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
Wednesday, December 29, 2010
Monday, December 27, 2010
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
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
Tuesday, December 21, 2010
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
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
Monday, November 29, 2010
Court Reviews a Case Involving Different Wills that were Submitted for Probate in Different States
IN RE ESTATE OF BILLY JOE WALLS (Tenn. Ct. App. November 29, 2010)
This appeal arises out of a challenge to the trial court's subject matter jurisdiction. Upon the death of the testator, Billy Joe Walls, wills executed by him were submitted for probate in different states. Patricia Pemberton was appointed personal representative under a 2009 will admitted to probate in the trial court. Barbara Brown is the appointed personal representative under a 2007 will admitted to probate in the Circuit Court of Morgan County, Alabama. Brown initiated these proceedings by filing a complaint in the trial court to contest the will submitted by Pemberton. Subsequently, Brown sought summary judgment, asserting that the trial court lacked subject matter jurisdiction. Alternatively, Brown moved to transfer the case to Alabama under the doctrine of forum non conveniens. The trial court dismissed Pemberton's petition on both grounds. She appeals. We affirm.
Opinion may be found here:
http://www.tba2.org/tba_files/TCA/2010/wallsb_112910.pdf
This appeal arises out of a challenge to the trial court's subject matter jurisdiction. Upon the death of the testator, Billy Joe Walls, wills executed by him were submitted for probate in different states. Patricia Pemberton was appointed personal representative under a 2009 will admitted to probate in the trial court. Barbara Brown is the appointed personal representative under a 2007 will admitted to probate in the Circuit Court of Morgan County, Alabama. Brown initiated these proceedings by filing a complaint in the trial court to contest the will submitted by Pemberton. Subsequently, Brown sought summary judgment, asserting that the trial court lacked subject matter jurisdiction. Alternatively, Brown moved to transfer the case to Alabama under the doctrine of forum non conveniens. The trial court dismissed Pemberton's petition on both grounds. She appeals. We affirm.
Opinion may be found here:
http://www.tba2.org/tba_files/TCA/2010/wallsb_112910.pdf
Monday, November 1, 2010
Court Reviews Whether an Attorney-in-Fact Breached His Fiduciary Duty by Executing Twelve Wills Without Decedent’s Knowledge
ESTATE OF DAVID HOLT RALSTON, DECEASED, BY JOHN A. RALSTON, PERSONAL REPRESENTATIVE v. FRED R. HOBBS ET AL. (Tenn. Ct. App. November 1, 2010)
The personal representative of a decedent's estate filed this action to rescind twelve deeds, all of which were executed by the decedent's attorney-in-fact without the decedent's knowledge and for which the decedent received no consideration, or alternatively for damages. The attorney-in-fact conveyed the property to himself, his mother, and his daughter. The personal representative alleges that the attorney-in-fact breached his fiduciary duty in making the transfers.
The trial court agreed, and rescinded the conveyances for property still owned by the attorney-in-fact and awarded monetary damages against the attorney-in-fact for the value of property subsequently conveyed to innocent third parties.
The attorney-in-fact appeals claiming, inter alia, the personal representative lacks standing to bring a claim on behalf of the estate involving real property, that the action is barred by the statute of limitations, and that the trial court erred in finding that the durable power of attorney did not authorize him to transfer the property.
We have determined the personal representative has standing to maintain this action and the action was timely filed. We affirm the trial court's finding that the attorney-in-fact breached his fiduciary duty by conveying the property to himself, his mother, and his daughter for no consideration to the decedent. We also affirm the rescission of the deeds to property the attorney-in-fact still owns and the award of damages against the attorney-in-fact for the value of the real property that has since been conveyed to innocent third parties.
Opinion may be found here:
http://www.tba2.org/tba_files/TCA/2010/ralstond_110110.pdf
The personal representative of a decedent's estate filed this action to rescind twelve deeds, all of which were executed by the decedent's attorney-in-fact without the decedent's knowledge and for which the decedent received no consideration, or alternatively for damages. The attorney-in-fact conveyed the property to himself, his mother, and his daughter. The personal representative alleges that the attorney-in-fact breached his fiduciary duty in making the transfers.
The trial court agreed, and rescinded the conveyances for property still owned by the attorney-in-fact and awarded monetary damages against the attorney-in-fact for the value of property subsequently conveyed to innocent third parties.
The attorney-in-fact appeals claiming, inter alia, the personal representative lacks standing to bring a claim on behalf of the estate involving real property, that the action is barred by the statute of limitations, and that the trial court erred in finding that the durable power of attorney did not authorize him to transfer the property.
We have determined the personal representative has standing to maintain this action and the action was timely filed. We affirm the trial court's finding that the attorney-in-fact breached his fiduciary duty by conveying the property to himself, his mother, and his daughter for no consideration to the decedent. We also affirm the rescission of the deeds to property the attorney-in-fact still owns and the award of damages against the attorney-in-fact for the value of the real property that has since been conveyed to innocent third parties.
Opinion may be found here:
http://www.tba2.org/tba_files/TCA/2010/ralstond_110110.pdf
Monday, September 20, 2010
Court Reviews a Petition for Probate of a Lost Will
THE ESTATE OF ELLA MAE COCKRILL (Tenn. Ct. App. September 20, 2010)
The son of a woman who died at the age of ninety-four filed a petition for probate in solemn form of his mother's lost will. After examining a photocopy of the alleged will and hearing proof from six witnesses, the trial court granted the petition. One of the granddaughters of the decedent appealed, and she has presented a number of arguments to suggest that the trial court erred. We have considered her arguments on appeal, but in the absence of a trial transcript or a statement of the evidence, we must assume that the trial court's decision is fully supported by the record. We accordingly affirm.
Opinion available at:
http://www.tba2.org/tba_files/TCA/2010/cockrille.pdf
The son of a woman who died at the age of ninety-four filed a petition for probate in solemn form of his mother's lost will. After examining a photocopy of the alleged will and hearing proof from six witnesses, the trial court granted the petition. One of the granddaughters of the decedent appealed, and she has presented a number of arguments to suggest that the trial court erred. We have considered her arguments on appeal, but in the absence of a trial transcript or a statement of the evidence, we must assume that the trial court's decision is fully supported by the record. We accordingly affirm.
Opinion available at:
http://www.tba2.org/tba_files/TCA/2010/cockrille.pdf
Court Reviews a Petition for Probate of a Lost Will
THE ESTATE OF ELLA MAE COCKRILL (Tenn. Ct. App. September 20, 2010)
The son of a woman who died at the age of ninety-four filed a petition for probate in solemn form of his mother's lost will. After examining a photocopy of the alleged will and hearing proof from six witnesses, the trial court granted the petition. One of the granddaughters of the decedent appealed, and she has presented a number of arguments to suggest that the trial court erred. We have considered her arguments on appeal, but in the absence of a trial transcript or a statement of the evidence, we must assume that the trial court's decision is fully supported by the record. We accordingly affirm.
Opinion available at:
http://www.tba2.org/tba_files/TCA/2010/cockrille.pdf
The son of a woman who died at the age of ninety-four filed a petition for probate in solemn form of his mother's lost will. After examining a photocopy of the alleged will and hearing proof from six witnesses, the trial court granted the petition. One of the granddaughters of the decedent appealed, and she has presented a number of arguments to suggest that the trial court erred. We have considered her arguments on appeal, but in the absence of a trial transcript or a statement of the evidence, we must assume that the trial court's decision is fully supported by the record. We accordingly affirm.
Opinion available at:
http://www.tba2.org/tba_files/TCA/2010/cockrille.pdf
Subscribe to:
Posts (Atom)