Legal Maneuvering Starts in Gathers Case : Aftermath: Lawyers meet in L.A. probate court without resolving issues and jurisdiction surrounding estate.

The legal aftermath surrounding Hank Gathers’ death officially began Monday in a Los Angeles probate court, as lawyers pitted grandmother against grandson in an attempt to determine who should manage Gathers’ estate, assuming there will be one.

Gathers, who collapsed March 4 while playing in a Loyola basketball game at Gersten Pavilion and died about two hours later of a heart disorder, was reared in Philadelphia. But because his death and the circumstances surrounding it occurred in Los Angeles, the legal procedures and developments are compounded.

Jurisdiction--the determination of where Gathers lived and the geographical limitations a Pennsylvania or California state appointed administrator has--appears to be the major factor in this petition brought to court Monday. But it clearly is not the only issue.

The Register of Wills in Pennsylvania has appointed Martin Krimsky, a Philadelphia attorney, as the administrator of Gathers’ estate. Krimsky was named administrator at the suggestion of Marva Crump, the mother of Gathers’ 6-year-old son Aaron.

Aaron, who lives with Crump in Philadelphia, was born out of wedlock. The Pennsylvania court recognized Aaron as the sole heir of the estate and therefore appointed Krimsky.

But Gathers’ mother and one brother, Lucille and Derrick Gathers, are petitioning that Derrick be appointed the administrator. The hearing on that request is set for April 16.

Meanwhile, the Gathers’ counsel is requesting Derrick be appointed administrator temporarily, with letters of special administration. The hearing of that request began Monday.

The issue of who is administrator is pertinent to which attorney will have the power to authorize suits filed on behalf of the estate. Wrongful death suits and other types of legal action are expected to be filed by those representing the Gathers’ family and Aaron Crump.

Special or limited letters would give Derrick Gathers temporary authority to determine what legal action is taken in California.

However, the petition filed on behalf of Derrick and Lucille Gathers raised an additional issue of whether Aaron Crump is the heir to his father’s estate.

Monday, on what appears to be the first of many confrontations, attorneys for both sides entered the courtroom, and took seats on opposite sides of the room.

Derrick Gathers sat with Bruce Fagel and Fagel’s assistant and wife, Trudy Miller. Fagel, a Beverly Hills attorney hired by the Gathers’ family shortly after Gathers died, had previously announced plans to file suit over Gathers’ death.

For purposes of this petition, the Gathers’ hired Terry Nunan, a probate attorney with the firm Buchalter, Neimer, Fields and Younger in Los Angeles.

Krimsky sat with Adrian J. Moody, the Philadelphia attorney hired by Marva Crump to represent Aaron’s interests. Krimsky has also joined with Moody in representing Aaron.

For this petition, Krimsky hired Michael Marcus, a Century City attorney with the firm, Coleman and Marcus, to represent him.

When the case was called, Krimski, Marcus and Nunan approached the bench. But after about five minutes, Judge Robert J. Blaylock raised a question regarding Aaron as the heir.

“Is there a question here that Aaron is the heir?” Blaylock asked.

“We are not certain that the child is the heir,” Nunan said. “There is no dispute (Aaron) is the illegitimate child. We do not know if he is the heir.”

Krimsky then asked Nunan if he was denying or admitting that there is a parent-child relationship.

Nunan replied: “It’s not for us to decide, it’s for the court to decide.”

Blaylock adjourned the hearing until today at 10:30 a.m., when the parties will meet in the judge’s chamber. Meanwhile, he ordered the attorneys to try and settle the matter by discussion.

Nothing was settled.

The petition of letters of special administration, filed March 19 and signed by Derrick and Lucille Gathers, appears contradictory. While it concedes that Aaron Crump is Gathers’ son, it also states that Gathers is survived by no “issue”--a legal term for child.

The petition also states that Lucille and Derrick Gathers may know that a parent-child relationship “may have existed.”

“In seeking the letters of administration, Derrick and his mother have taken the position in which they question the rights of Aaron,” Krimsky said. “It is our job to protect Aaron’s rights.

“Since they are questioning the rights of Aaron, I ask you, how can Derrick act on behalf of Aaron’s rights? Would you want someone to represent you who is questioning your rights?”

Nunan says that he is not arguing the issue of Aaron as an heir but rather who should be the administrator.

“The petition was filed to grant Derrick letters of special administration,” Nunan said. “We believe the estate should have an administrator who lives in California. Later, the courts can decide the heir or heirs of the estate.”

In related developments, Moody and Krimsky filed a summons against Loyola Marymount Friday in Philadelphia. The summons notifies Loyola only of the intention to file suit. The claims have not yet been established.

Moody and Krimsky said they do not have plans to file a summons against other parties at this time.