View Player Bio from the SABR BioProject. Interestingly, the new law was passed last year, but only became effective as of January 1, 2015. The Banks' family attorney says his children plan to vigorously contest the will. CHICAGO -- Ernie Banks, the beloved Cubs great who once said he wanted to have his ashes scattered at Wrigley Field, is at the center of a battle over his remains, as his estranged wife has gone to court to prevent a longtime friend of "Mr. Cub" from having his remains cremated. The documents include a petition for divorce, signed by Ernie Banks, in which the Hall of Famer seeks to end his marriage because "irreconcilable differences have caused irretrievable breakdown of the marriage" and that Elizabeth Banks had "committed extreme and repeated acts of mental cruelty upon petitioner (Ernie Banks).".
He began his career earning seven dollars a … Included in the file are documents in which Rice claims Ernie Banks was attempting to end his marriage to Elizabeth Banks, his fourth wife. The facts that Ernie Banks had dementia and completed the changes to his estate only three months before he died make the dispute even murkier. Indeed, because Rice was in a position of trust over Banks -- as his caregiver and agent both -- the law will actually assume on a preliminary basis that she did exercise undue influence. He planned for the future and lived comfortably; during the 1960s, Cubs owner P.K. This means any wills done late in 2014 -- like the will of Ernie Banks -- do not fall under the new law. In other words, she will have to prove that she did not commit undue influence, rather than the children having to prove she did do so. "Petitioner (Elizabeth Banks) is without recourse and shall suffer irreparable damage should Regina's desires to cremate the remains of the decedent be granted," she wrote.
However, a person who answered the phone at Graceland but declined to give her name said Banks is not buried there. The best way to prevent an estate battle from happening in your family is with good estate planning done before someone has dementia or a question of mental incompetence. The new documents left his caregiver and talent agent, Regina Rice, in control of everything. This means that Rice would stand to inherit not only whatever assets and wealth Ernie Banks accumulated during his life (figures haven't been revealed yet), but the right to control (and profit from) his name, likeness, and image, as well.
He began his career earning seven dollars a day in the Negro Leagues, before crossing the color barrier and becoming the Chicago Cubs' most popular player ever. Ernie, she said, exuded class despite going to college in what really was a segregated city.
The dispute involving the most famous player in Cubs history was confirmed Friday by Howard Golden, an attorney representing the estranged wife, Elizabeth Banks. These cases are rarely clear-cut. A judge authorized the wife of late Cubs Hall of Famer Ernie Banks to file new causes of action against the woman alleged to have been Banks' caregiver at the end of his life.
While certainly there are often good reasons for changes to wills and trusts later in life, when someone is cut out by a person diagnosed with dementia -- especially when the person who benefits from the change is a caregiver -- an inheritance fight is certain to follow. The attorney for Ernie Banks' wife says the late Chicago Cubs great's longtime caretaker hasn't turned over all pertinent financial information about his estate. Only three months before he died, Banks signed a new set of estate planning documents, including a power of attorney, healthcare directive, new will, and a trust. Banks' wife, Liz, was originally awarded control of his estate after she said a will didn't exist, but Rice filed a petition days later with proof of an existing will.
Banks' children have vowed to go to court to keep that from happening. When we’re not writing, we are juggling our law practice, our three amazing kids, speaking events, and our media appearances.
We use these stories to teach lessons so you don't make errors when planning for your heirs.
Interestingly, his death certificate listed dementia as a "significant condition contributing" to his death. We are a husband-and-wife team, combining our backgrounds as estate planning and probate litigation attorneys to write about celebrity estates, wills, and trusts, along. Why is that important? Fame shortstop, and universally-loved Mr. Cub, Ernie Banks has adopted a baby that is one week old. " The shortstop and first baseman played his entire 19-season career with the Cubs from 1953 to 1971.
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But over the years, families of devoted fans have slipped into the ballpark to scatter the ashes of loved ones who spent their lives rooting for the Cubs and Banks, who on at least one occasion years ago, famously told a local newspaper reporter that after he died he wanted "my ashes spread out over Wrigley Field -- with the wind blowing out.".
Widely beloved in Chicago and the baseball world, Ernie Banks -- a/k/a Mr. Cub -- rose from humble beginnings. Strangely, the will and trust completely excluded his family members and named Rice as his sole beneficiary. "It's unfortunate.". While the outcome of this case is very much in doubt at this point, one thing is clear. Widely beloved in Chicago and the baseball world, Ernie Banks -- a/k/a Mr. Cub -- rose from humble beginnings. Even though the couple was estranged and living apart, in the midst of divorce proceedings, Banks' wife still was considered to be his next of kin, thereby giving her the right to control his burial arrangements. The fight over controlling his image and inheriting his assets will be much more complex and drawn out than the battle to bury the baseball legend. The 77-year-old Banks and his wife have adopted a baby girl. According to Golden, Ernie Banks is buried at Graceland Cemetery, just blocks from Wrigley Field. as the probate estate of the late “Mr. Ernie Banks was diagnosed with dementia days before he signed a will that cut out his family and left everything to his caretaker, Banks' estranged wife says We cover celebrity fortune fights & more - www.DanielleandAndy.com, Live: What The Presidential Election Results Mean For Your Money, EY & Citi On The Importance Of Resilience And Innovation, Impact 50: Investors Seeking Profit — And Pushing For Change.
They believe that Rice coerced their father to sign the new estate planning documents, by controlling and manipulating him. They believe that Rice used her position of trust and confidence to take advantage of Banks' dementia to their detriment. They also say that in the months leading up to his death, Rice prevented them from speaking with their father by phone. In fact, the documents expressly stated that no provisions were being made for Bank's estranged wife (against whom he had filed for divorce) and also cut out his three adult children from a prior marriage. Ford Motor Elizabeth Banks has successfully thus far prevented the body from being cremated, Golden said. He played golf regularly with his twin sons, Joey and Jerry, and tasted the creations of his daughter Jan, a local chef.
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