In re Estate of Zeigler

The plaintiff presented no evidence of the value of assets unrelated to real estate to support her claim of compensatory damages as to those assests.

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In this third appearance of this case before this court,1 we are asked to determine whether the probate court erred in ordering the former executrix of an estate, Stacey Hatchett, to pay compensatory and other damages to one of the estate’s beneficiaries, Rita Williams; and in requiring Hatchett and her attorney, Fred Clark, to pay expenses of litigation, including attorney fees, to Williams. After an evidentiary hearing, the probate court based its judgment on its finding that Hatchett, with assistance from Clark, sought to prolong the probate court proceedings through appeals and other legal mechanisms while she wrongfully attempted to have the estate’s primary asset, a house, conveyed to her. On appeal, Hatchett and Clark contend that the probate court erred in finding that the sale of the house was wrongful and in finding that the evidence supported the awards of damages and litigation expenses to Williams. For the reasons set forth below, we find no error in the court’s findings regarding the sale; we affirm certain of the court’s awards, including an award of litigation expenses that included attorney fees; and we reverse one of the court’s awards of compensatory damages due to lack of evidence supporting the award.

Hatchett was named executrix of the estate of her deceased grandmother, Alma J. Zeigler. In her will, Zeigler devised her house to Williams. Hatchett did not want Williams to receive the house, because Williams’s husband had been convicted of murdering Alma Zeigler’s husband Hatchett’s grandfather. Thus, Hatchett considered contesting the will and expressed to her attorney, Clark, her desire that Williams not receive the house.

In re Estate of Zeigler

The plaintiff presented no evidence of the value of assets unrelated to real estate to support her claim of compensatory damages as to those assests.

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