In Re Vinson

972 So. 2d 694, 2007 WL 1470509
CourtCourt of Appeals of Mississippi
DecidedMay 22, 2007
Docket2006-CA-00342-COA
StatusPublished
Cited by2 cases

This text of 972 So. 2d 694 (In Re Vinson) is published on Counsel Stack Legal Research, covering Court of Appeals of Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Vinson, 972 So. 2d 694, 2007 WL 1470509 (Mich. Ct. App. 2007).

Opinion

972 So.2d 694 (2007)

In re the Appointment of a Conservator for Woodrow W. VINSON and Kernith B. Vinson: Harry Vinson, Appellant,
v.
William BENSON, Conservator, Appellee.

No. 2006-CA-00342-COA.

Court of Appeals of Mississippi.

May 22, 2007.
Rehearing Denied October 2, 2007.

*696 B. Sean Akins, Ripley, for Appellant.

William M. Beasley, Tupelo, Rebecca L. Hawkins, Jackson, for Appellee.

Before KING, C.J., IRVING and ROBERTS, JJ.

KING, C.J., for the Court.

¶ 1. Harry Vinson appeals the chancellor's decision approving the conservator's final accounting of the estate of Kernith B. Vinson and discharging the conservator, William Benson.

FACTS

¶ 2. In 1996, two petitions were filed with the Chancery Court of Lee County, Mississippi, requesting a conservatorship for Woodrow W. Vinson and Kernith B. Vinson and their estates. The first petition, filed by their son, Harry Vinson, requested that he be appointed conservator for his parents and their estates. The second, filed by the Vinsons, nominated their daughter, Rita Vinson, to serve as conservator. The chancery court appointed a temporary conservator. Following protracted litigation between the parties, in March 1999, the issue of a permanent conservator came before the chancellor, who held a hearing on the matter.

*697 ¶ 3. At the time of the hearing, Rita notified the chancellor that she no longer wished to be considered for appointment. Harry, however, testified and called numerous witnesses to testify as to his fitness to serve as conservator. Woodrow was in extremely poor health in March 1999 and was unable to testify, but Kernith testified that she adamantly opposed the appointment of her son as conservator. The chancellor found that Harry was not qualified to serve as chancellor due to his past actions, which included transferring his parents' assets to himself, defying court orders, refusing to return his parents' money, neglecting their physical needs, and preventing his mother and sister from visiting Woodrow in the hospital. In accordance with Mississippi Code Annotated Section 93-13-21 (Rev.2004), the chancellor appointed William Benson, the Chancery Clerk of Lee County, Mississippi, as conservator of the persons and estates of Woodrow W. Vinson and Kernith B. Vinson on March 19, 1999.

¶ 4. Woodrow died on September 2, 1999. William Benson was appointed administrator of his estate and presented a will for probate to the chancery court. He also continued to serve as conservator over the person and estate of Kernith. Benson testified that he spent approximately three to four hours a week handling issues arising from that appointment.

¶ 5. Kernith's health was poor. Although her daughter, Rita, lived with her parents from a period that pre-dated the conservatorship, due to health problems of her own, she became physically unable to provide the type of daily assistance that Kernith required. Kernith had expressed a wish to stay in her own home rather than enter a nursing home, but fulfilling that wish required around-the-clock care.

¶ 6. To provide for Kernith's wishes required additional monies. In October 2002, Benson filed a petition with the chancellor, requesting permission to sell some of the property of the estate in order to secure funds for Kernith's care. Benson submitted an accounting of expenses paid and income received from the date of his appointment. The chancellor heard the petition on January 13, 2003, and in an order dated January 30, 2003, granted Benson permission to sell certain property in the estate and acquire a home-equity loan to repay some $6,000 that Benson personally had expended for Kernith's care. In accordance with that order, Benson acquired the additional funds and provided around-the-clock care for Kernith until her death on August 14, 2003.

¶ 7. On July 6, 2005, Benson filed his petition for a final accounting and discharge. A hearing was held on October 4, 2005. Both Harry and Rita were present, with each represented by counsel. Rita did not oppose the final accounting and closing of the conservatorship, but Harry did.

¶ 8. Harry's attorney questioned Benson regarding annual accountings, an initial inventory of the estates following his appointment, appraisals on the real property in the estates, payment of the property taxes, failure to obtain insurance on all of the properties, alleged waste of the estate, and failure to charge rent to Rita, who lived with her parents.

¶ 9. Harry also objected to the approval of the final accounting and discharge on the grounds that the administrator of his mother's estate was not present. At the time of the hearing, the Sheriff of Lee County had unofficially been appointed to administer the estate, but the order appointing him had not been signed. Harry argued that nobody was present to represent the interests of the ward. The chancellor determined that because both heirs to the estate were present, the ward's *698 interest was not compromised by proceeding with the hearing.

¶ 10. The chancellor approved the final accounting and discharged Benson as the conservator. In her opinion, the chancellor stated that "[t]he Petitioner has performed extraordinary services for the conservation of the Wards' property even with the interference of Harry and his failure to abide by previous orders of this Court." The chancellor further held that "the distributions itemized in the Accounting were necessary for the welfare and benefit of the Wards during the accounting period" and that Harry's objections were without merit. The chancellor also approved attorney's fees in the amount of $10,000 and conservator's fees in the amount of $5,000.

¶ 11. On appeal, Harry challenges the chancellor's order granting the petition and awarding fees. He raises the following issues:

(1) The chancellor erred in approving the accounting and discharging the conservator for the following reasons: (a) the estate was a necessary party and was not represented at the hearing; (b) the conservator failed to take an inventory of the estate within three months of his appointment; (c) the conservator failed to file annual accountings; and (d) the conservator failed to properly care for the real property contained in the estate.
(2) The chancellor erred in awarding fees to the conservator and to the attorneys because the conservator should not have been discharged and because the conservator and attorneys were not entitled to fees.

Finding no error, this Court affirms.

STANDARD OF REVIEW

¶ 12. In reviewing a chancellor's findings of fact, this Court "will not disturb the factual findings of a chancellor unless such findings are manifestly wrong or clearly erroneous." Bardwell v. Bardwell (In re Bardwell), 849 So.2d 1240, 1245(¶ 16) (Miss.2003) (citation omitted). "Whenever there is substantial evidence in the record to support the chancellor's findings of fact, those findings must be affirmed." Id. (citations omitted). Accordingly, "[t]he standard of review employed by this Court for review of a chancellor's decision is abuse of discretion. However, for questions of law, the standard of review is de novo." Creely v. Hosemann, 910 So.2d 512, 515(¶ 11) (Miss.2005) (citations omitted).

ANALYSIS

I. The chancellor did not err in approving the final accounting and discharging the conservator.

¶ 13.

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972 So. 2d 694, 2007 WL 1470509, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-vinson-missctapp-2007.