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Happy anniversary of Elvis Presley's "death"

I've had many people contact me wondering about Eliza Presley's case and her efforts to prove that she is the daughter of Vernon Presley and half-sister of Elvis Presley.  In doing so, she's also trying to show that Elvis is still alive and she has DNA evidence to prove it.Elvis gravesite

So it seemed appropriate to share an update about her case on August 16th, 2010 ... exactly 33 years after the day that the history books mark as when Elvis died.  Click here to review the first installment of my four-part discussion about Eliza's case and why -- as hard as it was for me to swallow at first -- I believe she's telling the truth and Elvis really is alive.

On August 6, 2010, Eliza's attorney filed a Motion for Default Judgment, asking the Chauncery Court in Tennessee to enter a default judgment on her Complaint to Determine Parentage and Heirship against Lisa Marie Presley and all other surviving or unknown heirs of Vernon Presley.  You can read the Motion for Default here.

Despite the fact that Lisa Marie was legally served and notice was published for all heirs one year ago, no one has come forward to respond to the lawsuit or challenge Eliza's claims in court.  You can read the Complaint that started the lawsuit here.

When Eliza initially filed suit to have Vernon Presley's estate reopened in probate court, her efforts were opposed by an attorney who said he represented various Presley interests, but Eliza won and the estate was reopened.  This is a separate lawsuit, however, and this time no one has even tried to stand against her.

The Judge is scheduled to rule on the Motion by September 10, 2010.  Because no opposition is expected, Eliza's request will likely be granted and an order should be entered legally recognizing her as the heir to Vernon Presley.

But, of course, being legally recognized as an heir and having proof to show the world that the history books should be rewritten are two different things.  Obtaining the court order will only be one more step in Eliza's journey.  But it will certainly be a big step in her quest to prove she's neither lying nor crazy.

So if you're one of the thousands of fans visiting Graceland today to pay tribute to the late Elvis Presley, take lots of pictures.  This may be the last anniversary that you have a reason to visit the gravesite.

Posted by:  Author and probate attorney Andrew W. Mayoras, co-author of Trial & Heirs: Famous Fortune Fights!  and co-founder and shareholder of The Center for Probate Litigation and The Center for Elder Law in metro-Detroit, Michigan, which concentrate in probate litigation, estate planning, and elder law.

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