Bid by King daugh­ter to get med­i­cal records de­nied

The China Post - - ARTS & LEISURE - BY KEN RIT­TER

A U.S. pro­bate court com­mis­sioner in Las Ve­gas de­nied a bid Fri­day by one of B.B. King’s adult daugh­ters to ob­tain the late blues icon’s med­i­cal records from an ex­ecu­tor who she al­leges mis­han­dled her fa­ther’s fi­nances and health be­fore he died.

Patty King can use her po­si­tion as a party in on­go­ing pro­bate pro­ceed­ings to sub­poena the records she wants, Clark County Fam­ily Court Com­mis­sioner Wes­ley Ya­mashita said. He said he didn’t need to is­sue a court or­der.

Brent Bryson, at­tor­ney for B.B. King’s es­tate, told the judge that Patty King was fish­ing for ev­i­dence to sup­port false claims the mu­si­cian’s long­time busi­ness man­ager and power-ofat­tor­ney, LaVerne Toney, looted his ac­counts and has­tened his death on May 14 at age 89. Toney is now ex­ecu­tor of the es­tate.

“Things are go­ing along smoothly, the way they’re sup­posed to,” Bryson told Ya­mashita. “If they want to fish for some­thing, they need to do it in a dif­fer­ent way.”

Lawyer Larissa Dro­hoby­czer, rep­re­sent­ing Patty King, in­sisted her client wants the records be­cause she doesn’t trust Toney.

“It’s not nec­es­sar­ily that she caused his death,” Dro­hoby­czer told Ya­mashita, “but that she breached her fidu­ciary duty as power-ofat­tor­ney.” Dro­hoby­czer has said she thinks the es­tate is worth be­tween US$5 mil­lion and US$10 mil­lion.

Bryson has said an ac­count­ing of King’s as­sets, roy­al­ties, busi­ness and prop­erty hold­ings is still be­ing con­ducted. He hasn’t put a fig­ure on the to­tal.

B.B. King died of nat­u­ral causes, Bryson said Fri­day, and Toney is car­ry­ing out King’s own wishes not keep his pri­vate af­fairs pri­vate.

The lawyer for the es­tate noted that sep­a­rate in­ves­ti­ga­tions by po­lice and a county el­der wel­fare agency in the months be­fore King died failed to turn up ev­i­dence that King was abused or ex­ploited.

Re­views by three doc­tors, in­clud­ing King’s per­sonal physi­cian, found that he was prop­erly cared-for be­fore he died af­ter sev­eral days of home hos­pice care, Bryson said.

An au­topsy by the Clark County coro­ner found no ev­i­dence to prove al­le­ga­tions by Patty King and her sis­ter, Karen Wil­liams, that their fa­ther had been poi­soned.

King died of Alzheimer’s dis­ease, plus phys­i­cal con­di­tions in­clud­ing coro­nary dis­ease, heart fail­ure and the ef­fects of Type 2 di­a­betes, the coro­ner found.

B.B. King was sur­vived by 11 adult chil­dren, and fam­ily mem­bers count 35 grand­chil­dren. Sev­eral lent sup­port to a failed court ef­fort to block Toney’s ap­point­ment June 25 as ex­ecu­tor of the es­tate.

Patty King and her son were the only fam­ily mem­bers at Fri­day’s hear­ing.

Out­side court, Dro­hoby­czer char­ac­ter­ized Ya­mashita’s rul­ing as a set­back on a pro­ce­dural is­sue. She and Patty King promised to keep fight­ing to get the med­i­cal records.

AP

In this Aug. 22, 2012 file photo, B.B. King per­forms at the 32nd an­nual B.B. King Home­com­ing in Indianola, Mis­sis­sippi.

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