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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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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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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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.
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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.
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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.
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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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