Succession of Bell

964 So. 2d 1067, 2007 WL 1651133
CourtLouisiana Court of Appeal
DecidedJune 8, 2007
Docket2006 CA 1710
StatusPublished
Cited by16 cases

This text of 964 So. 2d 1067 (Succession of Bell) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Succession of Bell, 964 So. 2d 1067, 2007 WL 1651133 (La. Ct. App. 2007).

Opinion

964 So.2d 1067 (2007)

SUCCESSION OF Geraldine Jones BELL.

No. 2006 CA 1710.

Court of Appeal of Louisiana, First Circuit.

June 8, 2007.

*1068 Kristina Webb Shapiro, Shapiro & Shapiro, L.L.C., Baton Rouge, for Appellee Jackie Netter.

Dele A. Adebamiji, Felicia E. Adebamiji, Baton Rouge, for Appellant Rhonda McNeely Joseph.

Before: PARRO, GUIDRY, and McCLENDON, JJ.

PARRO, J.

Rhonda McNeely Joseph appeals a judgment of homologation of the tableau of distribution in Geraldine Jones Bell's succession, claiming the court did not properly credit her for amounts she spent for the benefit of the estate. She also appeals an earlier judgment finding her in contempt of court.

FACTUAL AND PROCEDURAL BACKGROUND

Rhonda McNeely Joseph is one of Geraldine Bell's five children—the others are *1069 Jackie Netter, Gwendolyn Smith, Sharon Thompson, and Shelia Thompson. Shelia predeceased her mother, leaving two major children, Quantel and Latoya Thompson. Ms. Bell died intestate on November 29, 2003. On March 5, 2004, Netter petitioned to be appointed administratrix of her mother's succession; the court granted her request on March 8, 2004. The detailed descriptive list filed by Netter showed the decedent's known assets consisted of a house, home furnishings, personal items, and a car.

On May 11, 2004, Netter filed a motion requesting Joseph to turn over the decedent's property and all records pertaining to it, alleging that Joseph and her daughter had moved into the decedent's house and were refusing to grant Netter access to it or information concerning other property of the estate. She also alleged that her mother's car had been wrecked and impounded while in Joseph's possession. A hearing was held July 26, 2004, at which time Joseph indicated that she had moved into the house and had put some household furnishings in storage to prevent vandalism, and that she was interested in remaining in the house and eventually purchasing it. A judgment was rendered that day, ordering Joseph to turn over all property of the decedent to Netter, but allowing her to continue to live in her mother's house pending closing of the succession. The judgment also ordered Joseph to continue to pay the mortgage on her mother's house and the storage fees for the movables she had put in storage. She was also ordered to pay for retrieving the damaged vehicle from impound storage, to turn over all records and information concerning the assets of the succession, and to provide the residence key and storage unit key to Netter. The judgment was signed September 1, 2004.

In November 2004, Netter moved for authority to list the house for sale for $79,500, averring that despite the September 1 court order, Joseph had refused to provide her with a key or to cooperate in either purchasing the house or in allowing Netter to market it. The motion was granted in an order signed November 18, 2004, in which the court again ordered Joseph to provide keys, authorized Netter to change the locks if the keys were not provided, authorized a realtor's lockbox to be placed on the home, and ordered Joseph to cooperate in showing the house. Joseph then moved to amend the order to fix the value of the property at $60,000, attaching an appraisal for that amount and stating the appraisal done for Netter was "extremely overpriced." She also contended Netter should not have unfettered entry into the home, complaining that as a result of the November 18 order, which was rendered without a hearing, Netter had changed the lock on the house and locked Joseph out. She asked the court to order that she be given notice twenty-four hours before any showings of the house and to allow only the realtor, and not Netter, to have access to the house. Joseph's requests regarding access to the house were granted in an order signed December 29, 2004,[1] and an evidentiary hearing on the value of the house was set.

Before that hearing, Netter moved to amend the detailed descriptive list, to be reimbursed for some expenses, and to be provided with an inventory and accounting from Joseph for some of her mother's movable property that appeared to be missing. Netter also averred that Joseph had removed the realtor's lockbox, changed the locks again, removed the "For *1070 Sale" sign, and refused to allow showings of the house; she asked the court to order Joseph to vacate the property so it could be marketed. After a hearing on April 25, 2005, the court approved Netter's amended detailed descriptive list and dismissed Joseph's motion to value the house at $60,000. The court found Joseph in contempt of court for failing to pay the costs of retrieving the vehicle from impound and ordered her to reimburse Netter for those expenses within 15 days. The court also found her in contempt of court for failing to turn over all furniture and personal effects and gave her fifteen days to cure this contempt. She was also found in contempt for failing to provide Netter with a key, was ordered to reimburse within 15 days the cost Netter had incurred to change the lock, and was ordered to provide Netter with a copy of all keys, to allow a lockbox to be placed on the house, and to cooperate with Netter and the realtor in showing the house. The court also ordered Joseph to move out of the house by June 1, 2005, and to maintain the mortgage payments until she vacated the property.[2] She was also ordered to pay attorneys fees in the amount of $1000 for contempt of court, and all costs of the proceedings. The judgment was signed May 11, 2005. In June 2005, in response to a motion filed by Netter, the court ordered that the property be listed for $75,000, and in September 2005, a sale of the house for that amount was approved by the court.

A tableau of distribution was filed by Netter on December 13, 2005, and was opposed by Joseph, who submitted additional mortgage and storage payments for reimbursement. Joseph contended that she owned another house and had moved into her mother's home only to thwart vandalism and preserve its value. Therefore, she claimed reimbursement for all mortgage payments and storage bills paid by her, including those paid after the court order of July 2004. After a hearing on February 13, 2006, Joseph's opposition claims were denied, and the tableau of distribution filed by Netter was approved and homologated in a judgment signed March 6, 2006.[3]

Joseph appeals the March 6, 2006 judgment and the May 11, 2005 contempt judgment. She claims the court erred in not reimbursing her for $5,398.12 in mortgage payments and $1,573.00 in storage fees that she paid after her mother's death;[4] she also contends the contempt judgment was unjustified and excessive. Netter argues that an appeal of the contempt judgment is untimely. She also contends Joseph was reimbursed for all the payments she made before the July 26, 2004 judgment ordering her to pay the mortgage, and that no additional reimbursement for later payments is due, because those payments were pursuant to court order and in recognition of the fact that Joseph was living in the house. Netter also argues that since Joseph was living in the house, there was no need to "protect" the movable property from vandalism by putting it *1071 in storage, so the storage fees were not a necessary expense of the succession. Netter further states that while the succession remained open, she, as administratrix of the succession, was the only person with any right to manage the property, pursuant to court order.

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Bluebook (online)
964 So. 2d 1067, 2007 WL 1651133, Counsel Stack Legal Research, https://law.counselstack.com/opinion/succession-of-bell-lactapp-2007.