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.
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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."
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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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