Justia Trusts & Estates Opinion Summaries

Virginia Ladd appealed the grant of summary judgment in favor of Margaret Stockham, as personal representative of the estate of Herbert Stockham, deceased (appeal no. 1140365). Stockham cross-appealed the circuit court's denial of her motion for reimbursement of costs and attorney fees (appeal no. 1140407). Ladd was a beneficiary of three trusts that each held preferred and common stock in SVI Corporation ("SVI") (collectively, "the trusts"). Ladd sued Stockham for actions taken when Stockham served on the Board of Directors for SVI. After review of the specific facts entered in the circuit court record, the Alabama Supreme Court found no reversible error as to the grant of summary judgment in case 1140365. The Court concluded Stockham demonstrated that the circuit court exceeded its discretion in denying her request for reimbursement of costs and attorney fees. In case no. 1140407, the Supreme Court reversed the circuit court's order denying Stockham's motion for the reimbursement of costs, attorney fees, and litigation expenses and remanded the case for the circuit court to reconsider Stockham's motion. View "Stockham v. Ladd" on Justia Law

Norman Ussery appealed a circuit court order dismissing his action in a will contest against Alan Terry ("Alan"), as executor of the estate of Donald R. Terry ("Donald"). Ussery argued that the circuit court's dismissal of his complaint conflicted with "Hons v. A. Bertolla & Sons," (537 So.2d 456 (Ala. 1988)), a case in which the Alabama Supreme Court interpreted the application of sections 43-8-199 and -200, Ala. Code 1975, included in the will-contest provisions of the Code. Alan argued in response: (1) that Ussery appealed as to only one of two grounds that Alan said were the circuit court's bases for dismissal; (2) that the circuit court ruled that joinder of indispensable parties was not possible and that Ussery failed to appeal that ruling; (3) that the circuit court correctly dismissed the will contest pursuant to the joinder requirements under the Alabama Rules of Civil Procedure; and (4) that "Hons" should have been overruled to the extent that it held that absent parties could be joined beyond the six-month period prescribed by 43-8-199. The Supreme Court disagreed with Alan's contentions on appeal, and reversed the circuit court. "After Ussery filed his complaint, the circuit court first should have determined whether it was a proper complaint under the provisions of 43-8-199. Then, if it was determined that the complaint met the statutory requirements, the circuit court, upon appropriate motion, should have joined 'interested parties' who were absent." View "Ussery v. Terry" on Justia Law

Emma Carter Hardy, acting on behalf of the estate of Julius Carter, Sr., appealed a final order entered by the Montgomery Circuit Court against her and in favor of Julius Hardin in a will contest. Hardy was the daughter of Julius Carter, Sr.; Hardin was the son of Thelma Carter Malone, who was also Carter's daughter. Hardy filed a petition with the Probate Court for letters of administration as to Carter's estate. Hardy alleged in the petition that Carter had died "leaving no Last Will and Testament, so far as [Hardy] knows or believes," and that the only asset of Carter's estate was a parcel of real property located in Montgomery County. The parcel of real property consisted of approximately 180 acres that Carter had farmed. At a hearing for the final settlement of the estate, Hardin filed a letter challenging the estate's administration. The Supreme Court found that the probate court noted Hardin failed to prove fraud as he alleged at the final settlement hearing. The Court therefore concluded the circuit court erred by reversing the probate court and rendering judgment in Hardin's favor. Accordingly, the circuit court was reversed and the matter remanded for further proceedings. View "Hardy ex rel. the Estate of Julius Carter, Sr. v. Hardin" on Justia Law

These appeals before the Supreme Court were the result of a family dispute that occurred following the death of Mr. B.J. Kirkley in 2011, concerning his will and his interest in Kirkley LLC.Karen Ann Kribel Kirkley, individually and as personal representative of the estate of B.J. Kirkley; Holly Muncie; and J. Alexander Muncie III ("Alex"), as trustee of the Karen Ann Kribel Kirkley Testamentary Trust appealed a circuit court's "order regarding granting of new trial" in favor of Donna Jo Kirkley Phillips and Kirkley, LLC (appeal no. 1130812). Donna Jo and Kirkley LLC cross-appealed the same order, but also filed a motion to dismiss the appeal filed by the estate plaintiffs on the basis that the order was not a final order and that the monetary judgment in the case has been satisfied (appeal no. 1130850). The Supreme Court agreed that the circuit court's order was not final, so the appeals were dismissed. View "Kirkley v. Phillips" on Justia Law