yep. When all is said and done, Their millions will amount to very little to each family member. Best part of the settlement was free tuition for the kids. That is an investment that has potential to pay off.

How are wrongful death awards distributed in Ohio? In Kentucky, it's pretty simple. By statute, a surviving spouse gets 1/2 and surviving children spilt the other 1/2. If no spouse, children get all. If no children, spouse gets all. This distribution scheme overrides any Will or inheritance laws (if there is no Will).

How are wrongful death awards distributed in Ohio? In Kentucky, it's pretty simple. By statute, a surviving spouse gets 1/2 and surviving children spilt the other 1/2. If no spouse, children get all. If no children, spouse gets all. This distribution scheme overrides any Will or inheritance laws (if there is no Will).

 

Does it matter if the children were not dependents? Not sure if that throws a wrench into things with several baby mommas and some children being claimed and others not? It's going to get ugly and Blake will be the one making the money.

Just shameful. Parents deserve nothing - the man was grown.

How are wrongful death awards distributed in Ohio? In Kentucky, it's pretty simple. By statute, a surviving spouse gets 1/2 and surviving children spilt the other 1/2. If no spouse, children get all. If no children, spouse gets all. This distribution scheme overrides any Will or inheritance laws (if there is no Will).

 

Not set by wrongful death statute; the distribution of the award is governed by Ohio's inheritance laws.

 

However, the wrongful death statute does have these three terrible sentences:

 

"The court that appointed the personal representative, except when all of the beneficiaries are on an equal degree of consanguinity to the deceased person, shall adjust the share of each beneficiary in a manner that is equitable, having due regard for the injury and loss to each beneficiary resulting from the death and for the age and condition of the beneficiaries. If all of the beneficiaries are on an equal degree of consanguinity to the deceased person, the beneficiaries may adjust the share of each beneficiary among themselves. If the beneficiaries do not adjust their shares among themselves, the court shall adjust the share of each beneficiary in the same manner as the court adjusts the shares of beneficiaries who are not on an equal degree of consanguinity to the deceased person."

 

There's no telling what that means.