IN RE ESTATE OF ERNEST LESTER SALMONS - Articles

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Posted by: Landry Butler on Mar 14, 2018

Court: TN Court of Appeals

Attorneys 1:

James N. L. Humphreys and Matthew F. Bettis, Kingsport, Tennessee, for the appellant, Summit View of Lake City, LLC.

Attorneys 2:

Loring Justice, B. Chadwick Rickman, and Linn Guerrero, Knoxville, Tennessee, for the appellee, Paulette Salmons, as adminstrator of the Estate of Ernest Lester Salmons.

Judge(s): FRIERSON

This appeal presents the issue of whether a trial court may properly transfer a probate proceeding that was allegedly filed in the wrong county to the county where the decedent was residing when he passed away. The administratrix of the probate estate was appointed by the Campbell County Chancery Court upon the filing of a verified petition alleging that the decedent died in Lake City, Tennessee. A defendant in a wrongful death lawsuit, subsequently filed by the administratrix regarding the death of the decedent, filed a motion in the Campbell County Chancery Court, seeking to have the previously issued letters of administration revoked because the decedent was residing in a nursing facility in Anderson County at the time of his death. Rather than revoking the letters of administration, the Campbell County Chancery Court transferred the probate matter to Anderson County. Subsequently, the Anderson County Chancery Court denied a similar motion, stating that it had no jurisdiction to revoke letters of administration issued by the Campbell County Chancery Court. The movant has appealed. Discerning no error, we affirm the Campbell County Court’s order transferring the probate action to Anderson County.

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