Thursday, November 29, 2018

Campbell Estate Estimate Doubles


By Walter F. Roche Jr.

The estimated value of the estate of Glen Campbell has more than doubled but it is still well below early unofficial estimates.
In a report filed Thursday in Davidson Probate Court, Stanley B. Schneider, the interim administrator, put the new figure at $1.229 million, up from an earlier estimate of $410,221.
According to the four-page filing, the revised estimate includes a newly calculated estimate of $1.1 million in future royalty rights. Court records show that an outside expert was hired to compute that figure.
Schneider's report also includes three payments from Campbell's music interests from the time of his death on Aug. 8 of last year until April 20 of this year. Those payments from Seventh Son Music and Glen Campbell Music totaled $1,779.
In addition to the music payments, Schneider listed a $14,247 payment from an insurance claim for damage to a California property that has since been sold.
Other projected income includes $25,071 from Glen Campbell Music, $84,460 from Glen Campbell Enterprises and $9,637 from Seventh Son Music.
The estimated future value of Campbell's likeness and image is listed at $10,000.
A hearing has been scheduled for Dec. 13 on a motion to formally accept the will filed in the case by Campbell's widow, Kimberly.
A challenge to that will had been filed by three of Campbell's children, but that effort was recently dropped. The three, Kelli, Travis and Wesley Campbell, are specifically excluded from any inheritance under the 2006 will filed by Kimberly.
The $410,221 estimate of the estate's value was filed in April.

Thursday, November 1, 2018

2nd Lawyer Drops Campbell Will Challenge.

By Walter F. Roche Jr.

Citing unforeseen ethical concerns, the lawyer representing the three disinherited children of the late singer Glenn Campbell is asking the court to approve his withdrawal from the case.
In a motion filed today in Davidson Probate Court, David Callahan, who had signed on to represent the three after their first attorney bowed out, said an unforeseen ethical issue was forcing his withdrawal.
As Callahan's motion indicates that leaves little time for Travis, Kelli and Wesley Campbell to find another attorney before impending deadlines set by Probate Judge David "Randy" Kennedy.
Callahan did not detail the conflict but said he only recently learned of it.
The original attorney for the three, Christopher Fowler, withdrew in September for unspecified reasons.
The three Campbell children have filed notice that they intend to challenge Campbell's competency to approve the will filed last year by his widow Kimberly. They also have raised an "undue influence" challenge.
Callahan stated in his motion that he was unaware of the "present ethical conundrum" when he agreed to take the case.
While Kennedy approved Fowler's withdrawal from the case, he also has set a series of deadlines and set an April 14, 2019 trial date.
The 2006 will filed by Kimberly Campbell names her as executor and specifically bars the three from any benefit from his estate.
Campbell died in August of last year following a long battle with Alzheimer's disease. The 2016 will now under challenge names Kimberly and his five other children as beneficiaries.
In an order issued in late August, Kennedy set a series of deadlines for discovery, including the taking of depositions.
In seeking to withdraw, Callahan said that even if they were to schedule depositions every day in November they could not meet the current deadlines.'
The motion states that information filed for the estate shows that some 31 witnesses must be deposed and information gathered from seven facilities where Campbell received treatment.
The health facilities, like the witnesses "are scattered across the United States from Los Angeles to Nashville," Callahan's three page motion states.
"It would work extreme hardship on them if they are required to forego key witness depositions simply due to the lack of time," the motion concludes.

Wednesday, October 17, 2018

$1.3 Million in Campbell Estate Claims Challenged


By Walter F. Roche Jr

A recently appointed administrator in the estate of singer Glen Campbell is disputing more than $1.3 million in claims filed by his widow Kimberly.
In a series of filings in Davidson Probate Court, Blaine H. Smith has challenged five separate claims filed by Kimberly Campbell, who is also the administrator of the estate. The items challenged include funds spent to place Campbell in an assisted living facility in the months before his Aug. 17, 2017 death.
Smith was appointed in September by Probate Court Judge David Randy Kennedy as a special administrator to review the five claims submitted by Kimberly Campbell since the estate was opened in 2017.
Among the claims Smith deemed to be defective was a $330,609.93 filing for medical expenses for Campbell who died following a long battle with Alzheimer's disease. The largest single claim challenged was for $506,380.93.
A $301,408 claim, also disputed, seeks reimbursement to payoff a mortgage held on a property owned in California. The property has since been sold.
Smith said that one of the claims Kimberly filed was for a $175,771 payment made from a joint checking account with her husband. As a result Smith stated that she might be eligible for partial reimbursement, but not the entire amount.
Another claim, Smith's motion stated, appeared to be inconsistent with a spreadsheet submitted to justify the claim.
Other objections included claims for unspecified items charged to a credit card "with no particularity."
In other recent action in the estate, a new lawyer, David J. Callahan of Nashville, has entered an appearance for three of Campbell's children who are disputing the will filed by Kimberly. That will specifically excludes the three from any inheritance.
The prior attorney, Christopher Fowler, withdrew in September.
Kennedy recently approved the payment of $16,000 for an expert to estimate the future value of Campbell's royalties.
A hearing has been scheduled for Nov. 21 on the challenges filed by Smith.
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Tuesday, September 4, 2018

Campbell Children Seek Estate Delay


By Walter F. Roche Jr.

Charging that the schedule set for a challenge to the late Glen Campbell's will is unattainable, Campbell's three disinherited children are seeking an emergency hearing to challenge that timetable.
In a four-page filing in Davidson Probate Court, Kelli, William and Wesley Campbell also said that one of the items mandated in the schedule is not even required under Tennessee law.
The three children are challenging the will filed last year by the late singer's widow, Kimberly. That will specifcally excludes the three from any inheritance and earmarks the estate assets to Kimberly and her five other children.
As the latest filing relates, the scheduling order issued last week by Probate Judge David "Randy" Kennedy gave the contesting children just three days to file a formal complaint detailing the basis for their challenge.
Christopher Fowler, representing the three challengers, responded by stating that he and his clients "believed in good faith," that all deadlines were halted pending the motion for a status conference scheduled for Sept. 14.
The filing asks Kennedy to provide "a minimum time" for the preparation of a formal complaint. The filing also repeats the contention that state law does not even require those contesting a will to file a formal complaint.
Kennedy has already stated that the challenge is based on the question of Campbell's competency and charges of undue influence.
The challengers also indicated that if Kennedy does not grant further time, they may pursue an immediate appeal to a higher court.
Campbell died on Aug. 8 of last year following a long battle with Alzheimer's disease.
Under the schedule issued last week by Kennedy the trial on the will contest would be held on April 14 of next year. His order followed the recommendations of Kimberly Campbell. The contestants suggested a schedule with a trial in late 2019.
Contact: wfrochejr999@gmail.com

Wednesday, August 29, 2018

Trial Date Set on Campbell Will Challenge


By Walter F. Roche Jr.

A Nashville judge has set an April 14 trial date for the challenge to the will of the late singer Glen Campbell.
In a brief order issued today Judge David "Randy" Kennedy also set a strict schedule for the handling of pre-trial matters including the designation of expert witnesses and the timing of depositions.
Campbell, who died a little over a year ago, specifically excluded three of his children - William, Kelli and Wesley - from any inheritance. They are the ones challenging the will filed by Campbell's widow Kimberly.
Under Kennedy's order the three challengers must file their arguments that the will is invalid by the end of this week.
A response to those arguments from Kimberly and the five other children is due Sept. 14. Expert witnesses must be named by Sept. 28 and pre-trial motions are due Jan. 21 with a hearing on Feb. 15.
As Kennedy's order notes the challenge is based on undue influence and competency.
Campbell's Aug. 8, 2017 death followed a long battle with Alzheimer's disease.
The April trial date had been urged by Kimberly Campbell's lawyers, while the three contestants argued for a later trial date.
Contact: wfrochejr999@gmail.com

Wednesday, August 22, 2018

Campbell Estate Contest Heats Up


By Walter F. Roche Jr.

The battle over the estate of Glen Campbell has heated up again as the three children disinherited under a disputed will and the late singer's widow cannot even agree on when the case will go to trial.
The lawyer for the three Campbell barred from any inheritance is asking Davidson Probate Judge David "Randy" Kennedy to hold a hearing next month to resolve the dispute.
Campbell, 81, died on Aug. 8 of last year after a long battle with Alzheimer's disease. The will filed late last year leaves his estate to his widow Kimberly and five of his eight children.
The three disinherited children, William. Kelli and Wesley Campbell want the trial on their challenge to be held in late 2019 while Kimberly Campbell, Glen Campbell's widow, wants the trial to begin seven months earlier on April 1 of next year.
In addition the two sides are arguing over whether the late singer's business manager, Stanley B. Schneider, should be required to respond promptly to a subpoena seeking detailed financial and legal records spanning decades. Among documents sought are details of Campbell's ownership stake in the Arizona Diamondbacks.
Lawyers for Schneider and Mrs. Campbell say the subpoena cannot become effective until the trial date and other deadlines are set.
Calling the objection to the subpoena baseless, Christopher Fowler, attorney for the three children, wrote that the lack of a scheduling order is no reason to halt discovery.
"Mr. Schneider should be required to answer the subpoena, as issued, in a timely manner," the filing states.
He also disputed the claim that some of the documents were too old to be immediately available.
"The fact that the documents are old does not make them undiscoverable," the five page brief states.
Fowler also argued that the three children should not be required to file a formal complaint stating the reasons for contesting the will.
"No statute requires the filing of a complaint," the motion states, noting that Kennedy already has stated that the grounds for contesting the will are "undue influence and lack of testamentary capacity."
Contact: wfrochejr999@gmail.com

Thursday, August 16, 2018

Judge OKs New Powers in Campbell Estate


By Walter F. Roche Jr.

A Nashville judge has expanded the powers of the administrator of Glen Campbell's estate but at the same time ordered him to provide a detailed analysis of a recently disclosed joint bank account where some of his royalties have been deposited.
In a four-page ruling issued this week Davidson Probate Judge David "Randy" Kennedy authorized Stanley B. Schneider, the interim estate administrator, to pay bills including $12,640 in funeral expenses and a $23,699 retainer for an expert to estimate the value of future royalties.
At the same time, however, Kennedy ordered Schneider to reconcile a joint bank account the late singer had with his wife Kimberly, listing all transactions since the singer's death last year.
Campbell, who was suffering from Alzheimer's disease, died in early August of last year. His will is being contested by three of his children who were specifically excluded from any inheritance.
Schneider who served as Campbell's business manager, had petitioned the court for the power to pay pay taxes and other estate obligations.
Kennedy's order authorizes the payment of $1,550 in Tennessee taxes. According to the order federal taxes on the estate are estimated at $100,000.
While Schneider was authorized to pay bills, Kennedy also ordered him to provide a detailed accounting of a recently disclosed joint bank account the late singer maintained with his wife Kimberly.
Under the order Schneider is required to determine what funds in the account are considered community property with Kimberly and what funds belong to the estate.
He also was ordered to determine what expenses should be reimbursed to Campbell's widow. Schneider was also told to to determine the amount of royalties are owed "as a result of his previous marriage to his prior wife."
Schneider was also ordered to file a revised inventory of the estate "if needed."

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Tuesday, July 24, 2018

Campbell Will Contest Goes Forward


By Walter F. Roche Jr.

A Nashville judge has ruled that three children of the late Glen Campbell have a right to contest the validity of two wills that cut them off from any inheritance from the late singer.
In a three-page ruling issued this week, Davidson Probate Judge David Randy Kennedy concluded that the three children have standing to contest wills dated Sept. 1, 2006 and Jan.7,2001.
Travis, Kelli and Wesley Campbell had petitioned the court to certify that a will contest existed. The three were left out of both wills.
Kennedy noted in his ruling that the three intended to contest the singer's capacity to agree to the wills and also that he was subject to undue influence. Campbell had suffered from Alzheimer's disease for several years prior to his death on Aug. 7 2017.
The 2006 will was filed by Campbell's widow Kimberly who was also named executor of his estate. Kimberly Campbell recently filed notice she would not challenge the right of the three children allenge the right of the three to contest the will. Kennedy noted in his decision that there was no opposition to the certification request.
The 2006 will names Kimberly and his five other children as beneficiaries.
A fourth Campbell child, Debbie Campbell-Cloyd, has raised questions about the actions of a former publicist and manager for the singer, Stanley B. Schneider, who has been acting as a temporary administrator of the estate.
Campbell-Cloyd has asked Kennedy to order Schneider to provide a full accounting of payments made from the estate and a bank account into which Campbell's royalties have been deposited. Campbell-Cloyd said the royalties should have been deposited into an estate account.
Instead, even after Campbell's death the money went into an account controlled by Kimberly and Glen Campbell. Schneider, according to court filings, had power of attorney over the account.
Contact: wfrochejr999@gmail.com




Saturday, July 14, 2018

Daughter Demands Accounting in Campbell Estate


By Walter F. Roche Jr.

A daughter of the late Glen Campbell wants a judge to order a complete accounting of payments to and from a previously undisclosed bank account now owned by the singer's widow, Kimberly.
In an eight-page filing this week, Debby Campbell-Cloyd said she only learned of the account after the temporary administrator of her father's estate filed an amended request for expanded powers.
In the same filing the administrator, Stanley B. Schneider, also disclosed that all royalty and related payments for the late singer have been deposited into that same account even after his death. It had been a joint account previously.
Campbell-Cloyd "asserts that the administrator ad litem should not be depositing any royalty payments made to Mr. Campbell in any account other than the account for the estate of Glen Campbell he was authorized and ordered to do so," the filing states.
While Schneider had asserted that he lacked the authority to redirect the money, Cloyd-Campbell asserted, "To the extent he failed to do so, the court should order the administrator as litem to deposit all funds made payable to Mr. Campbell or the estate of Mr. Campbell into the estate account."
The filing is the latest skirmish over the estate of the singer who died on Aug. 12 of last year. Three of Campbell's other children already have filed notice that they are contesting the will filed in the case. That document specifically excludes the three from receiving any benefits. The will was filed in Davidson Probate Court in Nashville, Tenn.
The Campbell-Cloyd motion, filed by attorney R. Frank Horton, also asks Probate Judge David Randy Kennedy to order Schneider to promptly account for all payments to or from the account.
The daughter's motion also disputes the claim by Schneider and his attorneys, that the limited power he has been granted thus far has "paralyzed" the estate.
Schneider, her filing continues, "should not be excused from complying with the statutes and rules of practice applicable to his administration of the decedent's estate."
Schneider, in his filing, noted that he and his firm had been handling the Campbell's finances for nearly 30 years and that under a "longstanding arrangement" he held a power-of-attorney on the joint account.
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Monday, July 2, 2018

Glenn Campbell Estate "Paralyzed"


By Walter F. Roche Jr.

Warning that federal deadlines are approaching, the interim administrator of the estate of famed singer Glen Campbell is asking a judge for additional powers so he can hire accountants and other experts to estimate the future value of royalties and other assets.
In a motion filed today in Davidson Probate Court in Nashville, Tenn., lawyers for Stanley B. Schneider, Campbell's longtime publicist, said even though the estate was filed nine months ago, administrative duties have been paralyzed by the limited powers set by the court in February.
Stating that Schneider's duties are now limited to collecting money paid to the estate and making mandatory non-discretionary payments, the petition asks Probate Judge David "Randy" Kennedy to schedule a hearing later this month on the expanded duties request.
Campbell died on Aug. 8 of last year following a years long battle with Alzheimer's Disease.
His will, filed by his wife Kimberly, specifically excludes three of his children who are now challenging the will.
Schneider's petition states that the will contest is another factor in the delay in meeting tax filing deadlines.
"The potential will contest prevents any typical estate administration activities," the motion filed by Andrea Sinlair states.
According to the motion, the original deadline for filing an estate inventory was May 8, but a six month extension will expire Nov. 8.
Stating that experts are needed to assess the value of future royalties and other estate assets, the petition asserts that Schneider now lacks the power to hire or pay needed assessors and accountants.
"A filing (by the deadline) is critical to ensure that the deceased spouse's unused exclusion amount be transferred to Mrs. Campbell," the petition states, referring to a prior motion filed on Kimberly's behalf.
Schneider's petition also asks the court to order those contesting the will to certify the will contest "so that he can form an expectation of how long he will be required to serve."
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Wednesday, June 6, 2018

Campbell California Property Sold


By Walter F. Roche Jr.

A California recording studio utilized by the late Glen Campbell has been sold and his widow is seeking reimbursement from his estate for the $301,408 mortgage she had to pay to complete the sale.
Kimberly Campbell filed the motion this week in Davidson Probate Court in Nashville, Tenn. Records show the recording studio and home in Agoura Hills was sold for $881,123. The original asking price was over $900,000.
The reimbursement request is the second to be submitted by Kimberly Campbell. Previously she submitted a request for a little over $400,000 as reimbursement for the funds spent for the late singer's care during his battle with Alzheimer's Disease.
Campbell died in August of 2017 and a will filed by Kimberly specifically excluded three of his children from any inheritance. They have since filed notice to challenge the will but the presiding judge has yet to rule on the motion.
The California property which was sold for $881,123 had been purchased in 2006 for $780,000. In addition to the recording studio the 1,931 square foot home includes three bedrooms.
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Saturday, May 5, 2018

Campbell's Wife Moves to Protect Inheritance


By Walter F. Roche Jr.

In the midst of a court battle over the estate of famed singer Glen Campbell, his widow has moved to assure she can get at least 40 per cent of the late singer's behest.
In a filing Friday Kimberly Campbell asserted her right to invoke the provisions of a Tennessee law that guarantees a widow a set percentage of her late husband's estate in the event he died without a valid will.
The filing by Nashville attorney Paul Gontarek, who represents Kimberly Campbell, comes after three of Campbell's children have joined to challenge the validity of the will filed by Kimberly Campbell following his death on Aug. 8 of last year. That will specifically excludes the same three children from benefiting from his estate.
William T. Campbell, joined by Wesley K. Campbell Kelli G. Campbell, charged in a January filing that the 2008 will filed by Kimberly Campbell was invalid. The three were born during prior marriages.
Davidson Probate Judge David "Randy" Kennedy has yet to rule on the challenge and must first consider whether the three have legal standing to pursue their challenge.
"This election is being made in a protective manner in the event that the pending will contest is successful," the six-page filing states.
Under a provision in Tennessee probate law, the surviving spouse of a person who dies without a valid will gets 40 per cent of the estate if they were married nine or more years. Kimberly and Glen Campbell were married in 1982, some 34 years before his death.
In addition to the 40 percent share, Kimberly Campbell's motion seeks a year's support allowance in amount to be determined by the court.
The 2006 will names Kimberly as the executor and lists her and five Campbell children, Debra Cloy along with Dillon, Nicklaus, Shannon and Ashley Campbell as beneficiaries.
Though unofficial estimates have placed the value of the Campbell estate in the millions, a recent preliminary and partial estimate listed an estimated value of $420,221. That figure excluded future royalties from Campbell's songs.
Campbell died following a long battle with Alzheimer's disease.
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Monday, April 23, 2018

Campbell Estate Estimate Excludes Some Royalties



By Walter F. Roche Jr.

A court appointed administrator for the estate of the late singer Glen Campbell has come up with a partial preliminary estimate that is but a small fraction of the previous estimates of its value.
In a four-page filing in Davidson Probate Court in Nashville, Tenn. Stanley B. Schneider set the estimated estate assets at $410,221. Prior estimates of Campbell's total estate value totaled some $50 million.
The estimate excludes future income rights from royalties. "Appraisal needed," the report states.
Schneider served as Campbell's accountant and later as his manager. He was appointed "administrator ad litem" in February by Probate Judge David "Randy" Kennedy.
Three of Campbell's children already have served notice that they are contesting Campbell's will which specifically excludes them from any share of his estate.
Campbell died on Aug. 8 of last year following a long battle with Alzheimer's Disease. His will names his wife Kimberly as executor. She and his five remaining children are listed as beneficiaries.
The Schneider inventory lists two bank accounts with a combined total of $959. The largest single item is a 50 per cent stake in the AZPB Limited Partnership. Its value is set at $296,164. A 100 per cent stake in Glen Campbell Music Inc. is listed with a $25,110 value while a 50 per cent interest in the AZ Baseball Broadcast Holdings is valued at $3,464.
Prior court filings show Campbell held an ownership interest in the Arizona Diamondbacks.
The filing also lists Glen Campbell Music Inc. valued at $25,110 while Glen Campbell Enterprises is listed with a $84,524 value. Campbell was the 100 per cent owner of both of those entities.
Schneider, who was also charged with keeping track of royalties paid to the estate, listed $42,448 in payments between Aug. 8, 2017 and April 20, 2018.
He said an additional $76,000 in royalties was owed to the estate while checks totaling $1,776 were awaiting deposit.
A payment of $14,246 is expected as a settlement on an insurance claim for water damage on a California property.
Schneider listed debts of $118,200 including an estimated $107,000 in state and federal income taxes and $71,000 in legal fees.
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Wednesday, March 21, 2018

Metro to Pay for Conservator Theft

By Walter F. Roche Jr.

Metro Nashville government will be paying $300,000 to settle a suit filed in behalf of a man who was cheated out of nearly $800,000 by a court appointed conservator now serving a lengthy prison term.
A resolution authorizing the payment was approved without debate Tuesday by Metro Council.
The payment appears to be the last chapter in a scandal that landed former Nashville attorney John E. Clemmons in jail for a 25 year sentence.
Clemmons, 70, entered guilty pleas to charges he stole more than $1 million from wards entrusted to him in probate courts in Davidson and Rutherford counties.
The payment approved this week will go the estate of William Link.  Clemmons was first appointed as Link's conservator in 2003 and was placed in charge of his estate following his death in 2004. The estate funds were earmarked for the benefit of Link's disabled daughter.
After Clemmons misdeeds became public, attorney Paul Gontarek was appointed to replace him. He subsequently filed suit against Metro government charging that if the probate clerk had been doing his job monitoring Clemmons, the theft would not have occurred.
Gontarek said Wednesday that he expects the $300,000 payment to be made in the near future.
"We are pleased with the settlement," he said, "and we appreciate the efforts of the Metro legal department to bring this matter to a conclusion."
As the Link suit noted although Clemmons was required to file annual accounting reports with the court, he hadn't filed a report on the Link case since Sept. 15, 2004.
Metro government, however, argued that any claim against Metro would have to have been filed within one year of the last time Clemmons took money from the estate which was April of 2013. Gontarek didn't file suit against Metro until 2014.
Though the circuit court accepted Metro's argument, the appeals court rejected that conclusion.
"As we understand it, Metro's defense is predicated on the notion that Mr. Clemmons could have sued for the losses to the estate that stemmed from his own malfeasance. Respectfully we find such a proposition to be absurd," Justice Arnold Goldin wrote, adding that the suit filed by Gontarek was in fact "timely."
The appeals court also rejected Metro's argument that it could not be held liable because a judgment already had been issued against Clemmons for the entire loss. The panel ruled that the so-called comparative fault principle did not apply under the facts of the case.
In fact, the court found, Metro could be liable for the entire $770,009
"Assuming liability can be established, Metro would be liable for the entire amount of damages," the ruling states, citing the concept of joint and several liability.
Gontarek said Wednesday that the recovered funds "have been and will continue to be for the benefit" of the Link estate.
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Sunday, March 18, 2018

With Defense Declared Absurd, Metro to Pay Up


By Walter F. Roche Jr.

Following a court ruling in which Metro's defense was declared "absurd," Metro Council is set to act on a resolution paying $300,000 to the estate of a man who was cheated out of nearly $800,000 by a court appointed conservator.
The resolution set for a vote Tuesday would pay $300,000 to the estate of William C. Link to settle a lawsuit filed in behalf of the estate four years ago.
Metro lawyers had argued that the claim was barred by a one year statute of limitations and a Davidson Circuit Court judge dismissed the suit on that basis.
The Link estate was one of several cases in which Nashville attorney John Clemmons, as a court appointed conservator, stole over $1 million. Clemmons entered a guilty plea to criminal charges and is now serving a 25 year sentence. He was charged with stealing $771,009 from Link's estate.
Clemmons was first appointed as Link's conservator in 2003 and was placed in charge of his estate following his death in 2004. The estate funds were earmarked for the benefit of Link's disabled daughter.
After Clemmons misdeeds became public attorney Paul Gontarek was appointed to replace him. He subsequently filed suit against Metro government charging that if the probate clerk had been doing his job monitoring Clemmons, the theft would not have occurred.
Though Clemmons was required to file annual accounting reports with the court, he hadn't filed a report on the Link case since Sept. 15, 2004.
Metro government, however, argued that any claim against Metro would have to have been filed within one year of the last time Clemmons took money from the estate which was April of 2013. Gontarek didn't file suit against Metro until 2014.
Though the circuit court accepted Metro's argument, the appeals court rejected that conclusion.
"As we understand it, Metro's defense is predicated on the notion that Mr. Clemmons could have sued for the losses to the estate that stemmed from his own malfeasance. Respectfully we find such a proposition to be absurd," Justice Arnold Goldin wrote, adding that the suit filed by Gontarek was in fact "timely."
The appeals court also rejected Metro's argument that it could not be held liable because a judgment already had been issued against Clemmons for the entire loss. The panel ruled that the so-called comparative fault principle did not apply under the facts of the case.
In fact, the court found, Metro could be liable for the entire $770,009
"Assuming liability can be established, Metro would be liable for the entire amount of damages," the ruling states, citing the concept of joint and several liability.
Contact: wfrochejr999@gmail.com

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Sunday, March 11, 2018

Campbell Assets Begin to Surface


By Walter F. Roche Jr.

The widow of Glen Campbell is seeking reimbursement for over a half million dollars for money spent caring for the singer as he fought a long battle with Alzheimer's Disease.
Kimberly Campbell filed a claim for $506,380 in the estate of her husband who died last year, shortly after she publicly disclosed he was suffering from the disease.
According to the filing in Davidson Probate Court in Nashville, Tenn. the money was spent for assisted living care and related costs including the erection of a security fence and legal fees.
She also has filed a claim for $14,246 to recover an insurance payment which, according to the claim, was erroneously paid to the estate.
According to her claim the insurance payment to cover the cost of repairing water damage caused by plumbing defects should have been paid to a family trust, which owns the property in Agoura Hills, Calif.
The residential property which is currently up for sale for a little under $1 million includes a recording studio.
Another family trust owns the property where Kimberly and Glen have resided at 827 Battery Lane in Nashville. That two acre property includes an 8,586 square foot residence. It was purchased for $1.8 million. Kimberly Campbell is the trustee of both trusts.
Other filings in the estate show that Campbell owned a stake in the Arizona Diamondbacks.  A recently approved order bars the use of the Diamondback interests to cover expenses.
Glen Campbell had been placed in a conservatorship in 2015, but the filings in his case have been sealed. 
The will filed in the Campbell estate case is being challenged by three of Campbell's children who have been specifically excluded from receiving any benefits.
Contact: wfrochejr999@gmail.com



Wednesday, February 28, 2018

Campbell Estate Includes Diamondbacks Stake



By Walter F. Roche Jr.

The estate of singer Glen Campbell includes a stake in the Arizona Diamondbacks, according to papers filed in Davidson Probate Court in Nashville, Tenn.
Disclosure of the interest came in an order approved Feb. 23 by Judge David Randy Kennedy. The order appoints Stanley Schneider, who served Campbell as an accountant and later as manager, as the temporary administrator of the singer's estate.
The order specifically bars Schneider from disposing of or encumbering Campbell's stake in the baseball club.
According to the five-page order Schneider's duties as administrator ad litem will be limited to making ""mandatory and lawful distributions and collecting proceeds."
The appointment comes as three of Campbell's children continue their battle to contest the will filed by Campbell's spouse Kimberly.
William Campbell filed a formal protest to the will and was joined by Wesley and Kelli Campbell in that effort. The will specifically bars the three from receiving anything from the estate.
In another order Kennedy ruled that the effort to contest the will cannot be decided until he holds a hearing to determine if the three children have legal standing to challenge the will.
The order states that a hearing on the standing issue will be held within 90 days.
Campbell's will does state that his other five children, Debra Cloy, Dillon, Nicklaus, Shannon and Ashley Campbell are beneficiaries along with Kimberly.
The value of the late singer's estate has been estimated at $50 million. Campbell, 81, died on Aug. 8 of last year following a long battle with Alzheimer's Disease.
Contact: wfrochejr999@gmail.com

Tuesday, February 20, 2018

Fred Thompson Estate Closed


By Walter F. Roche Jr.

The estate of actor/politician Fred Thompson has been officially closed and despite a public family feud few details of his assets, estimated in the millions, have become public.
The formal closing of the estate was approved in a three page order signed by Davidson Probate Judge David Randy Kennedy. In his order the Nashville, Tenn. judge waived any requirement for Jeri Thompson, the late senator's widow and executor of his estate, to file a detailed accounting of his estate.
Some details of the one time presidential candidate's assets were disclosed when a dispute arose over a bill submitted by the law firm that filed the original probate petition. Thompson died on Nov. 1, 2015.
The billing by the Waller Lansden Dortch and Davis disclosed that there was a last minute effort to marshal Thompson's assets and prepare an updated will. However, the will that was finally filed was over a decade old and did not include the couple's youngest two children.
That prompted the senator's two older sons by a previous marriage to charge that Thompson's assets might have been switched at a time when he was no longer capable of approving any changes.
Though Kennedy did order Jeri Thompson to disclose any last minute asset switches, any disclosures were never made public.
Jeri Thompson stated that the only change was an inconsequential switch in a secondary beneficiary on a life insurance policy.
The billings and the dispute with the two elder sons did offer some glimpses of the Thompson assets including a Florida condo.
The two elder sons dropped their claim and acknowledged receipt of the $50,000 each called for in the official will.
The Waller law firm's $14,550 claim was dropped under a settlement agreement never made public.
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Thursday, February 15, 2018

Unwanted Conservatorship Dissolved


By Walter F. Roche Jr.

A woman placed in a court ordered conservatorship over her strong protests six months ago has finally succeeded in getting the order dissolved by the same judge who originally approved it.
In a three-page order issued this week in Davidson Probate Court in Nashville Tenn. Judge David "Randy" Kennedy dissolved the conservatorship of Reba Sherrill.
Sherrill said that at a recent hearing in her case, Kennedy told her he never wanted to see her in his courtroom again.
Sherrill, who doesn't even live in Davidson County, was placed in the conservatorship in August under a recently approved addition to the state conservatorship law affecting patients in medical facilities.  The provision allows hospitals to petition the court to appoint a temporary conservator to approve the patient's release or transfer.
Sherrill was a patient at the Vanderbilt University Medical Center when the petition was filed.
Lawyers for the hospital filed a petition in August of last year contending that she no longer needed acute hospital care but lacked the mental capacity to approve a transfer to an appropriate health care facility. She had originally been admitted for medical conditions.
Kennedy approved the petition and named one lawyer to act as Sherrill's temporary conservator with the power to transfer her to another facility and another lawyer to act as a guardian ad litem or fact finder.
Soon the bills began to pile up from the lawyers and the nursing home where Sherrill was placed over her continued protests. Kennedy also converted her conservatorship from temporary to permanent and ordered that the legal and other bills be paid from her assets.
Sherrill did succeed in getting her original conservator replaced with her brother but the conservatorship remained in place. Meanwhile Kennedy allowed Vanderbilt, the party that initiated the action, to exit the case.
Recently Sherrill filed motions to have the conservatorship dissolved or for her case to be transferred to Sumner County, where she owns a home.
It was that motion that prompted Kennedy to finally dissolve the conservatorship that she contends was never needed.
Contact: wfrochejr999@gmail.com





Thursday, February 8, 2018

Thompson Estate Dispute Formally Ended


By Walter F. Roche Jr.

The dispute between the estate of the late Sen. Fred Thompson and a Nashville law firm has been formally ended but details of the settlement are not being disclosed.
Davidson Probate Judge David "Randy" Kennedy has signed an order dismissing the $14,550 claim filed by the law firm of Waller Lansden Dortch and Davis against the late actor's estate.
The order states that the law firm and Thompson's estate "have compromised and settled all claims and causes of action," adding that the $14,550 claim is "fully dismissed."
The dispute surfaced last year when the Waller law firm filed  a claim against the estate.  Included with the claim was a detailed accounting of work the law firm said it had performed in the weeks and months preceding Thompson's Nov. 1, 2015 death.
The billing statements detailed a last minute but futile effort to prepare a new will to replace one that had been prepared over a decade earlier. The older will omitted children born during the actor's second marriage to his widow Jeri Thompson.
Jeri Thompson subsequently challenged the Waller claim calling it "inappropriate, improper and not a valid claim."
Kennedy's order states that the dispute between the parties has been settled but does not disclose the terms.
The Waller firm's claim also triggered a dispute between the estate and Thompson's two oldest sons, who charged that estate assets might have been shifted in the effort to come up with a new will.
The two subsequently dropped the claim after Jeri Thompson was ordered to provide records of any last minute shift of assets.
Jeri Thompson had previously disclosed that the only change was an inconsequential one, changing the secondary beneficiary of a life insurance policy.
Contact: wfrochejr999@gmail.com





By Walter F. Roche Jr.

Disputes with two of his sons and a law firm over the estate of a former U.S. Senator and one time presidential candidate Fred Thompson have apparently been quietly settled, according to papers just filed in Probate Court in Nashville, Tenn.
Documents filed in the Davidson Probate Court case show the two sons, Fred D. Thompson 2nd and Daniel L. Thompson, have been paid $50,000 each, as set out in the will filed in the case.
In addition a $14,450 claim filed by the law firm of Waller Lansden Dortch and Davis also has been resolved the filings indicate.
The two sons had charged that Jeri Thompson, Thompson's widow and the executor of his estate may have made last minute shifts in his assets in the days and weeks leading up to his death on Nov. 1, 2015. They charged any changes would have come at a time when Fred Thompson was no longer competent.
They later dropped the claim after Jeri Thompson complied with a court order to disclose any last minute shifts in assets. She has publicly denied that any such changes occurred, stating that the only change was to a secondary beneficiary on an insurance policy.
The details of that disclosure, however, were never made public.
In the papers just filed the two sons acknowledge receipt of $50,000 each as spelled out in a will dated over a decade ago,
The filing states that the payments provide "full and complete satisfaction" of all claims and releases Jeri Thompson and the estate from any further liability.
An additional filing indicates the dispute between the estate and the Waller law firm also has been resolved.
 The docket states that the claim was being dismissed under an order agreed to by all parties.
Jeri Thompson had disputed a claim filed by the firm for work it had done in a last minute effort to draft a new will to include children of Thompson's second marriage. Those futile last minute efforts were included in the billing statements the Waller firm filed to back up its $14,000 claim against the estate.
Contact: wfrochejr999@gmail.com

Wednesday, January 31, 2018

Fred Thompson Estate Disputes Settled?


By Walter F. Roche Jr.

Disputes with two of his sons and a law firm over the estate of a former U.S. Senator and one time presidential candidate Fred Thompson have apparently been quietly settled, according to papers just filed in Probate Court in Nashville, Tenn.
Documents filed in the Davidson Probate Court case show the two sons, Fred D. Thompson 2nd and Daniel L. Thompson, have been paid $50,000 each, as set out in the will filed in the case.
In addition a $14,450 claim filed by the law firm of Waller Lansden Dortch and Davis also has been resolved the filings indicate.
The two sons had charged that Jeri Thompson, Thompson's widow and the executor of his estate may have made last minute shifts in his assets in the days and weeks leading up to his death on Nov. 1, 2015. They charged any changes would have come at a time when Fred Thompson was no longer competent.
They later dropped the claim after Jeri Thompson complied with a court order to disclose any last minute shifts in assets. She has publicly denied that any such changes occurred, stating that the only change was to a secondary beneficiary on an insurance policy.
The details of that disclosure, however, were never made public.
In the papers just filed the two sons acknowledge receipt of $50,000 each as spelled out in a will dated over a decade ago,
The filing states that the payments provide "full and complete satisfaction" of all claims and releases Jeri Thompson and the estate from any further liability.
An additional filing indicates the dispute between the estate and the Waller law firm also has been resolved.
 The docket states that the claim was being dismissed under an order agreed to by all parties.
Jeri Thompson had disputed a claim filed by the firm for work it had done in a last minute effort to draft a new will to include children of Thompson's second marriage. Those futile last minute efforts were included in the billing statements the Waller firm filed to back up its $14,000 claim against the estate.
Contact: wfrochejr999@gmail.com

Monday, January 22, 2018

Campbell's Publicist Subpoenaed in Will Fight


By Walter F. Roche Jr

The longtime publicist who publicly disclosed Glen Campbell's death from Alzheimer's Disease last year has been subpoenaed to testify in a dispute over the late singer's competence when he signed a now disputed will.
Records in Davidson Probate Court show a subpoena has been issued for Sanford Brokaw to appear for testimony in Nashville on Feb. 20. The subpoena calls on Brokaw to "provide proof of the decedent's capacity since 2002."
The subpoena comes as three of Campbell's children, who have been cut out of his estimated $50 million estate, mount a challenge to the 13-page will filed by his widow.
Brokaw, Campbell's longtime publicist, declined to comment.
Christopher Fowler, the lawyer for William T. Campbell filed notice last week that the 2006 will is being challenged. Fowler also entered appearances for the other siblings who were specifically excluded from any benefit from Campbell's estate or a related trust
Campbell died on Aug. 8 of last year shortly after his wife Kimberly had publicly disclosed that he had been suffering from Alzheimer's Disease. He was first diagnosed with the disease in 2011.
The subpoena also calls on Brokaw to provide "all communications with or about the decedent and/or his family and/or his agent since 2002."
Finally it calls for Brokaw to provide "all communications regarding the estate of the decedent."
In addition the subpoena calls for Traci Jupille and Kamile Brooks to provide the same documentation.Their roles were not disclosed.
In addition to his son William, the 2006 Campbell will also bars any distribution to his siblings Kelli and Wesley.
Beneficiaries under the disputed will are his widow Kimberly and Debra Cloy, Dillon, Nicklaus, Shannon and Ashley Campbell. Court records indicate there was an earlier version of Campbell's will dated in 2002.
Contact: wfrochejr999@gmail.com






Thursday, January 18, 2018

Glen Campbell Will Contested

By Walter F. Roche Jr.

One of the sons of the late Glen Campbell has filed notice that he is contesting his father's 2006 will, which  bars him and two siblings from any benefits.
The notice was filed Thursday in Davidson Probate Court in Nashville where the elder Campbell's estate was filed last year. Campbell, 81, died on Aug. 8 of last year following a long bout with Alzheimer's Disease.
William T. Campbell's notice that he is contesting the validity of the 13-page will was filed by Nashville attorney Christopher Fowler. The basis for the challenge was not disclosed, but filings indicate that there was an earlier will dated Jan. 2, 2002, which also is being contested.
The 2006 will states that William and siblings Kelli and Wesley are specifically excluded from deriving any direct or indirect benefit from the estate or a related trust.
The will names the singer's wife Kimberly as executor of the estate which has been estimated at more than $50 million. Campbell's five other children, Debra Cloy. Dillon, Nicklaus, Shannon and Ashley Campbell are named along with Kimberly, as beneficiaries.
Campbell's death came shortly after his wife announced that he was suffering from Alzheimer's. He had been first diagnosed with Alzheimer's in August of 2011.
The current legal dispute was presaged in a prior court battle over attempts to place the singer in a conservatorship.
Contact: wfrochejr999@gmail.com