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.
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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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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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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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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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