Miesner v. Estate of Allred

2017 Ark. App. 390, 525 S.W.3d 498, 2017 Ark. App. LEXIS 414
CourtCourt of Appeals of Arkansas
DecidedJune 21, 2017
DocketCV-16-946
StatusPublished
Cited by2 cases

This text of 2017 Ark. App. 390 (Miesner v. Estate of Allred) is published on Counsel Stack Legal Research, covering Court of Appeals of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Miesner v. Estate of Allred, 2017 Ark. App. 390, 525 S.W.3d 498, 2017 Ark. App. LEXIS 414 (Ark. Ct. App. 2017).

Opinion

BRANDON J. HARRISON, Judge

h Sherry Miesner appeals from a Cleveland County Circuit Court order that approved a family-settlement agreement, distributed assets, and awarded various costs and fees to Relyance Bank, as administrator of the Estate of Joyce Edna Priest Allred, deceased. On appeal, Miesner argues (1) that the petition for appointment of a personal representative was filed by a nonlawyer, so all the subsequent orders are null and void, and (2) the family-settlement agreement is unenforceable. We affirm the circuit court’s decision.

I.

A detailed history of the case leading to this appeal is. needed to understand it. Joyce Allred was married to Lewis Franklin Allred, Sr., and they had three children together—Sherry Miesner (appellant), Janet Herring, and Lewis Franklin Allred, Jr. Lewis Franklin Allred, Sr., passed away sometime before 2001. Joyce apparently executed a will in 2001. bln it, she named Janet to serve as personal representative, made some specific bequests to certain grandchildren and great-grandchildren, and left the residue of her estate to her three children equally. The record also contains a Joyce Allred Trust Agreement dated 13 July 2010. That trust is revocable, and Joyce is named as grantor and initial trustee. Her daughters are named as successor trustees. Schedules A, B, and C attached to the trust document describe real property in Arkansas. The document directs that certain distributions be made to the trust’s beneficiaries on Joyce’s death. Joyce’s signature is notarized, acknowledged, and dated 13 July 2010. A quitclaim deed dated 13 July 2010 (but not filed until 14 August 2015) reflects that some real property was deeded to the revocable trust. Joyce also executed a durable power of attorney (effective 13 July 2010) appointing Janet Herring as her attorney in fact.

Moving forward chronologically, the record also contains a document titled “Allred Family Settlement Agreement” (Agreement) dated 29 March 2012. It is an agreement between Joyce, Sherry, Janet, and Lewis, Jr. The Agreement states, “[T]o avoid controversy between her children, [Joyce] believes that an independent limited guardian of her estate should be appointed to manage her financial affairs during her remaining lifetime.” The Agreement referenced a civil-interpleader lawsuit filed in the Cleveland County Circuit Court regarding Joyce’s accounts at Edward Jones Company and Simmons First National Bank.

The Agreement states, in part:

In consideration of the cessation of the Interpleader Action and to avoid any further controversy regarding the management of the financial affairs of Joyce E. Allred during her remaining lifetime and after her death the parties agree as follows:
la(i) Upon execution of this Agreement .by all parties and as expeditiously as. possible, Joyce E. Allred will Petition the Cleveland County Circuit Court for the appointment of Pine Bluff National Bank, .or other appropriate financial institution, as Limited Guardian for the purpose of managing her financial affairs and payment of all properly presented bills related to her care. Pine Bluff National Bank will take control and manage the financial affairs of Joyce E. Allred pursuant to this Limited Guardianship of her Estate. The Limited Guardian will have authority to review all transactions from June 1, 2010 forward and take any actions, it deems appropriate with respect to any.transactions, other than the advances addressed below in this Agreement.
(ii) At the death of Joyce E. Allred, and irrgardless [sic] of any Will, pay on death designations, joint ownership designations or beneficiary designations to the contrary, the remaining assets of Joyce E. Allred (other than the-jewelry described in item (iii)), from all sources, including life insurance, annuities, bank accounts, brokerage accounts, et. cet..after payment of all valid claims and expenses of administration will be distributed as follows:
(A) The first $ 170,000.00 1 in cash or other assets will be distributed, divided equally to Lewis Franklin Allred, Jr., and Sherry Miesner to equalize advances already made to Janet Herring.
(B) The remaining assets (other than the jewelry described in item (iii)) will be distributed, divided equally, between Lewis Franklin Allred, Jr., Sherry Mies-ner and Janet Herring.
(iii) At the death of Joyce E. Allred, or if she elects, during her life, Joyce E. Allred’s jewelry will be divided equally between Sherry Miesner and Janet Herring
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All parties agree that, after the settlement is executed, this Agreement is a complete settlement between the parties regarding the financial affairs of Joyce E. Allred during her remaining life and after her death and that no legal proceedings of any kind may be instituted by any one or more of them against the other for actions related, in any way, to the administration of the financial' affairs of Joyce E. Allred during her life and after her death or any transfers of property between the parties as contemplated in this Agreement.
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(b) The terms of this Agreement will bind and benefit the parties and their successors in interest.

The Agreement is signed by Joyce E. All-red, Belinda D. Allred as “Attorney-In-Fact For Lewis Franklin Allred, Jr.,” Sherry Miesner, and Janet Herring.

In June 2012—about two months after the Agreement had been executed—Lewis, Jr., died. More than two years later, in December 2014, his mother Joyce died.

II.

On 10 July 2015, Relyance Bank filed a petition for appointment of a personal representative in the probate division of the Cleveland County Circuit Court. The petition states that Joyce died intestate around 21 December 2014 and that the bank’s “interest in the estate is that'of Guardian of the Estate of Joyce Edna Priest Allred, now deceased.” The petition names Miesner and Janet as Joyce’s surviving heh-s at law and lists their addresses as “unknown.” It also states that Joyce’s estate contains no real property and more than $25,000 of personal property. Relyance asked the court to waive any bond requirement and to appoint it to administer the estate. The petition is signed by Richard Metcalf, EVP, for Relyance Bank. His signature is notarized. No attorney signature appears on the document.

On 23 July 2016, the circuit court appointed Relyance as administrator, of Joyce’s estate, finding that she had died intestate and that the petition was unopposed. In August 2015, the Cleveland County Herald published an advertisement notifying the public that any claims against Joyce’s estate must be made within six months and sent to Relyance Bahk|Kc/o Owens Law Firm. In January 2016, Belinda Allred (Lewis, Jr.’s widow) filed a claim for $85,000 and for one-third of the estate’s assets. She attached the Agreement to her claim. Relyance objected to Belinda’s claim. The objection is signed by C. Thompson Owens as attorney for Relyance Bank.

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Cite This Page — Counsel Stack

Bluebook (online)
2017 Ark. App. 390, 525 S.W.3d 498, 2017 Ark. App. LEXIS 414, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miesner-v-estate-of-allred-arkctapp-2017.