Mother, father battle over control of Sam DuBose estate

A battle is underway over control of Sam DuBose's estate.

An attorney acting in place of the shooting victim's father has challenged DuBose's mother's application to oversee the estate's interests.

The move comes amid discussions between the University of Cincinnati and attorneys for DuBose’s mother, Audrey DuBose, regarding a wrongful death claim in connection with then-UC Officer Ray Tensing's shooting of DuBose in his car on July 19.

Attorney Blake Maislin has asked Hamilton County Probate Judge Ted Winkler to name him as administrator of Samuel DuBose's estate.

Maislin said in an interview Wednesday outside the courtroom that DuBose's father, Samuel Johnson, is seeking to have Maislin's firm administer the estate. Court documents say Johnson lives in Oakley.

“Our firm has done it before,” Maislin said.

An attorney for Audrey DuBose, Michael Wright, called the action "totally inappropriate."

"This lawyer is trying to throw himself into this situation," Wright said. "Everyone else in the family has agreed that Audrey should be the administrator. ... This is an insult to the family, and is further adding grief while this family is still grieving."

No lawsuit has been filed in connection with Sam DuBose's death, for which Tensing faces a charge of murder. An estate for DuBose, however, was opened in Hamilton County Probate Court to pursue a wrongful death claim.

A settlement in the wrongful death claim could be in the millions of dollars.

Talks regarding that claim are now on hold. An attorney for UC, Nathaniel Lampley Jr., told Winkler that he showed up for Wednesday's hearing to find out who will oversee the estate.

"We need to know who we should be talking to," Lampley said.

Tensing shot DuBose during a traffic stop for a missing front license plate. An independent report, commissioned by UC, said Tensing used poor judgment and “set in motion the fatal chain of events that led to the death of DuBose.”

Wright, Audrey DuBose's attorney, said he believes Samuel Johnson is "unsuitable" to be named administrator of the estate. He would not elaborate.

In Probate Court documents, an attorney representing Maislin alleges that Audrey DuBose is a “gambling addict” who never graduated high school. The documents say that since 2009, she has been living on Social Security Disability payments.

The attorney, Randy Byrd, questioned how she could handle running an estate that could have substantial assets as well as numerous competing beneficiaries. Eleven children were determined to have been fathered by Sam DuBose.

DuBose’s sister, Terina DuBose Allen, broke down in tears when talking to reporters about Johnson. She said he had abandoned his children and was someone “I don’t know.”

Out of nowhere, she said, “he shows up and disparages my mother.”

"This shouldn't happen to anybody," Audrey DuBose said.

A hearing set for Wednesday to sort out the issue was delayed until Oct. 27.