Debora Willingham, as administrator of the Estate of Brandy Matthews v. Rodney Matthews, as administrator of the Estate of Joshua Taylor Matthews

163 So. 3d 1016, 2014 Ala. LEXIS 139, 2014 WL 4666962
CourtSupreme Court of Alabama
DecidedSeptember 19, 2014
Docket1130890
StatusPublished

This text of 163 So. 3d 1016 (Debora Willingham, as administrator of the Estate of Brandy Matthews v. Rodney Matthews, as administrator of the Estate of Joshua Taylor Matthews) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Debora Willingham, as administrator of the Estate of Brandy Matthews v. Rodney Matthews, as administrator of the Estate of Joshua Taylor Matthews, 163 So. 3d 1016, 2014 Ala. LEXIS 139, 2014 WL 4666962 (Ala. 2014).

Opinion

WISE, Justice.

Debora Willingham, as the administrator of the estate of Brandy Matthews, deceased (“Willingham”), appeals from a summary judgment entered by the DeKalb Circuit Court (“the trial court”) on her complaint for a judgment declaring the rights, duties, and liabilities of the parties under § 43-8-253, Ala.Code 1975, which is known as “the Slayer’s Statute.”

Facts and Procedural History

Brandy Matthews and Joshua Taylor Matthews were married in September 2004. On March 20 or March 21, 2011, Brandy died as a result of gunshot wounds inflicted by Joshua. Brandy’s death was determined to be a homicide. On the same date, Joshua died as a result of a self-inflicted gunshot wound.

Brandy and Joshua both died intestate. Willingham, Brandy’s mother, was appointed by the DeKalb Probate Court as the administrator of Brandy’s estate. Rodney Matthews (“Matthews”), Joshua’s brother, was appointed by the DeKalb Probate Court as the administrator of Joshua’s estate.

On March 20, 2013, Willingham filed a complaint for a declaratory judgment in the trial court, stating that there was a justiciable controversy between Brandy’s estate and Joshua’s estate as to their respective rights, duties, and liabilities based on Willingham’s interpretation of § 43-8-253. She contended that, upon application of § 43-8-253,

“Joshua Taylor Matthews would have been unable to inherit from Brandy Matthews. Furthermore, based upon the actions of Joshua Taylor Matthews, his property is to pass as if he had predeceased [Brandy Matthews]. In other words, the estate of Joshua Taylor Matthews would pass to his spouse, Brandy Matthews. In this instance, the estate of Joshua Taylor Matthews should pass directly to the estate of Brandy Matthews.”

On November 19, 2013, Willingham filed a motion for a summary judgment. Based on her interpretation of § 43-8-253, she argued that Joshua’s estate should pass directly to Brandy’s estate. On January 14, 2014, Matthews filed a response to the motion for a summary judgment. He argued that § 43-8-253 addresses only how Brandy’s estate would pass but not how Joshua’s estate would pass and that it therefore would have no bearing on the administration of Joshua’s estate.

On January 30, 2014, the trial court conducted a hearing on the summary-judgment motion, and on February 4, 2014, it entered a summary judgment declaring that § 43-8-253 applied to the passing of Brandy’s estate but not to the passing of Joshua’s estate. Willingham appealed that judgment to this Court.

Standard of Revieiv

“An order granting or denying a summary judgment is reviewed de novo, applying the same standard as the *1018 trial court applied. American Gen. Life & Accident Ins. Co. v. Underwood, 886 So.2d 807, 811 (Ala.2004). In addition, ‘[t]his court reviews de novo a trial court’s interpretation of a statute, because only a question of law is presented.’ Scott Bridge Co. v. Wright, 883 So.2d 1221, 1223 (Ala.2003). Where, as here, the facts of a case are essentially undisputed, this Court must determine whether the trial court misapplied the law to the undisputed facts, applying a de novo standard of review. Carter v. City of Haleyville, 669 So.2d 812, 815 (Ala.1995). Here, in reviewing the [entry] of a summary judgment when the facts are undisputed, we review de novo the trial court’s interpretation of statutory language and our previous caselaw on a controlling question of law.”

Continental Nat’l Indem. Co. v. Fields, 926 So.2d 1033, 1034-35 (Ala.2005).

Discussion

Willingham argues that, because Brandy’s death was the result of an intentional and felonious action on Joshua’s part, the trial court erred in finding that, for purposes of administering Joshua’s estate, Brandy should be considered to have predeceased Joshua. In its order on the summary-judgment motion, the trial court found:

“On either March 20 or March 21, 2011, Joshua Matthews killed his wife, Brandy Matthews. He then killed himself. Both Joshua and Brandy died intestate. A personal representative has been appointed for each of their estates and the administration of each estate has been removed to Circuit Court. In this action, the Administra-trix of Brandy’s estate has filed a declaratory judgment action against the Administrator of Joshua’s estate seeking a determination of the effect of Ala.Code § 43-8-253 on this case.
“Law
“‘(a) A surviving spouse, heir or devisee who feloniously and intentionally kills the decedent is not entitled to any benefits under the will or under articles 3 through 10 of this chapter, and the estate of decedent passes as if the killer had predeceased the decedent. Property appointed by the will of the decedent to or for the benefit of the killer passes- as if the killer had predeceased the decedent.’
“Ala.Code [1975,] § 43-8-253.
“Discussion
“A restatement of § 43-8-253 in which the decedents’ names are inserted is instructive of this matter.
“ ‘(a) [Joshua Matthews,] [a] surviving spouse ... who feloniously and intentionally kill[ed Brandy Matthews] is not entitled to any benefits under ... articles 3 through 10 of this chapter, and the estate of [Brandy Matthews] passes as if [Joshua Matthews] had predeceased [Brandy Matthews] .... ’
“It is clear by reading the statute in this manner that Brandy Matthews’s estate shall pass as though Joshua Matthews predeceased her. Summary judgment on this issue is appropriate.
“It is also clear that this statute refers only to what happens to the estate of the person who was the victim of the homicide. That is, this statute only refers to what happens to the estate of Brandy Matthews. The reference in the statute that ‘the estate of the decedent passes as if the killer had predeceased the decedent’ does not refer to what happens to the killer’s estate.
“Therefore, it is clear that Joshua Matthews’s estate shall be administered *1019 in accordance with the general statutes governing the situation in which Brandy Matthews predeceased him. Summary judgment on this issue is appropriate.
“Conclusion
“Consistent with the findings of the Court as stated above, it is hereby ORDERED as follows:
“1. The estate of Brandy Matthews shall be administered as though Joshua Matthews predeceased her. Summary judgment is hereby granted on this issue.
“2. The estate of Joshua Matthews shall be administered in accordance with the general statutes governing the situation in which Brandy Matthews predeceased him. Summary judgment is hereby granted on this issue.”

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Continental Nat. Indem. Co. v. Fields
926 So. 2d 1033 (Supreme Court of Alabama, 2005)
Carter v. City of Haleyville
669 So. 2d 812 (Supreme Court of Alabama, 1995)
Alfa Life Ins. Corp. v. Bonner
933 So. 2d 362 (Court of Civil Appeals of Alabama, 2005)
Scott Bridge Co. v. Wright
883 So. 2d 1221 (Supreme Court of Alabama, 2003)
AMER. GEN. LIFE AND ACC. INS. v. Underwood
886 So. 2d 807 (Supreme Court of Alabama, 2004)

Cite This Page — Counsel Stack

Bluebook (online)
163 So. 3d 1016, 2014 Ala. LEXIS 139, 2014 WL 4666962, Counsel Stack Legal Research, https://law.counselstack.com/opinion/debora-willingham-as-administrator-of-the-estate-of-brandy-matthews-v-ala-2014.