New issues arise in Simon estate dispute

Simon widow’s attorneys want judge to step down
Cory Schouten
November 30, 2010
Indianpolis Business Journal
http://www.ibj.com/simon-widows-attorneys-want-judge-to-step-down/PARAMS/article/23701

Attorneys for Bren Simon turned their ire toward a Hamilton County judge on Tuesday, asking him to recuse himself from a legal battle over real estate magnate Melvin Simon’s $2 billion estate.

They took issue with Judge William J. Hughes’ choice of personal counsel to represent him in front of a state judicial commission. The judge hired two attorneys with Bingham McHale after he was arrested for driving while intoxicated in North Carolina in October.

Other attorneys at the Indianapolis-based firm represent Simon Property Group Inc. in the contentious estate dispute.

Hughes said in open court Tuesday that he jettisoned the Bingham McHale attorneys—Kevin McGoff and James Bell—on Nov. 22, three days after Bren’s attorneys objected and asked for a stay in the case.

Hughes said he has “no bias” for any party or attorney in the case.

Attorneys for Bren, Melvin’s widow, were not convinced.

“I am seeking fair and impartial judgment on behalf of my client,” attorney Michael Ciresi said in a terse exchange with the judge.

Hughes, who was vacationing when he was arrested Oct. 27, said he was not under the influence when he amended an order in the Simon case earlier that same day.

In court on Tuesday, Hughes turned down a request to put off hearings on several procedural matters, but the judge said he would not immediately rule on the items under discussion.

Melvin’s daughter Deborah Simon is challenging the will in court, saying her father was coerced into approving a new estate plan that dramatically increased the amount of his fortune going to Bren. She also wants her stepmother removed as trustee of the estate while the broader case is pending.

Simon Property Group, meanwhile, joined the dispute to determine whether it must honor Bren Simon’s request to convert $500 million of her late husband’s ownership stake in the publicly traded company into common shares or cash.

Hughes said he will cooperate if Bren’s attorneys follow legal protocol in appealing to a higher court to have him removed from the case. But he refused to allow verbal arguments on the issue in open court.

“I’m not turning this into a circus for anyone’s benefit” said Hughes, a 22-year veteran of the bench.

His initial court hearing in the DWI case is scheduled for January.

Simon will fight: Private investigator was hired
Jeff Swiatek
November 30, 2010
IndyStar.com
http://www.indystar.com/article/20101130/NEWS02/101130007/1001/?odyssey=nav%7Chead

NOBLESVILLE — Bren Simon has turned over documents pertaining to a private investigator that she hired to collect information of beneficiaries of her late husband Melvin Simon’s trust.

Revelations about the investigation were disclosed in a court hearing today concerning a challenge to the Simon will.

It’s the latest step in the legal dispute over the late billionaire mall developer’s estate in Hamilton County.

Attorneys for Deborah Simon, who has sued her stepmother in the will dispute, said they want sanctions against Bren Simon for failure to promptly turn over the documents.

Bren Simon turned over those documents earlier this month; she was requested to turn them over last summer.

Barry Simon, an attorney for Deborah Simon, told Hamilton Superior Court Judge William Hughes that the documents are “rather shocking.”

He said the private investigator working for Bren Simon tried to collect social security numbers and driving records of trust beneficiaries and also of James Barkley, James M. Barkley serves as Secretary and General Counsel of Simon Property Group

Barry Simon said he wants to do a special deposition of Bren to ask her about the private investigation.