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2t0-335-2190
210-335-2029 Fax
March 9,2015
Phil Hardberger
Cox Smith Matthews IncorPorated
Il2E. Pecan ST. #1800
San Antonio, Texas 78205
Arthur H, Bayern
Langley & Banack, Inc.
745 E, Mulberry #900
San Antonio, Texas 78212
RE: Tom Benson (2011) vs. Tom Benson (2014)
What is this litigation? It is Tom Benson (2011) versus Tom Benson (201a). He is at war
with himself. No one is trying to "tahe' anything, He, Tom Benson (2011) already dedicated the
bulk of his wealth. Everything is in the I.T. he, Tom Benson (2011), created. Now, Tom Benson
just like all
(2014) changed his mind. Who cares why. But, he cannot. Big businessmen are still
of us and cannot jgst sign whatever they want and think if it goes south "I'll just litigate." I've
now read the I.T. It does not take us lawyers to comprehend. It is a complex tax motivated I.T'
that, if broken, makes the IRS ones equity partner in death. You don't need to protect it any more
than you need to keep his heirs from "attacking" him. The I,T, may place the sports team's
ownership beyond a change of mind. That's why Tom Benson is not directly challenging his own
creation. How can he? Duress, undue influence, the IRS, made me do it. . .. Assuming the I.T' is
an immovable force, it is not under attack fi'om the benefrciaries but from ,., Tom Benson (2014)
who, himself, may even be an indornitable force, Still it is an impasse. You don't need to do
anything, nothing can come ftom nothing, You should just wait'
File your 30 day report without requesting expensive assessments, valuations... Those
don't add value. Be alert for attempts to raid the Shirley Benson Trust further and stand your
ground, but otherwise do nothing. You've had the money and records tetutned, you've reassured
the employees they'll see next Cluistmas and the New Year. Mission Accomplished.
You also don't need to litigate and stop the asset swap. It likely cannot happen. The
sporls tearr's value is increasing too fast and is too high compat'ed to the remaining wealth. As
you point out, you cannot take the very assets in the LT., layer over some promissory notes, and
call it an equal asset switch. The trustee doesn't need receivers to stop him. The beneftciaries sue
and you.just monitor.
If the parties wish, I'll replace receivers with an agreed trustee or if the Benson lawyers
will leveal what they'll do during Benson's life, about the I.T,, then perhaps progress. Until then,
just go dormant. Await the New Orleans' result (which may not resolve your problem) and
monitor the Tom Benson (2011) versus Tom Benson (201a) suit. I doubt they'll mediate. When
Tom Benson passes, the I.T. dictates the team owners to be the beneficiaries. Until then, millions
in wasteful attorney fees can be consumed yet obtaining the same result. Fiowever, that will not
be caused by the receivers. Submit your current bill and 30 day report, then stop' Send me a copy
of your f,rlings directly. It takes 4 days to get these documents from the probate clerk's office via
e-filing.
Phil, I just received your trip dates. Schedule as you wish. I clon't plan to set anything'
Enjoy your practice,
Torn Rickhoff
Judge, Probate Court 2
cc: David Beck (Via E-mail: clbeck@beckreddcn.com)
Troy Ford (Via E-mail : tf'ord@beokredden'com)