The family members of late actor Mickey Rooney have settled their dispute over a burial site and have decided to make Hollywood Forever Cemetery his final resting place. The Hollywood legend died on Sunday (06Apr14) aged 93, and his body had remained unclaimed in Los Angeles' Forest Lawn Cemetery mortuary while his conservator and attorney Michael Augustine, and Rooney's estranged wife, Janice Rooney, debated on where to take his remains.
Augustine filed court papers in Los Angeles Superior Court on Tuesday (08Apr14) banning Janice and her son Chris Aber from removing Mickey from Forest Lawn, stating that the removal would have been against the late actor's wishes.
Janice insisted her husband wanted to be interred in a plot next to hers at a cemetery in Westlake Village, California, while Augustine maintained his client wished to be buried at a veterans' cemetery or next to other actors at a Hollywood location.
The two parties were due to go to court over the matter on Friday (11Apr14), but the agreement reached on Thursday (10Apr14) allows his body to be moved from Forest Lawn "to Hollywood Forever Cemetery for the disposition of his remains," according documents obtained by TheWrap.com.
It also states that Aber and his wife Christina, whom Mickey had claimed abused him while they served as his caretakers, will not be allowed at the private family ceremony.
In addition, Janice can only attend any public ceremony for Mickey, but cannot attend any such events with the Abers.
In 2011, the former child star was granted a temporary restraining order against his stepson Chris, amid claims he was being financially abused by unnamed family members.
Late actor Mickey Rooney cut his estranged wife and children from his will by leaving his estate worth $18,000 (£10,751) to his stepson, Mark Rooney.
The Hollywood legend died on Sunday (06Apr14) at the age of 93 due to natural causes, including complications related to diabetes. Rooney's will was filed in Los Angeles Superior Court on Tuesday (08Apr14), nearly a month after he signed it, leaving his stepson Mark, and Mark's wife, as the sole beneficiaries of his $18,000 estate. He designated his attorney, Michael Augustine to be the executor, specifically detailing that he did not want any of his relatives handling his last affairs.
Rooney had been a working actor for more than 80 years and one of Hollywood's highest paid actors in the 1940s, but he blamed his small fortune on financial mismanagement by his other stepson Chris Aber, Mark's brother. At the time of his death, Rooney was living with Mark, who served as his caretaker. Rooney disinherited his estranged wife Janice and his eight surviving children from his eight marriages in his will. His wife will receive his social security benefits and some of his pension earnings, but agreed to waive any right of inheritance.
Meanwhile, plans for Rooney's final resting place are being made, as an agreement was reached on Tuesday not to remove his body from a Los Angeles mortuary until a court hearing on Friday (11Apr14) to determine where the actor will be buried.
The Babes on Broadway actor won a restraining order against Christopher Aber and his wife earlier this year (11) amid claims Aber had been attempting to convince the star to sign over control of his assets, leaving the 90 year old fearing for his safety.
Rooney's attorney Michael Augustine was appointed temporary conservator of his legal and financial affairs in March (11).
Now the actor is suing Aber, accusing him of spending the star's money "as if it were his own" and keeping him "in poverty", according to papers filed in Los Angeles.
Aber and his wife have been accused of breach of trust, abuse and fraud over the last decade, after he allegedly paid himself a generous salary out of Rooney's earnings.
The legal documents, obtained by the BBC, state, "While Chris instilled fear in Mickey and kept him in poverty, Chris took advantage of his unfettered access to Mickey's income. Chris consistently paid himself a generous salary from Mickey's earnings, took advances on his salary and spent Mickey's money as if it were his own."
But Aber, who is the son of Rooney's eighth wife Jan Chamberlin, is accusing the star's legal team of driving the case.
He says, "This lawsuit is not from Mickey Rooney - it's from his conservators who are stealing from him."