Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Succession of Youngblood

Court of Appeals of Louisiana, Second Circuit

January 10, 2018

SUCCESSION OF FRANCES ODEN YOUNGBLOOD SUCCESSION OF RAY ODEN YOUNGBLOOD SUCCESSION OF JAMES DEE YOUNGBLOOD, III

         Appealed from the First Judicial District Court for the Parish of Caddo, Louisiana Trial Court No. 551019 Honorable Craig Owen Marcotte, Judge

          AYRES, SHELTON, WILLIAMS, BENSON & PAINE, LLC By: Lee H. Ayres By: Stacey A. Smith Melerine By: Jacob C. White Counsel for 1st Appellant Mary Anne Youngblood Shemwell

          DALE G. COX, JR. Counsel for 2nd Appellants Patricia N. Miramon Succession of Frances Oden Youngblood Succession of Ray Oden Youngblood Succession of James Dee Youngblood, III American Heart Association American Cancer Society, Inc. Patricia N. Miramon Independent Executrix

          Before WILLIAMS, MOORE, and STONE, JJ.

          STONE, J.

         This appeal arises from a trial court's judgment appointing Mary Anne Youngblood Shemwell and Patricia N. Miramon as co-executrices of the Succession of Frances Oden Youngblood. For the following reasons, we reverse the judgment of the trial court and remand for trial.

         FACTUAL BACKGROUND

         On February 26, 2007, Frances Oden Youngblood ("Frances") and her sons, Ray Oden Youngblood ("Ray") and James Dee Youngblood, III ("James"), each executed notarial testaments. Frances left the bulk of her estate in equal shares to her two sons and only daughter, Mary Anne Youngblood Shemwell ("Shemwell"). Frances named James as her independent executor; she did not name an alternative or successor executor.

         Ray left his entire estate to James and named James as his independent executor. James left his entire estate to Ray and, in the event Ray predeceased him, James' entire estate went to the American Heart Association and the American Cancer Society. In a codicil to his will, James named the family attorney, Patricia N. Miramon ("Miramon"), as his independent executrix. Miramon, who had served as the Youngbloods' family attorney since 2006, drafted and notarized the three aforementioned wills.

         Frances died in 2011, Ray died in 2012, and James died in 2016. At the times of their deaths, neither Ray nor James was married, and neither of the men had children. Beginning in 2011, after Frances' death, James gave Miramon a series of mandates to act on his behalf as independent executor of Frances' estate. Additionally, from 2015 until his death in March of 2016, James granted Miramon a general power of attorney, authorizing Miramon to act with broad powers on his behalf.

         On October 30, 2015, Shemwell filed a petition to have James removed as executor of Frances' succession on the grounds that he lacked capacity. Shemwell's claims were based on James' mental illness and/or incompetence, documented over a period of several years.[1]

         Thereafter, following James' death in 2016, Shemwell filed a petition seeking appointment as the dative independent executrix of Frances' succession. Shemwell argued that, pursuant to La. C.C.P. art. 3098 ("Article 3098"), she has priority of appointment as Frances' sole remaining legatee.[2]Miramon subsequently answered the petition and filed exceptions of prematurity, no right of action, and unauthorized use of summary proceedings. In her answer, Miramon sought appointment as the dative independent executrix of Frances' succession.

         A hearing on Shemwell's petition and Miramon's exceptions was held on January 9, 2017. The trial court, despite repeated objections by both parties, appointed Shemwell and Miramon as co-executrices of Frances' succession. The trial court conceded it lacked legal authority upon which to appoint co-executrices, but believed its ruling was an effectual compromise to accommodate both ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.