Legal Battles Continue for MLK Estate Due to Lack of Planning
Posted by Jason Martin, Esq. on Thu, Dec 15, 2011
The legacy of Martin Luther King, Jr. is undeniably great. In recent years, however, his legacy has been slightly marred by bitter fighting and legal battles amongst his heirs. Reverend King, it turns out, made the same mistake as many Americans – he put off his estate planning, and he ultimately died without a Will.
King’s heirs formed a Georgia corporation to manage the estate several years ago, and they fought bitterly over control of the corporation. The King children were eventually able to reach a settlement, but that doesn’t mean the legal battles are finished. The King Estate Corporation is notorious for suing others for control of the MLK brand, including a lawsuit against CBS for having used King’s “I Have a Dream” speech.
Recently, The Estate of Martin Luther King, Jr., Inc. has filed a federal lawsuit against Howard Nelson Ballou, a television news anchor in Mississippi, claiming that Ballou has possession of historic, irreplaceable documents belonging to King. The documents in question include letters, a sermon, newsletters, photographs and a handwritten letter from Rosa Parks. Attorneys for the King Estate estimate the value of the documents to be approximately $75,000.
Ballou’s parents, Leonard and Maude, were both close friends of Rev. King and his wife, Coretta Scott King. Maude worked as King’s personal secretary in the 1950s. According to Forbes magazine, “she helped him research, type and edit his speeches, answered his mail and made his travel arrangements. She says that, through her relationship with King, he gave her the documents.”
Maude Ballou is now 86 years old. She has given a sworn statement that it was King’s intention for her to keep the documents in question by giving them to her at various times and telling her, “Maude, this is for you.” She says that she has always considered the writings to be her personal belongings, and Dr. King never asked for any of the documents back before his death in 1968.
Maude’s husband stored the documents at a university in North Carolina, where he worked until his death. The university found the documents in 2007 and gave them to Howard Nelson Ballou. A local newspaper mentioned the discovery of the documents in 2010, and the King heirs took notice.
Howard Ballou is attempting to end the lawsuit by filing a motion for dismissal based on his mother’s sworn statement. The King Estate opposes the motion, claiming that the case cannot be dismissed before Maude Ballou can be questioned in a deposition. The lawyers for the estate argue that any documents Maude received as an employee of King may not qualify as gifts. The judge has yet to rule on the dismissal request.
The question comes down to what Rev. King intended when he gave the documents to Maude. Were they meant to be gifts, or were the documents simply given to her as an employee to hold on to? Without input from King himself, it is very difficult to know.
These types of lawsuits involving gifts, verbal promises and questions about one’s intentions arise all the time. They involve families of all different income levels and backgrounds, but there is often one commonality: someone who has passed away failed to make his or her intentions clear in a Will or trust.
Rev. King could have clarified his intent very easily by creating even a simple Will, but, like many Americans, he procrastinated with his estate planning until it was too late. If King would have created a basic Last Will and Testament before he died, he could have hand-picked individuals to manage his estate and specified to whom his property should be distributed. Instead, as a result of his failure to plan, fighting among his children and legal battles continue to play out more than forty years after his death.
Take Care of Your Estate Planning Now
There is a good lesson for families here. Take care of your estate planning with the help of an experienced estate planning attorney before it's too late. Not only can you hand-select the person(s) you want to manage the assets you've collected over your lifetime, but you can also spare your family from bitter arguments and unnecessary and expensive Orphans' Court litigation by simply documenting your intentions clearly.
Jason Martin, Esq. is an experienced PA estate planning attorney serving residents of Norristown, Lansdale, Blue Bell, King of Prussia and the rest of Montgomery County. The Martin Law Firm, located in Blue Bell, PA, also regularly assists personal representatives and executors with the Pennsylvania probate process and other estate administration matters. Contact The Martin Law Firm today for a free consultation.