TEEN 'DIVORCE' Case involves array of legal action



The teen's father and grandfather are battling over an estate.
CANTON, Mass. (AP) -- Except for some photos, 14-year-old Patrick Holland has nothing to remember his murdered mother by -- not even the "Best Mom" and "1 Mom" charms he once gave her.
Liz Holland's belongings are here and there, scattered among family members. His grandfather has her ashes and won't hand them over.
And his dad, who's serving life in prison for shooting Patrick's mother six years ago, is trying to intervene in her estate on their only child's behalf.
The teen is at the center of a dizzying array of legal actions -- most notably his own attempt to "divorce" his father. The trial that will determine whether the parental rights of Daniel Holland should be terminated starts Monday in Norfolk County Probate Court in Canton.
Holland is also facing a wrongful death lawsuit filed by Robert McCrocklin, Patrick's maternal grandfather and the administrator of his mother's estate. McCrocklin is asking for more than $100,000.
Discovering lawsuits
Patrick wasn't notified by either his father or his grandfather about their lawsuits. The teenager found out from a reporter.
Through lawyers, both Holland and McCrocklin said they were acting in Patrick's interest.
"The reason Dan intervened is because no one involved seems to be paying attention," lawyer Mark Gillis said. "If someone involved in the estate decides to pursue it, then there would be no need for Daniel Holland to intervene. Mr. Holland has nothing to gain by doing this, other than trying to protect his son."
In court papers, Holland said a property list filed by McCrocklin "omits and undervalues numerous items" from the Holland home, including a baseball signed by Ted Williams.
Holland has asked the court to order a complete inventory of the jewelry, antiques, cars, sports equipment and other belongings at the house the night he killed his estranged wife.
Termination of Holland's parental rights would not necessarily prevent him from intervening in the estate, Gillis said. The hearing on his motion to intervene is set for Tuesday.
Needless to say, Patrick doesn't want his father to intervene in his affairs.
"It's stupid. He has no right at all. It's just ludicrous for anyone to actually listen to him," said Patrick, who lives with legal guardians Ron and Rita Lazisky in Sandown, N.H.
The wrongful death lawsuit should ultimately benefit Patrick, said Steven Wollman, who represents both McCrocklin and the estate. But it could be on hold for years while Holland exhausts his murder appeals, because if Holland's conviction is overturned, he could become a beneficiary of the estate.
"If there was some ruling that gave him a new trial, would you really want to be in a position where Patrick could be sued by his father for the money? I don't think so," Wollman said.
Part of suit
As part of the lawsuit, the estate has attached Holland's share of the family home in Quincy, sold for $162,000 in 1999, and a retirement or pension fund held by his former employer, Bell Atlantic (now Verizon).
The family's belongings are the balance of the estate. The brief inventory filed by McCrocklin includes some furniture, kitchen appliances, pots and pans, a stereo system and two televisions. He estimated the total value at about $1,100.
Eventually, the estate will file a detailed final inventory, Wollman said. But in the meantime, unnecessary legal work simply will chew up its assets, meaning Patrick will get less money.
"The key here is, let's save as much as we can of the estate for Patrick," he said.
Patrick takes issue with his grandfather for refusing to give him at least part of his mother's ashes. He said he needs them and as many of her things as possible "so I can remember her and I can just feel like she's a little closer."
McCrocklin, who once sought custody of Patrick, did not return repeated messages left at his home in Fairfax, Va. Wollman said he had not realized there was a dispute over the ashes and did not know who was legally entitled to them.
After the murder, McCrocklin "cleaned out the house, anything with a price tag on it. He left behind her [high school] yearbook, all her personal things," said the daughter of Daniel Holland's uncle, William Sullivan. "Anything that Liz's dad didn't take, my dad took."