In re Estate of Arthur
302 S.W.3d 284 (Tenn. Ct. App. 2009)
In Arthur, the Court of Appeals affirmed the Probate Court’s ruling and held that the Probate Court has authority to award an attorney’s lien against an executor in his or her personal capacity. The executor, in his personal capacity, argued that the probate court did not have jurisdiction to hear a dispute over a personal debt of the executor of the Estate. However, relying on T.C.A. § 16-16-107, the Court of Appeals held that the Probate Court has jurisdiction to grant a lien for attorney’s fees where the money or property that is the subject of the lien is within the control of the Probate Court.
