Tom Benson: Treated Unfairly?

On February 9, Bear County Probate Judge Tom Rickoff ordered that two receivers take control of Tom Benson’s Texas-based fortune—a move that has not occurred more than a dozen or so times in the past thirty years. 

This order sparked concern because it was based upon only a slight finding that Tom Benson is “stressed” by the pressures of sports fans and media scrutiny attendant to the probate proceedings, rather than probable cause or credible evidence of actual incompetence.  Neither the United States Constitution, nor the Texas Estates Code allow this kind of overreaching by the courts, which deprives citizens of liberty or property without due process of law.  Yet, Judge Rickoff cites a two-day hearing to justify the extraordinarily rare act of ordering a receivership over the 87-year-old’s fortune. 

The receivers confirm the premature nature of Judge Rickoff’s unprecedented decision, stating that their immediate plans include “deciding whether the assets are in any danger.”  Not only could this suggest that receivership was an abuse of discretion, but Benson’s attorneys characterize this move as a “fishing expedition.”

See Candice Schwager, Judge Rickoff’s Unprecedented Receivership Over 87-Year Old Tom Benson’s Fortune, Examiner, Feb. 22, 2015.

Special thanks to Brian Cohan (Attorney at Law, Law Offices of Brian J. Cohan, P.C.) for bringing this article to my attention.