Gatti widow fails in bid for $150K from boxer's estate
Last Updated: Thursday, November 5, 2009 | 5:45 PM ET
The Canadian Press
Boxer Arturo Gatti was found dead under mysterious circumstances at a Brazillian seaside resort on July 11. The widow of boxer Arturo Gatti has been awarded $40,000 to cover legal fees and child-care costs, but her fight with his family over his sizable fortune looks set to go the distance.
The sum falls far short of the $150,000 advance that Amanda Rodrigues was seeking from Gatti's estate.
In another blow to the 23-year-old Brazilian native, Quebec Superior Court Justice Paul Chaput concluded in his ruling Thursday that custody of the couple's dog is not an urgent matter for the time being.
Chaput awarded Rodrigues $30,000 to cover legal fees and $10,000 in eventual child-care costs for their son, Arturo Jr.
But the stakes in the bitter dispute are much higher — $6 million, the estimated worth of Gatti's estate.
The former world champion, who was born in Italy and raised in Montreal, was found dead under mysterious circumstances at a posh Brazilian seaside resort last July 11.
Brazilian police initially ruled the death a homicide and detained Rodrigues for a few weeks. They then ruled it a suicide.
At issue in the legal battle is the validity of two wills that differ greatly on how the estate should be divided.
Rodrigues' lawyers maintain a will signed in Quebec in June, which left the estate to her, is the valid one.
Gatti's family contends that a will signed in 2007 in New Jersey, where the boxer amassed much of his fortune, is in fact valid and that the more recent will was signed under duress.
The 2007 will leaves control of Gatti's estate to his mother, Ida.
The family has been unable until now to come up with a signed copy of the will.
Grace Di Pace, a lawyer for the Gatti family, said an attorney in New Jersey has forwarded an unsigned copy.
She said regulations in New Jersey don't require lawyers to keep signed copies on file and that the state doesn't have a signed copy, either.
On Thursday, the judge rejected attempts by Rodrigues' lawyers to get the court to dismiss the Gatti family's challenge of the newer will.
As he addressed lawyers on both sides, Chaput also expressed reservations that a lengthy court battle could eat away at the money available.
"I think the judge was careful in his judgment in the sense that he assured the succession would be protected at this stage," Di Pace said.
"It's not going to be divided, it's not going to be touched until the proceedings go on."
Battle on both sides of border
The legal battle is also being fought in New Jersey.
Last week, a U.S. judge rejected certain requests from Rodrigues' lawyers, but did award a $2,500 monthly support payment for the couple's son, who is about one year old.
Rodrigues will also be allowed to enter their condominium in Montreal to collect her belongings.
"The judgment . . . is a very preliminary stage," said Pierre-Hugues Fortin, a lawyer representing Rodrigues.
"There's many, many more proceedings to come, this is not the final hearing."
Rodrigues was not in court Thursday.
She arrived in Montreal on Monday from Brazil and her lawyer claimed she was penniless and needed access to the condominium and cash.
Chaput said he hopes to iron out a plan to proceed in the case and urged both sides to talk before returning to court on Nov. 17.
Authorities determined Gatti hanged himself with a bag strap that he tied around a wooden staircase column more than two metres off the floor.
They say he looped it around his neck before stepping off a stool.
Gatti's relatives refuted the claim and had his body exhumed in order to conduct a second autopsy, but the full results of that autopsy have not yet been released.
