Battle Contesting Rosa Parks’ Will To Continue In Probate Court
A probate judge has rejected a last-minute motion to dismiss the Rosa Parks will contest case. The civil rights icon’s 13 nieces and nephews are contesting her 1998 will. They claim that Elaine Steele, her caregiver and longtime companion, unduly influenced Parks when she was making her will.
Rosa Parks passed away on October 2005. She left nearly all of her assets to Rosa and Raymond Parks Institute for Self-Development, a nonprofit organization that she founded in 1987 with Steele. The organization inspires young people to pursue an education. Steele, an institute officer, was granted power of attorney for Parks, the same year that Parks signed her will.
According to Parks’ nieces and nephews, they believe that Steele got Parks (who was suffering from dementia) to sign the will, which basically left them powerless to decide how their aunt’s likeness would be used. They were also cut off from receiving any profits earned from the licensing of her likeness and name. Her nieces and nephews say that placing their aunt’s image in the wrong hands could ruin her legacy. According to their attorneys, Steele has been unwilling to answer any questions about the estate or account for the institute’s activities.
While Parks’ estate is not necessary worth millions, the marketing rights to her image and likeness could be worth millions of dollars over the next several decades. Since she passed away, her likeness has already been used in Apple Computer and Chevrolet advertisements. Jury selection is scheduled to begin tomorrow.
In 2006, a probate judge issued a temporary restraining order preventing the institute from forming a contract with anyone to market Parks’ image or likeness. Any proceeds from these kinds of arrangements must be turned over to trustees for the estate that the court has appointed.
All of Parks’ possessions at the institute, as well as at her condominium, have been catalogued. Parks’ cousins are accusing Steele of being negligent with their aunt’s possessions. They say that historic memorabilia could be lost or damaged as a result.
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Rosa Parks is famous for starting the modern civil rights movement in 1955 in Montgomery, Alabama, when she refused to surrender her bus seat to a white person.
Contesting Wills:
A will can be contested for a number of reasons, including the following:
· The will is fraudulent and therefore not valid.
· The person who wrote the will was not of sound mind at the time he or she signed the will
· The decedent was unduly influenced by another person at the time the will was made and signed
· There is more than one will and a later version exists than the will that is being contested
· The will was not properly or legally witnessed when signed
At Sagaria Law, P.C., our estate planning attorneys can help you make your will to ensure that it is correctly drafted and signed. If you are someone who would like to contest the validity of a will, we can represent you in this matter also. We also handle probate guardianships, living trusts, living wills, and other estate planning matters. To schedule your free consultation with one of our estate planning attorneys, contact Sagaria Law, P.C. today.
Sagaria Law P.C. represents clients in the cities of Monterey, Fremont, San Jose, Campbell, Pacific Grove, Oakland, Berkeley, as well as from other cities in Monterey County, Alameda County, and Santa Clara County. Contact Sagaria Law, P.C. today.
Trial over Rosa Parks' will to proceed, Detroit Free Press, February 15, 2007
Millions at stake in name of Parks, Detroit Free Press, January 29, 2007
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