Sekyiwa Shakur, the sister of Tupac Shakur, is officially suing the administrator of the Afeni Shakur Davis Separate Property Trust, alleging that he has mismanaged, misrepresented, and embezzled millions from the trust.
Sekyiwa Shakur, the “last surviving child” of Tupac’s mother, Afeni Shakur Davis, just recently submitted the petition to a California federal court. Afeni Shakur Davis, the founder of the Tupac Shakur Foundation, passed away in 2016 and was the “sole beneficiary” of the “Changes” artist’s undoubtedly substantial estate.
“All tangible personal property remaining at the time of Afeni’s death [was] to be transferred to the” Afeni Shakur Davis Separate Property Trust, according to the suit, as was “the residuary estate.”
Moreover, the main trust, “pursuant to its terms,” then created a series of additional trusts, the multifaceted legal document relays – including the Monjauze Family Trust, the Kyria Cox Trust, the Afeni Shakur Davis Charitable Lead Trust, the Generation-Skipping Trust, and the Residuary Trust. A portion of these trusts encompass other sub-trusts yet.
The central trust was likewise meant to distribute some property and assets, such as forwarding “$100,000 and all tangible personal property which had not otherwise been disposed of in a written list” to the sister of Tupac Shakur, the document maintains.
But one Tom Whalley, the chief trust’s “sole special trustee” and administrator as well as the executor of Afeni Shakur Davis’s estate, “never rendered an accounting of the Estate in the five years since Afeni’s death,” per the text.
“As of the date of this petition, the Trustee has failed and refused to provide any such compliant account and report, including compliant accountings in accord with both the Trust and governing law,” the plaintiffs allege, noting that Afeni Shakur Davis passed away while residing in North Carolina. Consequently, the Tar Heel State’s “law may well be relevant to these proceedings.”
This alleged failure to disclose the financial specifics of the trust has proven significant, according to Tupac’s sister, for said trust was meant to transfer “‘ten percent (10%) of the remaining Trust Estate’” to the late artist’s namesake foundation, per the suit. As a result, the Tupac Shakur Foundation “cannot verify that the funds distributed to it were in the proper amount.”
Next, the trustee allegedly violated the trust’s provisions by selling a houseboat and giving the proceeds to an individual named Molly Monjauze, who’s “both a personal friend and social acquaintance of Whalley and an employee of the business which he manages.”
The houseboat was purportedly meant for Molly and her son to reside in, with “certain circumstances” allowing for the vessel’s sale and, with the resulting cash, an investment “in another residence for Molly and Carl to live in.”
Perhaps the most serious of the complaint’s allegations, however, concerns fees that the trustee has allegedly drawn after appointing “himself as the manager of Amaru Entertainment, the principal income-producing asset” within the trust and “effectively the holder of all of the existing assets.”
“Whalley has already received more than $5.5 million that he has paid himself in the last five years through Amaru,” the lawsuit states. “Upon information and belief, he has effectively embezzled millions of dollars for his own benefit well in excess of what would be reasonably necessary to retain a properly qualified third-party to perform such services.”
Lastly, regarding the initially highlighted “tangible personal property” that Tupac’s sister is allegedly entitled to, the complaint maintains that she hasn’t yet received some of her mother’s property as well as cars, “plaques and awards,” “renown jewelry,” “artwork and sculptures,” clothing, and more that belonged to Tupac Shakur.
Bearing in mind these and other allegations against the trustee – the petitioning parties “do not know the full scope of Whalley’s malfeasance and misfeasance” – the lawsuit calls for a court-appointed temporary trustee, the transfer of the items that allegedly belong to Tupac’s sister, and at least $4 million for related breaches.