Rowen v. Estate of Jerry Bernard Hughley Jr.

The probate court did not abuse its discretion in rejecting the guardian ad litem's contingency fee agreement, since a probate court has a specific responsibility in matters involving the settlement or compromise of claims by a guardian and the discretion to approve any payment out of the corpus of a minor's estate.

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Sharon L. Rowen appeals the order of the probate court determining that $15,000 was a reasonable fee for her legal representation of the three minor children of the late Jerry Bernard Hughley, Jr., in an uncontested petition to determine the heirs of Hughley’s estate. We affirm. Hughley died intestate, and Rowen was hired by Valencia Moore, the children’s mother and natural guardian, to represent her and her children in their claim to Hughley’s estate. Moore and Rowen initially entered into a contingency fee contract entitling Rowen to 40 percent of any recovery obtained during the course of the representation. The agreement specifically provided that this percentage would apply to any annuity or lump sum payments received by the children and any monies bequeathed to them from the estate of Hughley’s mother, Brenda Worthy.

Rowen subsequently filed a “Petition to Determine Heirs” on behalf of the three children, with a separate count seeking approval of the parties’ contingency agreement. The probate court appointed a guardian ad litem for the children in connection with the petition. Gary M. Sams had previously been appointed as the administrator of Hughley’s estate and also served as the guardian of the property for Brenda Worthy, who is incapacitated. Sams filed an answer to the petition in both of these capacities. While the answer conceded that Rowen had provided good and valuable service to Moore and her children, it asked that the probate court examine the contingency fee contract. The answer further stated that the children’s estate: 1 was due to receive $150,000 as the final payment under an annuity stemming from an accident involving Worthy and 2 will be entitled to substantial sums from Worthy’s estate at the time of her death.

Rowen v. Estate of Jerry Bernard Hughley Jr.

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