IN RE ESTATE OF JAMES KEMMLER ROGERS - Articles

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Posted by: Landry Butler on Feb 14, 2018

Court: TN Court of Appeals

Attorneys 1:

John A. Beam, III, and Irene R. Haude, Nashville, Tennessee, for the appellant, Patricia Porter Kryder.

Attorneys 2:

Andra J. Hedrick, Nashville, Tennessee, for the appellees, James Schneider Rogers and Jennifer Rogers-Etcheverry.

Judge(s): FRIERSON

This probate action is before this Court on appeal for the second time. Following remand from this Court subsequent to the first appeal, the trial court determined that the petitioner did have standing to file her petition for probate as a “purported creditor” of the decedent. The trial court ultimately denied the petition, however, finding “no basis for either primary or ancillary probate in Tennessee.” The trial court had also previously awarded sanctions against the petitioner and her counsel pursuant to Tennessee Rule of Civil Procedure 11. The petitioner has appealed. Discerning no error in the trial court’s denials of both primary and ancillary probate, we affirm such determinations. Although we also affirm the trial court’s imposition of Rule 11 sanctions against the petitioner and her counsel generally, we vacate the specific award granted against the petitioner personally and remand such issue to the trial court for a determination of the proper amount of sanctions to be awarded against the petitioner solely pursuant to Rule 11.02(1). We affirm the trial court’s judgment in all other respects.

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