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Dispute deepens over Ernie Banks' posthumous wishes

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Chicago Cubs Hall of Famer Ernie Banks told a Tribune reporter on the eve of his 65th birthday that when he died he wanted his body cremated and his ashes scattered over Wrigley Field "with the wind blowing out."

Now, three weeks after Banks suffered a fatal heart attack at 83, a dispute involving his posthumous wishes deepened Monday as the slugger's adult sons accused Banks' longtime caregiver, Regina Rice, of coercing him into signing a will that gave her control of his estate.

In a written statement issued Monday evening, Rice said that Banks had entrusted her to carry out his wishes after his death and that "I am determined to do just that."

Meanwhile, Banks' fourth wife, Elizabeth Banks, who was estranged from the former Cubs star at the time of his death and living apart in their home in Marina del Rey, Calif., has filed a petition in Cook County Probate Court to prevent Rice from having his body cremated.

Additional court records show that Banks had filed for divorce from his wife in June 2012, citing mental cruelty, and that the court fight remained ongoing at the time of his death.

The developments set up what could be an ugly, three-way fight in probate court over Banks' estate, including rights to his memorabilia, business and charity entities, and other personal assets.

Banks' sons, Joey and Jerry, alleged that three months before their father died, Rice took advantage of his weakened physical state and got him to sign all of his assets over to her.

"My father was ill at the time she had him sign a will and I believe coerced him to give all of his assets to her," Joey Banks said in a statement. "I find it quite interesting that she did not tell anyone that she had an attorney write up a new will."

The sons said Rice made it difficult for them to speak to their father in the months before his death.

"At the funeral of my father, I went out of my way to praise Ms. Rice and her son for helping my father," Joey Banks said in the statement. "What I did not know at the time is that for at least six months prior to my father's death, in my opinion, she was using him, manipulating him and controlled him."

Mark Bogen, a Banks family attorney, said his sons "will vigorously fight and contest this will."

Court records show Rice filed the will in probate court Jan. 29, six days after Banks died.

In a statement emailed by her lawyer Monday evening, Rice said Banks had been an "intricate" part of her life for 12 years and that while she understood his family's concern, the record will "dispel any iota of concern regarding my relationship with Ernie and his trust in me to carry out his wishes," both in his lifetime and after his death.

"He made me promise to adhere to his wishes and I am determined to do just that," Rice said in the statement. "I will not participate in any verbal jousting with Ernie's family or do anything to bring negativity to the legacy of such a dear and honorable and extremely positive man. Ernie would have hated that."

Rice didn't respond to calls seeking additional comment.

Records show Rice, 56, owns a talent management company called Ricer Enterprises LLC, which lists as its address her home in southwest suburban Plainfield.

According to the company's website, services provided by Ricer Enterprises included maintaining a client's business calendar, making travel arrangements, typing and formatting documents. and preparing expense reports.

The company also offers a list of "personal services," including shopping for birthday, anniversary and holiday gifts, planning vacations and shopping "for wardrobe and other personal necessities," according to the website.

In her petition in probate court, Elizabeth Banks said she would "suffer irreparable damage" if Rice succeeds in having the remains cremated, according to the Associated Press.

A document titled "Last Will and Testament" that was signed by Banks Oct. 7 said he was "in the process of finalizing divorce" from his wife and that he had appointed Rice as the executor of his will, according to the AP.

There was no mention in court documents reviewed by the AP that Banks ever officially expressed a desire to have his ashes scattered at Wrigley, where he played his entire 19-year career.

According to Banks' petition for divorce, he married Elizabeth Banks in Barbados in 1997 and had been separated from her since 2007. They had no children together.

The petition by Banks accused his wife of "extreme and repeated acts of mental cruelty" and that "irreconcilable differences" had caused the "irretrievable breakdown of the marriage."

Banks' onetime divorce attorney, Jeffery Leving, said in a telephone interview Monday that regardless of how the case is ultimately sorted out, Banks would have disliked the controversy.

"It's really unfortunate because Ernie was just a really nice guy," Leving said. "I'm sure he would be very upset about all this."

jmeisner@tribpub.com

fmitchell@tribpub.com

Twitter @jmetr22b

Twitter @kicker34

 


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