The legal battle between Malcolm-Jamal Warner's mother Pamela Warner and widow Tenisha Warner over his estate is heating up more than a year after "The Cosby Show" alum died from an accidental drowning at 54.
Pamela Warner is asking a Los Angeles court to approve a proposed settlement reached with court-appointed guardians for MacKenzie, the 9-year-old daughter the late actor and Tenisha Warner share, according to a Sept. 3 motion obtained by USA TODAY.
In a filing dated Sept. 4 and obtained by USA TODAY, Tenisha Warner accused Pamela Warner of "purposeful misrepresentation" of Malcolm-Jamal Warner's 1996 trust, which was created before he married Tenisha Warner and before the birth of their daughter.
When reached by USA TODAY for comment, Pamela
Warner's attorney said, "We have not received this filing yet and will need to review it first."
Pamela Warner, Tenisha Warner legal battle explained
In her Sept. 3 filing, Pamela Warner alleged her son amended his trust over the years. She added that Tenisha Warner "neglects that perhaps Malcolm chose not to sign his new trust amendment" and decided to proceed "with alternative planning" for his then-wife and their child.
Pamela Warner said she previously "volunteered to provide the overwhelming majority of the Trust and the Estate to MacKenzie" in an agreement with Tenisha Warner, but said she "refused to settle" privately.
Instead, Tenisha Warner took the matter to court in California, to establish herself and MacKenzie as "omitted" parties, and Georgia, where she is suing Pamela Warner for breach of contract. Pamela Warner has also requested that case be dismissed.
Pamela Warner further claimed Malcolm-Jamal Warner's unsigned trust would have left her with "at least double if not more" than she has settled for in her tentative settlement with MacKenzie's guardians. Pamela Warner said she "has always been prepared to give up most of what [Malcolm-Jamal Warner] ever wanted her to receive in favor of MacKenzie."
Tenisha Warner pushed back against that notion in her response: "Tenisha disputes Pamela’s allegations of Malcolm’s intentions, Pamela’s personal and business relationship with Malcolm, her description of Tenisha’s efforts to resolve these matters, and the suggestion that Malcolm intentionally abandoned later estate planning for his wife and daughter."
According to Pamela Warner's filing, under the tentative settlement, she would receive a six-figure "one-time final distribution from the trust" and the rest will go to MacKenzie, including a $2 million life insurance policy, a separate trust in Georgia where Malcolm-Jamal Warner had a home for the family and a retirement plan left to Tenisha worth approximately $2.4 million.
Tenisha Warner, however, alleged "Pamela mischaracterizes" these assets "while purposefully withholding the full story." She said the Georgia trust "is not a separate pool of cash or investment" for MacKenzie, as its "sole asset" is the house they all lived in together and which "holds a significant mortgage of approximately $700,000 in debt."
Tenisha Warner said Pamela Warner already sold what was supposed to be their family home in Los Angeles and MacKenzie's life insurance money is not accessible to her and is in a "court-supervised trust."
As for the $2.4 million retirement plan belonging to Tenisha Warner, her filing alleged "Pamela has used her position of power as an officer of the entity holding the retirement plan to block the release of funds to Tenisha" unless she signs "an unfair proposed settlement."
"Tenisha has not 'refused to settle' as claimed in Pamela’s filing. She has refused to capitulate to unfair pressure and tactics," Tenisha Warner's response said.
Tenisha Warner also criticized Pamela Warner for seeking an additional distribution before the tentative settlement is finalized. Her response alleged Pamela had already "received approximately $1,250,000 in life-insurance proceeds and additional hefty payments from various retirement accounts outside of the 1996 Trust."
"If Pamela’s true 'priority' was MacKenzie as stated in her filing, she would relinquish all 1996 Trust assets for the immediate care of MacKenzie. But Pamela admits that she will only withdraw her opposition if MacKenzie pays Pamela the $685,000 provided for in the Tentative Settlement, including direct payments and attorneys’ fees. That is more than half the value of the 1996 Trust."
"The difference between Pamela’s demand for funds in the Tentative Settlement and Tenisha assertion of her omitted spouse rights is that Tenisha intends to use all recovered funds to care for MacKenzie. Pamela intends to keep those funds for herself," the response continued.
A court date has been set for November.
This article originally appeared on USA TODAY: Malcolm-Jamal Warner's widow slams his mom's 'unfair' tactics in estate battle
