Carroll Shelby Estate Lawsuit

Trust Book by Jay Lashlee Book

Carroll Shelby Burial Dispute Lawsuit

Legendary designer and car racer Carroll Shelby died in a Dallas hospital at age 89 but, for months his remains still remain in the Dallas County morgue, held hostage by a dispute between his sixth wife, Cleo Shelby, and his three children over what should be done with them.

Each side claims to have instructions from Shelby on what he wanted done with his remains. Cleo Shelby, whom he tried to divorce before he died, said he wanted to be buried next to his father in Leesburg, Texas, where he was born in 1923. She says she has a 2010 power of attorney document that allows her to make the decision as to his final resting place.

Shelby's three children - Michael, Patrick and Sharon Shelby - say he wanted to be cremated and have his remains split between the children and the Leesburg family plot. They say they have a 2008 document signed by their father that empowered his eldest son Michael to make plans for his remains.

The children are suing Dr. Jeffrey Barnard, Dallas County medical examiner, for the release of the body. No death certificate has been issued yet, and the LA Times reported that Dr. Barnard remains in control of the body "because an allegation was made which falls within" Texas law pertaining to criminal procedure. Dr. Barnard has also filed a motion to dismiss the suit, claiming he enjoys official and sovereign immunity.

Making your wishes clear to family members and putting your intentions in writing can help avoid these types of emotionally and financially draining disputes.

Creating an estate plan and specifying exactly what your intentions are is part of the answer. The plan needs to be in place and verified. If there were other versions, it must be clear and verified that the earlier versions have been replaced or revised.

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