New suit further entangles Hernandez’s $1.3M estate
The mother of Aaron Hernandez’s daughter is suing the estates of three men her fiance was accused of murdering in the hopes of ensuring her child benefits from the sale of the former Patriot’s North Attleboro mansion — money the grieving families are counting on recovering with their wrongful-death actions.
The suit was filed in Bristol Superior Court in Taunton by Shayanna Jenkins Hernandez on behalf of 5-year-old Avielle Hernandez. It requests a jury trial and a judgment on whether a declaration of homestead the Pro Bowl tight end obtained for his $1.3 million home on Oct. 31, 2013, four months after his arrest for Odin Lloyd’s homicide, is still in effect despite the fact that he has been dead for nearly a year and his fiancee and daughter now live in Rhode Island.
The 2011 Massachusetts Homestead Act protects up to $500,000 of a property’s equity from landing in the hands of creditors.
“Mr. Hernandez agreed to sell the residence several years ago, but nowhere did Mr. Hernandez agree to waive the homestead exclusion,” the complaint reads. It also points out that Jenkins Hernandez and Avielle “moved out of the residence to facilitate” its court-ordered sale, but that “does not constitute abandonment of homestead.”
The child’s attorney, George Leontire, told the Herald, “The complaint speaks for itself. Avielle is entitled to the homestead exemption.”
Relatives of murder victims Lloyd, Daniel de Abreu and Safiro Furtado have outstanding wrongfuldeath lawsuits against the estate of Hernandez, who committed suicide in his prison cell last April.
A declaratory judgment would clear up what Avielle Hernandez’s rights are going forward as her father’s sole heir.
“I think, for our clients, it’s a legal issue that needs to be sorted out,” said attorney William T. Kennedy, who represents Abreu’s and Furtado’s families. “We’re not reliving the tragedy that occurred to our clients, but we realize there are some issues here and contentions. It’s complicated.”
Bristol Probate and Family Court Judge Richard J. McMahon has ordered that $500,000 from the sale of the house be set aside in escrow for Avielle “until a determination is made by the Bristol Superior Court as to whether the Homestead remains in effect for the benefit of Avielle Hernandez,” according to documents filed with the Bristol Registry of Deeds.
Hernandez was acquitted of killing Abreu and Furtado days before his own death. His suicide wiped clean his 2015 conviction for murdering Lloyd because the case was still under appeal.
In other developments, a Bristol Superior Court judge has ordered the Department of Correction to turn over to Leontire an extensive list of evidence as part of his probe into Hernandez’s hanging, stating the information “is needed.” The evidence Leontire has asked for includes a “special enemy list,” video from Hernandez’s housing unit at the SouzaBaranowski Correctional Facility in Shirley, a visitor log and any “writings” Hernandez amassed while incarcerated.