LAS VEGAS (KTNV) — A lot has been said in the days since O.J. Simpson died. But now, there's something that needs to be unsaid.
Simpson's attorney, who is now the executor of his will, sat down Monday with 13 Investigates to walk back a controversial statement he made about the money Simpson owes to the families of Nicole Brown Simpson and Ron Goldman.
Although Simpson was acquitted of murdering his ex-wife and her friend in what was called the trial of the century, he was found liable by California jurors in a 1997 wrongful death civil case. He was ordered to pay $33.5 million dollars.
"I had said that, 'My hope is that the Goldmans get zero, nothing,' Attorney Malcolm LaVergne knows his words last Friday were harsh. Especially when he added that as the executor of Simpson's will, he would try to ensure that the Goldmans get nothing. Monday, he said that's no longer true.
"I'm going to back off of those statements right now, because it was just inflammatory rhetoric" LaVergne says. "I don't think it helped the post-deceased O.J. estate at all."
The $33.5 million judgment is even bigger now under California law, which adds interest and doubles every decade it goes unpaid.
"And now we're probably somewhere around $201 million for those judgments..." a sum LaVergne says Simpson's estate can't come close to covering.
"At this point, I'm not seeing the pot of gold," says LaVergne "I'm seeing basically someone who spent a lot of money while he was alive, did what he could do, lived his life as high falutin' as he could for the last seven years."
LaVergne says his inflammatory remarks were in response to a statement from David Cook, a San Francisco attorney for the Goldman family who's been seeking since 2008 to collect the civil judgment in the Ron Goldman case. Cook said of Simpson, "He died without penance. We don't know what he has, where it is or who is in control. We will pick up where we are and keep going with it."
"It is time to just tone down the rhetoric on all sides. Okay? Not just mine. All sides, because that could result actually in the increasing of the value of Mr. Simpson's estate," says LaVergne, explaining that lessening the animosity will help the probate process run more smoothly.
"It is a learning curve, but I'm a quick study," he says. "I understand now that my attorney hat has to come off, and my executor hat has to come on."
Part of that, he explains, is handling Simpson's debt according to Nevada law, which clearly lays out the priority for an estate to pay out claims.
"Number one would be me as the executor, my fees, my time, my expenses," he explains. "Number two would be the reimbursement for funeral expenses."
Then comes recent medical expenses, any unpaid child support or alimony, IRS debt, money owed for Medicaid benefits, and wages for anyone Simpson employed in any capacity in the last three months.
"And so Goldman is number eight," explains LaVergne. "Anyone else who's making a general claim that they didn't get paid on a judgment against Simpson while he was alive, they come in at number nine," as do credit cards, memberships and any contracts or proven verbal promises.
The verbatim reads as follows in Nevada Revised Statute 147.195:
Debts and charges of estate: Priority of payment. The debts and charges of the estate must be paid in the following order:
1. Expenses of administration.
2. Funeral expenses.
3. The expenses of the last illness.
4. Family allowance.
5. Debts having preference by laws of the United States.
6. Money owed to the Department of Health and Human Services as a result of the payment of benefits for Medicaid.
7. Wages to the extent of $600, of each employee of the decedent, for work done or personal services rendered within 3 months before the death of the employer. If there is not sufficient money with which to pay all such labor claims in full, the money available must be distributed among the claimants in accordance with the amounts of their respective claims.
8. Judgments rendered against the decedent in his or her lifetime, and mortgages in order of their date. The preference given to a mortgage extends only to the proceeds of the property mortgaged. If the proceeds of that property are insufficient to pay the mortgage, the part remaining unsatisfied must be classed with other demands against the estate.
9. All other demands against the estate.
Whatever money remains, if any, after all those debts are settled will go to named beneficiaries. In O.J.'s case, his four adult children.
"As far as the children, they're private. And I want it to remain that way," says LaVergne.
Aside from money, we also asked LaVergne another question on many people's minds.
Darcy Spears: "Was there a deathbed confession? Did OJ finally admit that he did it?"
LaVergne: "It does make me chuckle when I hear that question. Now, it's kind of gone around. So the firm answer is no. I'll give you the firm answer. That is no. A big hard no. It was never mentioned."
While LaVergne looks at and tries to get the most value for Simpson's assets, he says the family is planning to honor their father.
LaVergne confirms the body is going to be cremated, and there are tentative plans for a celebration of life that will likely be held here in Las Vegas for Simpson's close family and friends. No time, date or location has been announced.
