Court Reviews Orders Regarding Legal Representation in a Conservatorship Action

IN RE CONSERVATORSHIP FOR WILLIAM J. ALLEN (Tenn. Ct. App. December 29, 2010)

In this conservatorship action, we granted the application of Jay R. Slobey, James A. Freeman, III and Megan E. Livingstone, all attorneys, for a Tenn. R. App. P. 10 extraordinary appeal seeking relief with respect to two interlocutory orders of the trial court.

The orders are:
(1) one prohibiting attorneys with the law firm of James A. Freeman & Associates, P.C. from representing William J. Allen ("the Ward"); and
(2) another appointing attorney David L. Robbins as "Attorney ad Litem" but requiring him to perform duties "pursuant to T.C.A. section 34-1-107," a statute dealing with guardians ad litem.

After this appeal was granted, the trial court entered an order purporting to "amend its order . . . which appoints David L. Robbins to serve as Attorney ad Litem pursuant to Tenn. Code Ann. section 34-1-107 . . . to reflect that David L. Robbins is to serve . . . pursuant to Tenn. Code Ann. section 34-1-125," a statute pertaining to attorneys ad litem. The court"s amending order is also being challenged.

We (a) affirm the order prohibiting the representation of the Ward by attorneys from the law firm of James A. Freeman & Associates P.C., and (b) vacate the order appointing Mr. Robbins and the later order purporting to amend the order of appointment.

Opinion available at:
http://www.tba2.org/tba_files/TCA/2010/allenw_122910.pdf

Court Reviews Whether Appellee had Standing to Make a Claim for Decedent’s Funeral Expenses

IN THE MATTER OF: ESTATE OF CURTIS RINDA, TERRY ABERNATHY, ADMINISTRATOR (Tenn. Ct. App. December 27, 2010)

Appellant, the Estate of the Decedent herein, appeals the Chancery Court of McNairy County's denial of the Estate's exception to a claim for Decedent's funeral expenses. Decedent's brother, the Appellee herein, held a power of attorney for his father (who is also Decedent's father). Appellee exercised the power of attorney to arrange Decedent's funeral and to pay for that funeral with the father's funds.

The claim, which was filed in Appellee's name only, was excepted by the Estate, on grounds that Appellee had no standing to file the claim because he did not, in fact, pay the funeral expenses. The trial court allowed the claim, but held that it was payable to the father. The Estate appeals. We find that the existence and amount of the claim are supported by the record, and that Appellee's power of attorney authorized him : (1) to bind the father to the funeral contract, (2) to pay the funeral expenses from the father's funds, and (3) to file a claim against the Estate, on behalf of the father, to recoup those expenses from the Estate. The decision reached by the trial court is affirmed.

Opinion available at:

http://www.tba2.org/tba_files/TCA/2010/rindac_122710.pdf

Court Reviews a Case Involving the Failure by Decedent’s Husband to Return Property to the Estate

IN RE THE ESTATE OF SEPAL FLOGENE BOREN EMBERTON, DECEASED (Tenn. Ct. App. December 21, 2010)

This is an appeal from the probate court's award of $66,107.14 to Decedent's Estate for the value of property Decedent's husband did not return to the Estate following her death. The Administrators of the Estate appeal the court's failure to award the Estate the value of certain jewelry the husband allegedly converted. The husband appeals the court's valuation of the property he failed to return to the Estate. Because the evidence does not preponderate against the court's findings, we affirm.

Opinion available at:

http://www.tba2.org/tba_files/TCA/2010/embertons_122110.pdf