Sam DuBose's parents feuding over his estate

Posted at 7:04 PM, Sep 16, 2015
and last updated 2015-09-16 19:04:47-04

CINCINNATI – A feud between Sam DuBose's parents over who will control his estate took their case to probate court Wednesday.

Dubose is the 43-year-old musician who was shot and killed by University of Cincinnati police officer Ray Tensing.

DuBose's mother Audrey was well on her way to settling a wrongful death claim against UC, but an attorney has filed to be administrator on behalf of DuBose's father,  Samuel Johnson.

DuBose's father is not allowed to be administrator because of his criminal record, so a probate judge will have to decide who should control the money.

DuBose has 11 kids and they want his mother to be in charge, said Audrey DuBose's attorney, Michael Wright.

"All the family has agreed to Miss Audrey to be the administrator except for Sam Johnson, the father, who is ineligible to be the administrator," Wright told WCPO on Wednesday. "To hire this lawyer who never met Sam - he knows nothing about the family - for him to be the administrator,  that's unthinkable."

But attorney Blake Maislin said it's "not unusual."

"Our firm has done it before. Other firms have done it. It happens a lot of times when some family members don't get along," Maislin said.

Johnson's attorney says he has evidence why DuBose's mother shouldn't be in charge of the money and he plans to reveal that in court.

The next hearing is set for Oct. 27.

Tensing has been charged with murder and voluntary manslaughter, His body camera video shows him shoot DuBose in the head during a traffic stop on July 19.