The son of Eric Mays, a third-term councilman who served the city of Flint before his death last month, is suing the late city leader’s four siblings and a funeral home over the handling of Mays’ remains.
Eric HaKeem Deontaye Mays, who is referred to in a news release from Lento Law Group as Eric Mays’ “son and only next-of-kin,” filed the lawsuit on Monday alleging fraud, conspiracy and unjust enrichment in connection with how the late councilman’s body was handled.
Eric Mays, the outspoken leader who led the majority-Black district during the Flint water crisis, died on Feb. 24 at 65 years old. He’s believed to have died without a will, according to the complaint.
The lawsuit seeks an order preventing Lawrence E. Moon Funeral Home from moving forward with any funeral plans or arrangements planned by anyone other than Eric HaKeem Deontaye Mays.
It also seeks an order compelling the funeral home to release Eric Mays’ body to whichever funeral home his son chooses.
“The Moon Funeral Home is disrespecting the life and legacy of the late Flint City Councilman Eric B. Mays by holding his body hostage and refusing to turn it over to his son, and by participating in an unlawful conspiracy with estranged, rogue members of the late Councilman’s family to deprive his son his right to lay his father to rest,” said Joseph Cannizzo, Jr., an attorney representing Eric HaKeem Deontaye Mays, in a statement.
“Every child deserves to have a say in their parent’s final affairs. Through this legal action, we hope to rectify the legal wrongs we alleged have taken place against Mr. Mays and give him closure during this difficult time while also affording him the opportunity–as is his right–to honor his father’s legacy,” Cannizzo said.
The suit claims that on Feb. 24, when Genesee County medical examiner investigator Amanda Rhoades visited Eric Mays’ home to conduct a death investigation, she spoke with two of his siblings – Sherman Mays and Veronica Simon, who are named in the complaint.
Rhoades asked if their brother was married or had any children older than 18, and they told her, according to the lawsuit, that he was neither married nor a father to any children over age 18.
“The representation of defendants Sherman Mays and Veronica Simon to Investigator Rhoades that Councilman Mays did not have any children that were 18 years of age or older is false, and was known by those said defendants to be false at the time they made such representations to Investigator Rhoades,” according to the lawsuit.
Under Michigan law, Eric HaKeem Deontaye Mays has the right as Eric Mays’ adult child and next of kin to make funeral-related decisions relating to his late father, the lawsuit states. The suit lists the son’s birth certificate as one of the exhibited documents.
A lawyer representing the two siblings sent a message on March 1 stating, “I am advised that your client is not the biological son of Mr. Mays, and to their knowledge was never adopted,” according to the suit.
The legal action from Eric HaKeem Deontaye Mays against his aunts and uncles accuses Sherman Mays and Veronica Simon of perpetuating a fraud on the Genesee County Medical Examiner’s Office by claiming that Eric Mays did not have children.
The complaint also accuses a third sibling of the late councilman, Reggie Mays, of perpetuating a separate fraud on the medical examiner’s office “by falsely representing to its Administrator that he had legal authority as the late councilman’s brother to authorize the release of his body to the funeral home,” according to Lento Law Group.
Reggie Mays works as a funeral home attendant for Lawrence E. Moon Funeral Home.
Eric Mays’s son wanted his father’s remains turned over to Paradise Funeral Chapel in Saginaw, Michigan. However, the suit claims Lawrence E. Moon Funeral Home’s refusal to do so violates the state’s law despite the son providing them with the necessary legally required documentation to transfer the councilman’s body.
In addition to those claims, the lawsuit accuses Eric Mays’ siblings of “unjustly profit[ing] from their fraudulent scheme by soliciting in-person donations from the community under the false premise that they were the late councilman’s next-of-kin to purportedly raise money for funeral services they have no legal authority to control.”
The suit also says the siblings asked Eric Mays’ son to look into his father’s life insurance policy and to sign a portion of it over to them despite the public claims that Mays didn’t have a son.
When Is the Best Time to Execute a Will?
Greater Philadelphia-based estate planning attorney Dana Blue recommends people begin thinking about their estate — including executing a will and establishing a trust — as young as 18 years old.
Blue explained that without a will, the state’s default intestate laws will go into effect, and it’s a one-size-fits-all plan.
“With a will, you are able to specifically designate how you want your assets to be transferred, to whom and how, but if you don’t leave a will, then the state has no way of knowing how you want to distribute your assets, so they just follow their plan.”
She added that verbally declaring one’s wishes will not replace having it documented in a will or trust.
“You might have told relatives, ‘I want you to have my house when I pass,’ you might have told your older child, ‘I want my house to go to you,’” Blue said.
A will can also impact what happens to a person if they’re living and unable to care for themselves. “If someone gets into a major accident, and they’re not able to make decisions for themselves for even a short period of time, someone would need to step into their place to be able to make financial decisions,” Blue told Atlanta Black Star.
“No matter what age you are, if you’re an adult, you should be considering having an estate plan,” she said.
Blue especially recommended estate planning for the Black community.
“Without your estate plan, your assets are going to be distributed according to state law, which might not align with your wishes, and that can lead to unintended beneficiaries,” Blue said. “That disproportionately affects African-Americans due to the fact that we don’t estate plan and the systemic issues in our community.”
