Battley v. Banks

937 A.2d 846, 177 Md. App. 638, 2007 Md. App. LEXIS 155
CourtCourt of Special Appeals of Maryland
DecidedDecember 19, 2007
DocketNo. 1177
StatusPublished
Cited by4 cases

This text of 937 A.2d 846 (Battley v. Banks) is published on Counsel Stack Legal Research, covering Court of Special Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Battley v. Banks, 937 A.2d 846, 177 Md. App. 638, 2007 Md. App. LEXIS 155 (Md. Ct. App. 2007).

Opinion

KRAUSER, J.

As personal representative of the Estate of Dorothy Battley, appellant Robert Battley appeals from three orders issued by the Circuit Court for Montgomery County, sitting as the Orphans’ Court, which respectively granted appellee Michael G. Banks, the former guardian of Ms. Battley’s property, guardianship commissions and attorney’s fees. The first order permitted Banks to pay himself, “from the former guardianship bank account,” his guardianship commissions before turning over Ms. Battley’s assets to the personal representative. The second order directed Banks “to write himself a check” from the same bank account for the probate fees he had paid in opening Ms. Battley’s estate. And the third order awarded Banks $300.00 in attorney’s fees for his efforts to open Ms. Battley’s estate and directed that a check in that amount be sent to Banks “immediately.”

Appellant contends that in each instance, the orphans’ court erred. For the most part we agree. Hence, we shall vacate in full the first and second orders, but as for the third order, we shall vacate it only to the extent that it instructed appellant to pay the funds immediately and not in accordance with the payment schedule in Md.Code (1974, 2001 Repl.Vol., 2006 Supp.), § 8-105(a) of the Estates and Trusts Article (“ET”).

[643]*643Background

In November 2002, Dorothy Battley executed a will. The will named appellant, who was Ms. Battley’s nephew, as the personal representative of her estate and bequeathed all of her property to Kimiko Battley, her deceased brother’s wife. In the event Kimiko did not survive Ms. Battley, the property was to go to appellant, as the residuary beneficiary.

On February 18, 2003, Ms. Battley, suffering from dementia, was admitted to the Woodside Center, a nursing home in Silver Spring, Maryland. Five months later, on July 28, 2003, the Montgomery County circuit court appointed Banks as the guardian of Ms. Battley’s property and appellant as guardian of her person.

On July 3, 2004, Ms. Battley passed away. Thereafter, Banks filed a petition in the circuit court requesting termination of the guardianship and authorization to transfer “all assets at the time of the death of Dorothy Battley” to the personal representative of her estate, who had not as yet been appointed. Banks further asked the court to order whomever was ultimately appointed the personal representative of Ms. Battley’s estate to investigate the value of Ms. Battley’s assets prior to July 9, 2003, the date on which he was appointed guardian of her property.

With that petition, Banks submitted the final “Annual Fiduciary Report,” which consisted of a final accounting of Ms. Battley’s assets and a proposed distribution of them. The report also contained Banks’s claim for guardianship commissions in the amount of $861.47.

On September 10, 2004, the circuit court approved Banks’s final accounting and proposed distribution, but specified that “the guardian’s commissions be limited to $550.25.” That same day, the court entered a separate order discharging Banks as the guardian of Ms. Battley’s property and directing him to transfer “all assets at the time of [her] death” to the person “to be appointed” personal representative of her estate. But it denied Banks’s request that the personal repre[644]*644sentative investigate the value of Ms. Battley’s “assets prior to July 9, 2003.”1

Over a year later, after no action had been taken by anyone to open the estate, Banks filed a petition for judicial probate in the orphans’ court, requesting, among other things, that he be appointed the personal representative of Ms. Battley’s estate. At that time, he also filed a notice of judicial probate and paid the register of wills $52.84 in probate fees to open Ms. Battley’s estate.

In the probate petition Banks asserted that the “only known assets” were a Bank of America account containing $1286.24 and a “Representative Payee account” at Woodside Center with $255.59 in it, although he claimed that he had been informed by Woodside Center that, prior to Ms. Battley’s enrollment at that facility, she “appeared to have an account in excess of $70,000.” The petition concluded with Banks’s request for authorization to pay himself $550.25 in guardianship commissions previously approved by the circuit court.

Approximately two weeks later, appellant filed Ms. Battley’s will, naming him as personal representative, with the register of wills. In response, Banks filed an “Amended Petition for Judicial Probate” with the orphans’ court, requesting that appellant be removed as personal representative and that he, Banks, be appointed special administrator of the estate; that he, as special administrator, be authorized to distribute Ms. Battley’s personal property to Kimiko Battley, in accordance with the will; and that he further be authorized to pay himself the circuit court-approved $550.25 in guardianship commissions owed to him. As grounds for these requests, Banks claimed that, at no time during the fifteen months following Ms. Battley’s death, did appellant contact Banks or the nursing home; that appellant “did not claim [Ms. Battley’s] body”; and that appellant had neither provided “adequate information regarding the financial affairs of his Aunt, Dorothy Battley,”2 [645]*645nor “provided information to the Court justifying his expenditures” as the former “[gjuardian of the [decedent’s] person and property.”3

In response to Banks’s petition, appellant denied that he had ever abandoned his aunt’s body, pointing out that he had, in fact, paid for her funeral expenses and further insisting he had “provided financial information including [Ms. Battley’s] bank statements directly to Michael Banks.” He added that, notwithstanding Banks’s claims to the contrary, he had never been guardian of Ms. Battley’s property and hence had never made expenditures in that capacity; and that, in any case, “the Court [had] never requested information from him.” Finally, he asserted that Banks’s “defamatory allegations” had no foundation in fact and that Banks himself had “failed to conduct an investigation” into Ms. Battley’s assets while he was still the guardian of her property.

On March 22, 2006, after a hearing, the orphans’ court ordered that Ms. Battley’s will be admitted to probate and appointed appellant, in accordance with the will, as personal representative of Ms. Battley’s estate. Following that decision, Banks filed a petition requesting the $550.25 in guardianship commissions previously authorized by the circuit court and for $300 in attorney’s fees4 for the actions he took to open Ms. Battley’s estate.

On April 26, 2006, appellant, as personal representative, filed a petition to administer Ms. Battley’s estate as a small estate.5 He listed Banks’s $550.25 in guardianship commissions as claims against the estate and sought reimbursement [646]*646of the $1223.95 in funeral expenses he had purportedly paid. The register of wills granted appellant’s petition and issued to him the necessary letters of administration.

On June 20, 2006, the orphans’ court held a hearing on Banks’s request for both $550.25 in guardianship commissions and $300 in attorney’s fees.

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Bluebook (online)
937 A.2d 846, 177 Md. App. 638, 2007 Md. App. LEXIS 155, Counsel Stack Legal Research, https://law.counselstack.com/opinion/battley-v-banks-mdctspecapp-2007.