By KHRISNA VIRGIL
Tribune Staff Reporter
kvirgil@tribunemedia.net
DEPUTY Prime Minister Philip “Brave” Davis yesterday said concerns raised in The Miami Herald about a $10m estate of his former client, German expatriate Franz Kohlrautz who resided in the Bahamas, were “utter nonsense” and stressed that he acted “properly and ethically” as executor of the estate.
Mr Davis suggested that the claims were fuelled by the intent to achieve financial gain by distorting the events following Mr Kohlrautz’s death of a heart attack. In a press statement released yesterday, Mr Davis admitted that he was the executor of Mr Kohlrautz’s estate and said the millionaire was a “close and dear friend.”
On Sunday, The Miami Herald reported that Mr Kohlrautz’s widow Kenia Batista Mir said out of the millions left to her after his death, she only received $70,000.
Ms Mir also told the publication that an attorney was working to investigate how her husband’s house in a wealthy neighbourhood in Grand Bahama, reportedly worth $2m to $3m, was sold for only $200,000.
The Miami Herald pointed to documents that allege that the home was bought by a company of which Mr Davis was president and went on to say that a complaint was filed with the Bahamas Bar Association in 2012 over the matter.
“I am the executor of the estate of the late Franz Kohlrautz, who was a very close and dear friend,” Mr Davis said.
“Kenia Batista Mir married Mr Kohlrautz, a man 51 years her senior, in 2009 very soon after he met her in Cuba during a brief social visit there. Their short marriage was very tumultuous, filled with much concern about his young wife’s behaviour and actions and they had been estranged for a considerable period prior to the time of his death in 2011.
“Mr Kohlrautz’s instructions upon his death were very clear. In particular, Mr Kohlrautz’s instructions with regards to his estranged wife were very detailed, direct and precise.
“There is not, nor has there ever been, any formal challenge to the manner in which the estate was administered.
“In fact, there exists many documents and letters directly from Ms Kenia Batista Mir and legal counsel acting on behalf of Ms Kenia Batista Mir that express their agreement with the administration of the estate and the significant distribution made to her. It should be noted that at all times she was represented by competent independent attorneys of her own choice.
“Since that time, Ms Batista Mir has been represented by several prominent and highly respected attorneys who have each reviewed all documents and transactions related to the administration of the estate and have been satisfied that I have acted properly and ethically at all times in the conduct of my duties as executor of the estate. No legal suit has ever been served on me with regards to this matter.”
Mr Davis continued: “At no time did I act as legal counsel to Ms Batista Mir or the estate. I acted solely in my capacity as personal representative of the estate.”
“Further, I can unequivocally state that I am not aware of any complaint against me to the Bahamas Bar Association with regards to this matter nor have I ever been notified of any complaint. Any insinuation otherwise is patently and absolutely false.
“It is unfortunate that those who wish to make mischief or obtain some financial gain would distort events and contrive stories in pursuit of their own sick, selfish and distasteful personal agendas.”
The Tribune has made repeated attempts to secure comment from officials at the Bahamas Bar Association. The association could not be reached for comment yesterday.
Comments
DillyTree 9 years, 8 months ago
Way too many questions here. How does a $2M house sell for just 200,000 to a company owned by Davis? That alone begs some serious questions. Was the house ever put up for sale with a realtor and listed or offered at auction? Appraisals?
Will the Tribune find a copy of the will and the relevant estate information to shed more light on exactly how this went down? Something smells rotten here.
BSObserver 9 years, 8 months ago
http://www.scribd.com/doc/235517191/L...">http://www.scribd.com/doc/235517191/L...
arenas 9 years, 8 months ago
Please enter "Cuban woman fights for Bahamas Inheritance". There is more detail on this website.
Emac 9 years, 8 months ago
Of course he will deny any wrong doing.
BSObserver 9 years, 8 months ago
Here is a link to the will
http://www.scribd.com/doc/235517191/L...">http://www.scribd.com/doc/235517191/L...
proudloudandfnm 9 years, 8 months ago
So all he doing really is attacking the woman. Nothing he says vindicates him. how can he have bought the man's house for 2 million less than it's worth?
Brave why you tief ya client's house man?
BSObserver 9 years, 8 months ago
Kenia Batista Mir married Mr Kohlrautz, a man 51 years her senior, in 2009 very soon after he met her in Cuba during a brief social visit there. Their short marriage was very tumultuous, filled with much concern about his young wife’s behaviour and actions and they had been estranged for a considerable period prior to the time of his death in 2011.
SO DID HE PREPARE ANOTHER WILL REVOKING THE OVER IN THE LINK ABOVE?
Mr Kohlrautz’s instructions upon his death were very clear. In particular, Mr Kohlrautz’s instructions with regards to his estranged wife were very detailed, direct and precise.
REALLY? WHAT DOES HIS SWORN WILL SAY?
There is not, nor has there ever been, any formal challenge to the manner in which the estate was administered.
BSObserver 9 years, 8 months ago
None of this gives Mr Davis leave to BREACH fiduciary trust.
realfreethinker 9 years, 8 months ago
A thief is a thief,no matter what position they hold in society.
ThisIsOurs 9 years, 8 months ago
For time immemorial the story can be told of unsophisticated people who were tricked out of their land by wealthy sophisticated businessmen. These persons with little education no doubt never realized the value of what they were holding and what they so easily gave away. Does the "giving away" absolve the knowlegeable taker of the taking?
It's very strange that the executor of a will could left with 100% leverage over the multi million dollar estate for which he was charged to protect.
killemwitdakno 9 years, 8 months ago
IT'S HAPPENED BEFORE
birdiestrachan 9 years, 8 months ago
Mr. Davis was not this woman's lawyer .She had a lawyer who represented her interest.. I have no idea where this 200 to 300 million dollar house was located, But according to what she said it must be on a cannel. it is not beach property, Now let me say Our Lucaya in the Grand Bahama real estate market will have problems, selling for that kind of money, at this time. Why is the spot light on Mr. Davis and not on her lawyer.???
killemwitdakno 9 years, 8 months ago
you are not reading.
explains why you might not understand the spotlight.
ThisIsOurs 9 years, 8 months ago
Clearly Birdie wasn't reading but still might have a point, why would her lawyer agree to a 70,000 settlement from a 2 million piece of property. Wouldn't he have thought it odd that the property was sold to Mr Davis' company?
Publius 9 years, 8 months ago
Ah. The individual who drew up this will was in Davis' firm, as opposed to independent council doing so. Explains why Davis probably got such a large amount as a gift ($500,000) in that will; his firm drafted the will for which he is the Executor and Estate Trustee.
ThisIsOurs 9 years, 8 months ago
So which is it? Mr Davis clarified that Kohlrautz was not "his" client, but was he the client of another lawyer in Davis & Co.?
I don't know if there's anything sinister about the will itself though, I would hope to believe that everything in it was the wish of Mr Kohlrautz simply formalized by the firm.
ThisIsOurs 9 years, 8 months ago
All Mr Davis has to do to eliminate the talk is to say, in 2006, the property was appraised by such and such a firm at x dollars, it was listed for y amount of time with z offers none of which were over 200,000. After one year, two years whatever, on the market, my company bought the property. Yes it was a private transaction but Mr Davis is a public servant 2nd in line to the Prime Minister, it would make sense to dispel all the rumors. The two statements issued thus far just attack the widow's character, they don't address the property sale.
SP 9 years, 8 months ago
Pirate # 3 strikes again!
Islandman 9 years, 8 months ago
Did anyone see the name on page two (link in previous post) of the Kohlrautz will? He talks about (Shurland) as being the person who stole from him. In the Miami Herald article look at the name of the person who represented the widow for probate: "Batista said she hired Freeport attorney Carlson Shurland to represent her because she did not like Davis. Shurland was present on March 17, 2011, when she signed two documents that she claims translator Adriana Alain described to her as accepting a $30,000 cash advance from the estate. Batista speaks little English." -Miami Herald So the question begs, are they related in any way? And if the home did sell for $200,000 instead of the market value of 2-3 million, the 10% stamp tax paid would have been only on the $200k. If it sold for say 3-million, the tax collected would have been $350,000. Isn't it illegal to sell a home under the market value to avoid stamp tax that belongs to the Bahamian people? Just sayin'
sheeprunner12 9 years, 8 months ago
You are dealing with a set of coat suit crooks who have perfected the art of robbing people and government for the past 30 -40 years.
Islandman 9 years, 8 months ago
The woman who Kohlrautz said stole from him in court documents is named Annaliese Dietrich Shurland. The document below says she married an attorney named Kemuel Shurland. The widows attorney was named Carlson Shurland. Do I have this right? Coincidence? http://www.trusts.it/admincp/Uploaded...">http://www.trusts.it/admincp/Uploaded...
Publius 9 years, 8 months ago
Kemuel is Carlson's deceased brother. Kemuel was a well known attorney in Grand Bahama who died many years ago.
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