O.J. Simpson’s Final Days | May 2024
May 2024 | Volume 15, Issue 10
Watch the full video and find the accompanying article from The LA Times.
According to the article, the executor of O.J. Simpson's estate has vowed to fight any attempt to collect the more than $30 million wrongful death judgment won by the families of Simpson's ex-wife Nicole Brown Simpson and her friend Ron Goldman.
The Statement
“It’s my hope that the Goldmans get zero, nothing,” attorney Malcolm LaVergne told the Las Vegas Review-Journal. “Them specifically. And I will do everything in my capacity as the executor or personal representative to try and ensure that they get nothing.”
LaVergne, Simpson's longtime lawyer, was named executor of a trust created in January to hold all the former college and NFL star's property, according to the Review-Journal. Simpson died April 10 of prostate cancer.
LaVergne told the Review-Journal that he specifically wants the Goldman family to get nothing in part because of their actions involving Simpson’s planned book, “If I Did It.”
“If I Did It”
A federal bankruptcy judge gave the rights to the book to Goldman’s family in 2007. It was later published with the subtitle “Confessions of the Killer.” Forbes reported Saturday that the book had reached the top of two of Amazon’s bestseller lists days after Simpson’s death.
Simpson had paid only a small fraction of the 1997 judgment, which has grown to more than $114 million with interest, according to Goldman family lawyer David Cook.
The Criminal Lawsuit against Mr. Simpson
Simpson was charged with killing Goldman and Simpson's ex-wife Nicole Brown Simpson. But he was acquitted in 1995 in a drama-filled and widely broadcast criminal trial that enthralled the nation.
The Civil Lawsuit against Mr. Simpson
The Brown and Goldman families then brought a civil suit against Simpson. In 1997, a jury in Santa Monica found him liable for the deaths, and he was ordered to pay the families more than $30 million in damages. Simpson responded by giving up his Brentwood estate and moving to Florida, in large part to evade paying the civil judgment.
Goldman's family members responded to Simpson's death as “a mixed bag of complicated emotions.”
"For three decades we tirelessly pursued justice for Ron and Nicole, and despite a civil judgment and his confession in ‘If I Did It,’ the hope for true accountability has ended,” Ron’s sister Kim Goldman and father, Fred Goldman, wrote in a joint statement.
Cook, their attorney, said that Simpson “died without penance.”
Mr. Simpson’s Will
The Associated Press recently reported that the will lists Simpson's four children and notes that any beneficiary who seeks to challenge provisions of the will “shall receive, free of trust, one dollar ($1.00) and no more in lieu of any claimed interest in this will or its assets."
“O.J. Simpson’s Attorney Reverses Course on Denying Goldman Estate Claim”
According to the article, in a striking turnaround that caught the attention of both legal enthusiasts and followers of the infamous O.J. Simpson saga, Malcolm LaVergne, the attorney and executor of Simpson’s will, retracted a bold statement regarding the late client’s estate and the longstanding dispute with the Goldman family. This comes after a period of intense scrutiny following O.J. Simpson’s death, a moment that has renewed focus on the unresolved financial matters stemming from the 1997 civil trial verdict.
Initially, LaVergne took a hard line, suggesting that the Goldman family would receive “zero — nothing” from Simpson’s assets. The assertion seemed to reflect a narrative of defiance, in line with the contentious history between Simpson and the Goldmans, particularly with Fred Goldman, who has been unwavering in his quest for justice for his son, Ron Goldman.
Mr. LaVergne’s “Change of Heart”
However, in a conversation with the media, LaVergne exhibited a change of heart, acknowledging that his early statement was influenced by an emotional reaction to Fred Goldman’s immediate response to Simpson’s death. LaVergne was quoted saying, “Within an hour of knowing that O.J. died, he started talking s**t. My advocate instinct was, ‘Oh, you’re gonna keep s***ting on him even after he’s dead? Fine, you know? You get nothing.’ And so, those were my remarks then. But I backtracked, and they were pretty harsh remarks. And now I’m going in the other direction.”
The revised stance taken by LaVergne is significant. He now states, “I can tell you in advance, Fred Goldman’s claim will be accepted. And his claim will be handled in accordance with Nevada law.” This suggests a more conciliatory approach and a willingness to engage with the legal process as dictated by the jurisdiction under which Simpson’s estate will be settled.
The complexity of the case lies in the aftermath of a wrongful death lawsuit, in which Simpson was found civilly liable for the deaths of Ron Goldman and Nicole Brown Simpson. Despite the ruling, the Goldmans and the Browns have claimed that Simpson paid little to nothing of the multi-million-dollar judgment over the years.
LaVergne has now signaled a more transparent approach, indicating a desire to address the Goldmans’ and Nicole Brown Simpson’s camp’s claims directly. He even proposed the possibility of meeting with them to attempt to resolve these issues outside of court. This is a notable shift from the combative tone previously exhibited and may offer a path towards some resolution for the families involved.
On April 10, O.J. passed away after battling cancer. His family issued a statement to convey their condolences and gratitude for the support, while also requesting privacy. Fred Goldman expressed his sorrow over his son’s passing in a posthumous statement, highlighting it as another painful reminder of Ron’s absence.
Discussion Questions
- Define estate executor. What are the responsibilities of an estate executor?
An estate executor is a person appointed by a deceased individual to manage their affairs post-mortem. The executor is responsible for carrying out the wishes of the deceased.
The executor: (1) gathers all the estate-related documents, such as the last will and testament; (2) files any required court paperwork; (3) manages estate assets until they can be transferred to heirs; and (4) facilitates the transfer of money and property to beneficiaries after death.
In many cases, the deceased’s assets must pass through a process called probate. This is an official process in which the court oversees the distribution of assets to beneficiaries, the payment of creditors, and ensures that the last will and testament created by the deceased is valid and enforceable. An executor participates in the probate process and manages assets during it.
The executor has a fiduciary duty to act in the best interests of the estate. This is the highest duty owed under the law. - Assess the following statement of executor Malcolm LaVergne: “It’s my hope that the Goldmans get zero, nothing. Them specifically. And I will do everything in my capacity as the executor or personal representative to try and ensure that they get nothing.” In your reasoned opinion, is it appropriate for an executor to make such a statement? Why or why not?
This is an opinion question, so student responses may vary. In your author’s opinion, Mr. LaVergne’s statement was best left unsaid. As mentioned in response to Video 2, Discussion Question Number 1, the estate executor is responsible for carrying out the wishes of the deceased. Although O.J. Simpson arguably indicated through his past statements and actions that he did not wish for the Goldmans to receive anything from him, your author cannot verify that such a wish still existed at the time of Mr. Simpson’s death.
Further, even though the fiduciary duty is the highest duty owed under the law, this duty does not extend to violation of the law. If probate law in Nevada (where Mr. Simpson’s will was filed and where his estate will therefore be administered) dictates that the Goldmans receive a portion of Mr. Simpson’s estate, the executor must comply with that law, even if the decedent’s will is to the contrary. - As indicated in the follow-up article, Malcolm LaVergne soon retracted his statement regarding the Goldman family’s claims against the O.J. Simpson estate. Comment on this retraction.
This is an opinion question, so student responses may vary. In your author’s opinion, this was an appropriate retraction. As indicated in response to Video 2, Discussion Question 2, Mr. LaVergne’s statement was best left unsaid. Mr. LaVergne appears to acknowledge as much in his retraction.