Judge Expected to Rule for Crump’s Attorney : Gathers’ aftermath: L.A. probate court appears set to give Philadelphia lawyer control of estate.

Philadelphia attorney Martin Krimsky is expected to be appointed as the special administrator in California of Hank Gathers’ estate by a Los Angeles probate court today.

A legal battle surrounding Gathers’ death began this week with attorneys representing the Gathers’ family and Gathers’ son fighting to be appointed to administrate the estate, which at this time has little value.

Gathers, the former Loyola Marymount basketball star, collapsed during a game March 4 at Gersten Pavilion and died shortly after.

Tuesday’s hearing, held in closed chambers, was a result of a petition requesting that Gathers’ brother, Derrick, be appointed administrator.

Arguing against that petition was Krimsky, who already has been appointed administrator of the estate by a Pennsylvania court. He received the appointment at the request of Marva Crump, the mother of Gathers’ only child, 6-year-old son Aaron Crump, who was born out of wedlock.

Commissioner Robert J. Blaylock of Los Angeles probate court is expected to announce his decision this morning. Attorneys representing each side, however, said Tuesday that Krimsky would be appointed.

Bruce Fagel, a Beverly Hills attorney representing the Gathers--mother Lucille, brothers Derrick and Charles and Lucille’s sister, Carol Livingston--said Tuesday during a news conference that he does not believe that Aaron Crump is the sole heir to the estate.

He said that Derrick Gathers should be appointed as administrator because he best knows what Hank Gathers intended if he became an NBA star.

Derrick Gathers, also attending the news conference, said the family plans to take care of Aaron the way Hank “would have wanted.”

Krimsky’s appointment will allow him to file claims and act on behalf of the Gathers’ estate in California. Krimsky would serve in that capacity until a general administrator is appointed, which is expected to be decided April 16.

Krimsky and Derrick Gathers have filed petitions in Los Angeles requesting to be appointed general administrator.

The issue of who is administrator is pertinent because it will determine which attorney has power to authorize lawsuits filed on behalf of the estate. That could be important if film rights or publication rights to the story of Gathers’ life are sold.

Not all lawsuits, however, need the authorization of the administrator. Those affected in wrongful death suits are entitled to file separate claims. In California, wrongful death suits cannot be filed by the estate. The estate can file survivor claims. If a suit existed before a death, the estate could continue the action.

Generally, if wrongful death suits are in the interest of family members, they file the same claim. And in California, wrongful death suits, no matter how many heirs join in, are usually consolidated and one verdict is returned.

Times staff writer Elliott Almond contributed to this story.