Two possible heirs file claim in Prince estate

A court motion was filed on behalf of family members identified as a niece and a great-niece.

May 19, 2016 at 5:02PM

Two more purported heirs of the late megastar Prince filed a motion in Carver County District Court on Wednesday to intervene in his $100 million-dollar-plus estate.

The potential heirs are Brianna Nelson and Victoria Nelson, the daughter and granddaughter, respectively, of the late Duane Nelson Sr., who was identified in court documents as one of Prince's half-brothers.

Whether he was, however, is at issue.

When Prince's sister, Tyka Nelson, sought a special administrator to oversee the estate after the musician's death on April 21, she said no will had been found, which left distribution of the estate up to Minnesota law.

She listed herself and six half-siblings — one of whom was deceased and without children — as known "interested parties" to the estate. Without explanation, her petition left out the name of Duane Nelson Sr., who had identified himself publicly as one of Prince's half-brothers. Some people who know the family have suggested that he was not a blood relative.

The motion filed on Wednesday, however, argues that Duane Nelson Sr. was in fact Prince's half-brother, as they were both sired by John L. Nelson. Attorneys with the Stoltmann Law Offices in Chicago filed Minnesota birth certificates as proof.

"Throughout his life, John L. Nelson held himself out as Duane Nelson Sr.'s father, including giving Duane Nelson Sr. his last name, publicly acknowledging him as his son and raising him as his child," the motion states.

Half-sibling's descendants

It also says that Prince had acknowledged Duane Nelson Sr. as his brother and had employed him for years as head of security until the two had a falling out. The motion states that Tyka Nelson also had referred to Duane Nelson Sr. as her brother in a public statement after his death.

According to the court filings, Duane Nelson Sr. had two children: Brianna Nelson, who would be Prince's niece, and the late Duane Joseph Nelson Jr., who would have been Prince's nephew.

Duane Nelson Jr. and Jeannine Halloran have a surviving daughter, Victoria, 11, who would be a great-niece of Prince.

Under Minnesota law, the attorneys say, both Brianna Nelson and Victoria Nelson would be heirs. The law treats siblings and half-siblings equally. If Duane Nelson Sr. was a half-brother, he would get the same share as Prince's other siblings.

Because he and his son are dead, Duane Nelson Sr.'s share would pass to Brianna Nelson and Victoria Nelson.

Prince's half-sister Lorna Nelson is listed as an interested party, but because she had no children, she is not identified as an heir to the estate.

Attorneys representing the siblings and the estate have not responded to interview requests.

The initial legal notification in Carver County that Brianna Nelson and Victoria Nelson were potential heirs came from a letter filed May 11 on behalf of Victoria by attorney Michael Padden. He had represented Victoria's mother in 2005, the year Duane Nelson Jr. died. Padden represented Duane Nelson Jr.'s estate, but the matter ended years ago, he said.

When he learned that Prince had died, Padden concluded that he had an ethical obligation to let the court know that Victoria may be a potential heir and that she needed either an attorney or a guardian ad litem.

In a letter to the court, Padden suggested another attorney, and said he didn't plan on representing the girl. He had unsuccessfully tried to reach Victoria's mother, he said, because she "could be a legitimate heir of an estate potentially valued at hundreds of millions of dollars."

"I'm happy for Brianna and Victoria," Padden said Wednesday. "I accomplished my goal."

Authority for genetic testing

Carver County District Judge Kevin Eide issued an order Wednesday giving Bremer Trust, the special administrator rounding up assets and managing the estate while it's in probate, authority to establish genetic testing and documentary procedures to verify whether claimants are related to Prince.

Eide also granted the administrator's request for broader authority to take depositions and conduct discovery procedures across state lines.

Eide noted that Bremer Trust has informed him that "various counsel and other individuals who have acted on behalf of Prince and his entities reside in California" and that law enforcement authorities also have sought computer and other records.

Staff writer Emma Nelson contributed to this report.

dan.browning@startribune.com • 612-673-4493

david.chanen@startribune.com • 612-673-4465

Prince's sister Tyka Nelson, center, leaves the Carver County Justice Center in Chaska with her husband Maurice Philips on Monday, May 2, 2016. With the approval of most of Prince's siblings, Carver County District Court Judge Kevin Eide confirmed the appointment of Bremer Trust, National Association as special administrator to manage the late musician's assets during a probate hearing.
Prince's sister Tyka Nelson, center, leaves the Carver County Justice Center in Chaska with her husband Maurice Philips on May 2, when Carver County District Judge Kevin Eide confirmed the appointment of Bremer Trust, National Association as special administrator to manage the late musician's assets during a probate hearing. (Star Tribune/The Minnesota Star Tribune)
A painting with signatures of Prince fans who visited the site outside Paisley Park Saturday May 14, 2016, in Chanhassesn, MN.](DAVID JOLES/STARTRIBUNE)djoles@startribune In the days and weeks that have passed since the death of Prince Rogers Nelson, the memorial outside his residence and work place at Paisley Park has both grown largely and also begun to weather. Some of the items left behind from loving, appreciative and sad fans are pictured here. Some of the items were photographed using a t
A painting full of signatures of Prince fans remains among items — some now weathered — that remain outside Paisley Park in Chanhassen. See “What fans have left behind” at star­tribune.com/galleries. (The Minnesota Star Tribune)
about the writers

about the writers

Dan Browning

Reporter

Dan Browning has worked as a reporter and editor since 1982. He joined the Star Tribune in 1998 and now covers greater Minnesota. His expertise includes investigative reporting, public records, data analysis and legal affairs.

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David Chanen

Reporter

David Chanen is a reporter covering Hennepin County government and Prince's estate dealings. He previously covered crime, courts and spent two sessions at the Legislature.

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