Succession of Hugh Edward Teal ( 2022 )

SUCCESSION OF HUGH EDWARD TEAL NO. 22-C-321
FIFTH CIRCUIT
COURT OF APPEAL
STATE OF LOUISIANA
August 02, 2022
Susan Buchholz
First Deputy Clerk
IN RE SANDRA TEAL, THE UNIVERSAL LEGATEE UNDER THE PROBATED LAST WILL AND
TESTAMENT DATED JULY 29, 2020
APPLYING FOR SUPERVISORY WRIT FROM THE FORTIETH JUDICIAL DISTRICT COURT, PARISH
OF ST. JOHN THE BAPTIST, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE VERCELL
FIFFIE, DIVISION "A", NUMBER 79,68
Panel composed of Judges Marc E. Johnson,
John J. Molaison, Jr., and June B. Darensburg
WRIT GRANTED
Relator, Mrs. Sandra Teal, seeks expedited review of the 40th Judicial
District Court’s July 13, 2022 order prohibiting the distribution of “fund(s) of the
succession or [any] amount held in the name of Hugh Edward Teal[, Mrs. Teal’s
late husband, . . .] in any manner to pay amounts due to and for any debts payable
to, for, or by any successor, legatee, or any other person involved or attached to
this litigation without an order to do so from” the district court. Relator alleges
that the district court erred when 1) it “nullified the authority of the duly appointed
and confirmed Independent Testamentary Executor and precluded the parties from
resolving the case via settlement by freezing the assets of the estate”; and 2) failed
to grant two pending, unopposed motions: Intervenor Thomas Smith’s Motion to
Withdraw Claims and Dismiss with Prejudice; and Relator’s Ex Parte Unopposed
Motion to Authorize Executor to Make an Advance to The Universal Legatee
(“Unopposed Motion,”) which requested the trial court to again confirm the
statutory authority of the Testamentary Independent Executor to make an advance
to Relator to fund her settlement payments to Margaret and Diane Teal Robinson1,
collateral family members of decedent. Margaret and Diane Teal instituted
litigation against Mrs. Teal in a separate proceeding also before Judge Vercell
Fiffie. For the following reasons, we grant the writ application.
Decedent, Hugh Edward Teal, died testate February 24, 2021, leaving a
notarial will. Decedent was survived by his spouse, Sandra Zeagler Teal, with
1
Margaret Teal is the widow of decedent’s deceased brother, and Diane Teal Robinson is their
daughter and, thus, decedent’s niece.
whom he was living and residing at the time of his death. Decedent had no children
(natural, adopted, or filiated).
Prior to decedent’s death, he executed a notarial will that was
attested to before a notary and two witnesses (also attorneys).
Decedent’s will provided for an independent administration, and
named and appointed Mr. Feingerts, relator, as independent executor
of his estate, with full seizin and without bond, to carry out its
dispositions. Following decedent’s death, on February 25, 2021,
pursuant to La. C.C.P. art. 2853, the attorneys for Sandra Teal, filed a
Petition to Probate decedent’s notarial will and to confirm the
appointment of Mr. [Bruce L.] Feingerts, relator, who accepted the
appointment as independent executor of decedent’s estate.
Succession of Teal, 21-226 (La. App. 5 Cir. 6/4/21); 2021 WL 2301802 at *1-2. In
the previous writ application regarding this matter, Mr. Feingarts was the relator.
This Court found that 1) La. C.C.P. arts. 3091 and 3094 do not apply when the
decedent died testate; and 2) and once presented with the notarial testament,
hearing no contest from the parties to the succession, the trial court was under a
mandatory obligation to probate it in accordance with the mandates set forth in the
testament. We ordered the district court to order the probate of the decedent’s
notarial will pursuant to La. C.C.P. art 2891, and remanded the matter to the trial
court for further proceedings consistent with that disposition. On June 29, 2021,
the trial court ordered the authorization of the independent administration,
confirmed the appointment of Mr. Feingerts as Independent Executor, without
bond, and “FURTHER ORDERED that all necessary steps required by the laws of
the State of Louisiana and all other legal requirements are to by conformed with.”
In a letter dated June 6, 2022, counsel for the Collateral Teals advised the
district court that all of their differences with Mrs. Teal and Mr. Feingerts, in his
capacity as Independent Executor of the succession, have been resolved and that
they would be filing dismissal motions in both Docket No. 74716 and the instant
matter. Intervenor, Thomas Smith, who had joined the Collateral Teals in their
claims against the Applicant, also notified the District Court on June 20th, 2022
that he was withdrawing his claims with prejudice. Mr. Smith filed a Motion to
Withdraw Claims and Dismiss with Prejudice2.
Relator then filed an Ex Parte Unopposed Motion to Authorize Executor
to Make an Advance to The Universal Legatee (“Unopposed Motion”) on July 1,
2022. Relator advised that all parties affected by this Motion were contacted and
and consented to the motion in accordance with Local Rule 9.8(f). Rather than
grant the Unopposed Motion confirming the independent executor’s statutory
authority, the district court issued an order on July 13, 2022, sua sponte, “freezing
all estate funds, in effect converting the Succession proceeding from an
independent administration to an ordinary administration.” Relator advised that as
of Monday, July 18, 2022, he is in technical default of the settlement agreement
because the July 13, 2022 order prohibits him, as independent executor, from
facilitating the settlement payment to the Collateral Teals.
2
Mr. Smith’s motion was granted by the district court on July 14, 2022.
Upon review of the record, we find that the district court’s July 13, 2022
order restricting the independent executor’s ability to act without prior court
authorization for the succession was a constructive removal of an independent
administrator. An independent administrator has all the rights, powers, authorities
of other succession representatives, including the authority needed to pay debts and
settle lawsuits, but without the necessity of obtaining court approval to exercise
them. La. C.C.P. art. 3396.15. The court may remove an independent administrator
for the same reasons that a succession representative may be removed. § 15:30.
Independent administrator, 10 La. Civ. L. Treatise, Successions And Donations §
15:30 (2d ed.).
The procedure for removal of a succession representative is governed
by Louisiana Code of Civil Procedure articles 3182 and 3396.20.
Article 3182 provides, in pertinent part, “The court on its own motion
may, and on motion of any interested party shall, order the succession
representative sought to be removed to show cause why he should not
be removed from office.” Similarly, Article 3396.20 authorizes
the court “on motion of any interested person, after a contradictory
hearing” to remove an independent administrator for any of the
reasons provided by applicable law. In a contested proceeding, these
articles require a rule to show cause and a contradictory hearing
to remove a succession representative.
In re Succession of Cannata, 14-1546 (La. App. 1 Cir. 7/10/15); 180 So.3d 355,
365, writ denied, 15-1686 (La. 10/30/15); 180 So.3d 303; Therefore, the trial court
erred when it stripped the independent executor of his authority without giving him
notice and an opportunity to appear and show cause why he should not be
removed. See Succession of Cannata, supra.
Based on the foregoing, the writ application is granted. We vacate the district
court’s July 13, 2022 order and remand the matter for further proceedings
consistent with this disposition.
Gretna, Louisiana, this 2nd day of August, 2022.
MEJ
JJM
JBD
SUSAN M. CHEHARDY CURTIS B. PURSELL
CHIEF JUDGE CLERK OF COURT
MARY E. LEGNON
FREDERICKA H. WICKER
INTERIM CHIEF DEPUTY CLERK
JUDE G. GRAVOIS
MARC E. JOHNSON
ROBERT A. CHAISSON SUSAN S. BUCHHOLZ
STEPHEN J. WINDHORST
FIRST DEPUTY CLERK
HANS J. LILJEBERG
JOHN J. MOLAISON, JR. FIFTH CIRCUIT
MELISSA C. LEDET
JUDGES 101 DERBIGNY STREET (70053)
DIRECTOR OF CENTRAL STAFF
POST OFFICE BOX 489
GRETNA, LOUISIANA 70054 (504) 376-1400
(504) 376-1498 FAX
www.fifthcircuit.org
NOTICE OF DISPOSITION CERTIFICATE OF DELIVERY
I CERTIFY THAT A COPY OF THE DISPOSITION IN THE FOREGOING MATTER HAS BEEN
TRANSMITTED IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 4-6 THIS
DAY 08/02/2022 TO THE TRIAL JUDGE, THE TRIAL COURT CLERK OF COURT, AND AT LEAST ONE OF
THE COUNSEL OF RECORD FOR EACH PARTY, AND TO EACH PARTY NOT REPRESENTED BY
COUNSEL, AS LISTED BELOW:
22-C-321
E-NOTIFIED
40th District Court (Clerk)
Honorable Vercell Fiffie (DISTRICT JUDGE)
Robert Felder (Respondent) Ashley L. Belleau (Relator)
Tyler J. Arbour (Relator) Kevin P. Klibert (Relator)
MAILED
John D. Stevens (Respondent) Ryan M. Tucker (Relator) Carl V. Williams (Respondent)
Attorney at Law Attorney at Law Attorney at Law
132 Terra Bella Boulevard 601 Poydras Street 935 Gravier Street
Covington, LA 70433 Suite 2775 Suite 720
New Orleans, LA 70130 New Orleans, LA 70112
Sharrolyn J. Miles (Respondent)
Attorney at Law
Post Office Box 2503
Laplace, LA 70069
• Complete ltema 1, 2, Md 3.
• Print your name and address on the reverse
ao that we can return the card to you.
• Attach this card to the back of the mallplec:e, c. Date of Delivery
or on the front If space pernilts.
1. Mk:le Addressed to: D. Is dellYely addnJss cllrnnt from Item 1? 0 Yes
HYES, enter dellvely adclresa below: 0 No
John D. Stevens
Attorney at Law
13.1-Terra Bella Boulevard
Covington, LA 70433
22-C-321 08-02-22
3. S8lvloe ~ 0 PllolttyMall ~
~ 11111111111111111111111111111111111111111111 0 ~---
o~ S9llllunt Aellltctlld o.av.y
II"c.1lled MID
0 ~Mall"'
a ~MID Rllllllfc;llld
PltMY ,
9590 9402 2434 6249 3639 70
Certlled Miii Alllrtcl9d DllMrJ
0 Collecton0ellv9ry
,,___ _ _ _ _ _ _ _ _ _ _ _ ___.10 ~
MtrdwAeclll!lt
. . for
-
2. Mk:le Number (lhlnsfw fn)m service label)
1o1b 2a7a aaaa a9s 4 71b s
· ··
' (Mr!S!O)
inllnd Mal fleatcCed o.My ..
0 ----eomm.uon
o Collect on Dellv9ry Rllllrlcl9d Dell"9ry O Slgnllu19Conftrmallon"'
~ lnlllled Mall
Ae*lcCed o.My
PS Form 3811, July 2015 PSN 7530-02-ooo-9053
.- Domaatlo R8bl'n Receipt J
• Complete Items 1, 2, and 3.
• Print your name and adclreea on the reverse
so that we can return the cam to you.
• Attach this card to the back of the mallplece,
or on the front ff space permits.
-
1. Arllole Addresaed to:
Sharrolyn J.'*-l iles
Attorney at Law
Post Office Box 2503
Laplace, LA 70069
22-C-321 08-02-22
1111111111111111111111111111111111111111111111
9590 9402 2434 6249 3639 87
~ PS Form 3811, July 2015 PSN 7530-02-ooo-9053 Domestic Return Receipt
• Complete ltema 1, 2, and 3.
• Print your name and address on the l'8V8l'98 CAQent
so that we can return the card to you. a Addl9llSe8 t
• Attach this card to the back of the mallplece, c. Olde of Dellvery
or on the front If space permits.
1. Article Addresaed to:
I ;~a``_;-.~- ~·SBc,, ~
·Atternc~at.baw- - ~ -· v/:')1
1
601 Poydras Street tf
Suite 2775
New Orleans, LA 70130
22-C-321 08-02-22
II llllll llll Ill 111111111111111111111111111111
9590 9402 2434 6249 3639 56
Oomeetlc Ret\m Receipt j