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Posted by: Tanja Trezise on Apr 30, 2013

Court: TN Court of Appeals

Attorneys 1:

W. Kennerly Burger, Murfreesboro, Tennessee, for the appellant, Estate of Fred R. Hobbs and Sherry Hobbs.

Attorneys 2:

Rachel Ralston, Michael Scott Lattier, Kingsport, Tennessee, for the appellee, Estate of David Holt Ralston, Deceased, by John Ralston, Personal Representative.

Judge(s): COTTRELL

The trial court granted summary judgment to a judgment creditor of the decedent’s estate on a claim that the decedent fraudulently deeded an interest in real property to his wife so she would receive it free from the claims of his legitimate creditors after his death. The trial court’s judgment was based on circumstances surrounding the property transfer that satisfied the elements of fraudulent conveyance under both Tenn. Code Ann. § 66-3-305(a)(1) and (a)(2). The widow denies that there was any fraudulent intent behind the transfer of the disputed property to her, but insists that it arose naturally from the love and affection that existed between husband and wife. We affirm the trial court.