By Walter F. Roche Jr.
A prominent Nashville, Tenn.
law firm is fighting a subpoena seeking all of its estate records for
the late U.S. Senator and television actor Fred Thompson.
In a
filing late last week in Davidson Probate Court Waller Lansden Dortch
& Davis charged that the subpoena issued in behalf of Thompsons two
oldest sons was not properly served and seeks records protected by a
lawyer client privilege.
The filing is just the latest legal skirmish over Thompson's estate.
The
two sons, Fred D. Thompson 2nd and Daniel L. Thompson, have charged
that Thompson's wife, Jeri K. Thompson, may have made last minute
changes even after Thompson himself, was no longer legally competent to
authorize them.
The Waller firm was deeply involved in those
efforts and has a $14,550 discounted claim for legal work done just
before Fred Thompson's Nov. 1, 2015 death. Jeri Thompson, the executor
of her late husband's estate has disputed the bill.
In the filing
on Friday Waller attorney Ames Davis charged that the four-page subpoena
seeks documents that already have been turned over to the firm now
representing the estate.
In addition the documents are either protected by attorney-client privilege or are protected as attorney work product.
"Waller
would be subjected to undue burden and expense if it were required to
locate all documents potentially responsive to the subpoena," the Waller
filing states.
Jeri Thompson already has denied making any last
minute changes to the estate except for adding a secondary beneficiary
to two life insurance policies. Those changes, however, proved to be a
nullity since Jeri Thompson, the primary beneficiary already cashed in
the policies in question, according to court filings.
Thompson, a
one time presidential candidate, and Jeri Thompson had two children,
Samuel and Hayden, but neither was mentioned in the more than decade old
will filed in the estate.
The four page subpoena served on the
Waller firm seeks all of Thompson's estate planning documents, records
relating to a Florida property owned by the senator, any benefits
Thompson was entitled to from the Screen Actors Guild and any interest
he had in American Advisors Group.
Contact:wfrochejr999@gmail.com
Monday, August 22, 2016
Sunday, August 14, 2016
Hearing Set in Fred Thompson Estate Dispute
By Walter F. Roche Jr.
A Sept. 29 hearing date has been set to consider a motion by the widow of television star and politician Fred Thompson to throw out claims of improper death bed estate changes filed by his two oldest sons by a previous marriage.
Jeri Thompson has denied charges by Fred Thompson 2nd and Daniel Thompson that she made last minute changes to his estate planning documents to their detriment at a time when the one time presidential candidate was not competent to authorize any changes.
The two sons, meanwhile, have served a subpoena on the law firm that had been conferring with Jeri Thompson and the late U.S. senator in the days before his Nov. 1 death. The subpoena served on the Waller Landsen Dortch and Davis law firm seeks copies of all of Thompson's estate planning documents. It also seeks copies of a deed to a Florida property owned by Thompson.
The Florida property was specifically mentioned in billing records the Waller law firm submitted to justify a $14,550 claim against the estate. Jeri Thompson has disputed that claim.
Jeri Thompson has labeled the sons' charges "gross misrepresentations" and stated that the only changes made were to add a contingent beneficiary to two life insurance policies. The changes had no effect on the $50,000 apiece allotted to Thompson's two oldest sons under the decade old will that was finally filed, according to her court filing.
Her response also noted that the designation of contingency beneficiaries became moot when she, the primary beneficiary, redeemed the two policies.
Jeri Thompson, utilizing a power of attorney, added her son with Thompson, Samuel, as a contingent beneficiary on Oct. 26. Prior to that their daughter Hayden was the 100 percent contingent beneficiary, according to her motion for summary judgment.
Contact: wfrochejr999@gmail.com
A Sept. 29 hearing date has been set to consider a motion by the widow of television star and politician Fred Thompson to throw out claims of improper death bed estate changes filed by his two oldest sons by a previous marriage.
Jeri Thompson has denied charges by Fred Thompson 2nd and Daniel Thompson that she made last minute changes to his estate planning documents to their detriment at a time when the one time presidential candidate was not competent to authorize any changes.
The two sons, meanwhile, have served a subpoena on the law firm that had been conferring with Jeri Thompson and the late U.S. senator in the days before his Nov. 1 death. The subpoena served on the Waller Landsen Dortch and Davis law firm seeks copies of all of Thompson's estate planning documents. It also seeks copies of a deed to a Florida property owned by Thompson.
The Florida property was specifically mentioned in billing records the Waller law firm submitted to justify a $14,550 claim against the estate. Jeri Thompson has disputed that claim.
Jeri Thompson has labeled the sons' charges "gross misrepresentations" and stated that the only changes made were to add a contingent beneficiary to two life insurance policies. The changes had no effect on the $50,000 apiece allotted to Thompson's two oldest sons under the decade old will that was finally filed, according to her court filing.
Her response also noted that the designation of contingency beneficiaries became moot when she, the primary beneficiary, redeemed the two policies.
Jeri Thompson, utilizing a power of attorney, added her son with Thompson, Samuel, as a contingent beneficiary on Oct. 26. Prior to that their daughter Hayden was the 100 percent contingent beneficiary, according to her motion for summary judgment.
Contact: wfrochejr999@gmail.com
Saturday, August 6, 2016
Thompson's Widow Wants Sons' Suit Tossed
By Walter F. Roche Jr.
The widow of the late U.S. Senator Fred Thompson is asking a judge to throw out a suit filed by the one time presidential candidate's two oldest sons who had charged her with making last minute changes in his estate documents.
In a motion filed Friday in Davidson Probate Court in Nashville, Tenn. lawyers for Jeri Thompson, who is also the executor of her husband's estate, disclosed that she did change the contingent beneficiaries on two life insurance policies but that action had no effect on the interests of Thompson's sons, Fred D. Thompson 2nd and Daniel Thompson.
Denying charges of a last minute conspiracy to change the late actor's estate, Ms. Thompson said the allegations of the two older sons were "gross misrepresentations of the facts based on speculation and incomplete information."
She said she made the beneficiary changes on Oct. 26, 2015 under a more than decade old power of attorney.
"Plaintiffs cannot show that they suffered any harm or loss that was caused by any actions of the executor," the motion for summary judgment states.
The filing is the latest development in legal battles that surfaced following the death of the late actor.
Jeri Thompson, according to the court filing, added their son Samuel as a 50 percent contingent beneficiary on two life insurance policies. Prior to the change the 100 percent contingent beneficiary was Hayden Thompson, a daughter of Jeri Thompson and the deceased Law and Order prosecutor.
Jeri Thompson was and remained the sole primary beneficiary under both policies.
"The change never had any effect whatsoever because the executor, the primary beneficiary, received the proceeds of the policies, as was Senator Thompson's intent," a 14-page court memorandum states.
According to the suit the changes reduced Hayden's interest as a contingent beneficiary to 50 percent.
Thompson's two older sons of a previous marriage had charged that Jeri Thompson had made changes to the estate using undue influence and at a time when he was not competent to make any changes. They asked the court to nullify any such last minute changes.
The charges were based on billing records from the law firm of Waller Lansden Dortch and Davis, which has filed a claim against the estate for $14,550 for estate work done just before the senator's death.
According to Jeri Thompson's motion, the late senator was considering changing his estate plans, but Waller attorney Charles Trost concluded, following an Oct. 19, 2015 meeting, that he was not competent to make any such changes.
"Senator Thompson's condition worsened before the documents could be completed and before Sen. Thompson could review and sign them," the filing states.
Court records show the will filed in Thompson's estate was prepared in 2003 and did not include either Hayden or Samuel. The two older sons were beneficiaries.
The Waller billing records show there was a last minute flurry of activity regarding Thompson's will and estate plans. Jeri Thompson has filed objections to the billing but a hearing on the bill dispute has been postponed indefinitely, records show.
Contact: wfrochejr999@gmail.com
Wednesday, August 3, 2016
Thompson's Sons Sue Stepmother in Estate Case
By Walter F. Roche Jr.
The two eldest sons of the late actor and presidential candidate Fred Thompson are suing his wife charging she may have switched beneficiaries on his life insurance policies and retirement plans just before his death.
The claims by Fred D and Daniel L. Thompson were filed in the late senator's estate case in Davidson Probate Court in Nashville, Tenn. Tuesday.
Citing a dispute over a $14,550 legal bill the two are demanding that Jeri Thompson turn over her husband's estate planning documents so they can determine whether last minute changes were made.
The legal bill from a prominent Nashville law firm, Waller Lansden, shows that there was a last minute attempt to draw up a new will in the days before Thompson's death, but that effort was ultimately unsuccessful.
Instead the will filed in the estate is over a decade old and omits the two children born after Thompson's marriage to Jeri, who is the executor of the estate. She issued a statement denying the charges.
The dispute over the legal bills, first reported in this blog, was put on hold over a month ago by agreement of both parties.
The two eldest sons, who are included in the official will, however are charging that changes may have been made in the beneficiaries of life insurance policies and retirement plans even in property holdings.
They charge that Jeri Thompson has refused to provide them with copies of the estate planning documents.
The motion asks the court to declare any such changes invalid, contending that Jeri Thompson may have exerted undue influence over her husband and that the late senator was not competent to authorize any such changes.
Thompson died in November of last year. The one time presidential candidate and Law and Order prosecutor was once estimated to be worth $8 million.
The two eldest sons of the late actor and presidential candidate Fred Thompson are suing his wife charging she may have switched beneficiaries on his life insurance policies and retirement plans just before his death.
The claims by Fred D and Daniel L. Thompson were filed in the late senator's estate case in Davidson Probate Court in Nashville, Tenn. Tuesday.
Citing a dispute over a $14,550 legal bill the two are demanding that Jeri Thompson turn over her husband's estate planning documents so they can determine whether last minute changes were made.
The legal bill from a prominent Nashville law firm, Waller Lansden, shows that there was a last minute attempt to draw up a new will in the days before Thompson's death, but that effort was ultimately unsuccessful.
Instead the will filed in the estate is over a decade old and omits the two children born after Thompson's marriage to Jeri, who is the executor of the estate. She issued a statement denying the charges.
The dispute over the legal bills, first reported in this blog, was put on hold over a month ago by agreement of both parties.
The two eldest sons, who are included in the official will, however are charging that changes may have been made in the beneficiaries of life insurance policies and retirement plans even in property holdings.
They charge that Jeri Thompson has refused to provide them with copies of the estate planning documents.
The motion asks the court to declare any such changes invalid, contending that Jeri Thompson may have exerted undue influence over her husband and that the late senator was not competent to authorize any such changes.
Thompson died in November of last year. The one time presidential candidate and Law and Order prosecutor was once estimated to be worth $8 million.
Thursday, May 12, 2016
Hearing on Fred Thompson Estate Fee Dispute Delayed
By Walter F. Roche Jr.
A hearing on a disputed legal bill in the estate of the late U.S. Sen. Fred Thompson has been postponed indefinitely by agreement of all parties.
A hearing had been scheduled for today, but under an order approved by Probate Judge David "Randy" Kennedy it was delayed indefinitely.
The issue scheduled for debate was a $14,550 legal bill submitted by the Nashville law firm of Waller Lansden Dortch and Davis.
Billing records submitted with the claim show the law firm was engaged in an unsuccessful last minute effort to amend or replace a will written over a decade ago.
Thompson's widow, Keri, filed an objection to the claim, calling it "inappropriate, improper and not a valid claim.
At the same time the Waller firm withdrew as the legal representative of the case.
The will filed in the case omits two of Thompson's children by his marriage to Keri.
Two attorneys from the firm of Neal and Harwell, William Ramsey and Stephen Montgomery, have replaced the Waller firm representing the estate.
The value of the estate of the one time presidential candidate has been estimated at more than $8 million.
Contact: wfrochejr999@gmail.com
A hearing on a disputed legal bill in the estate of the late U.S. Sen. Fred Thompson has been postponed indefinitely by agreement of all parties.
A hearing had been scheduled for today, but under an order approved by Probate Judge David "Randy" Kennedy it was delayed indefinitely.
The issue scheduled for debate was a $14,550 legal bill submitted by the Nashville law firm of Waller Lansden Dortch and Davis.
Billing records submitted with the claim show the law firm was engaged in an unsuccessful last minute effort to amend or replace a will written over a decade ago.
Thompson's widow, Keri, filed an objection to the claim, calling it "inappropriate, improper and not a valid claim.
At the same time the Waller firm withdrew as the legal representative of the case.
The will filed in the case omits two of Thompson's children by his marriage to Keri.
Two attorneys from the firm of Neal and Harwell, William Ramsey and Stephen Montgomery, have replaced the Waller firm representing the estate.
The value of the estate of the one time presidential candidate has been estimated at more than $8 million.
Contact: wfrochejr999@gmail.com
Wednesday, May 11, 2016
Fee Dispute Erupts In Fred Thompson Estate
By Walter F. Roche Jr.
The widow of former U.S. Sen. Fred W. Thompson is charging that a bill submitted to the one-time presidential candidate's estate by a well know Nashville, Tenn. law firm is "inappropriate, improper and not a valid claim."
The challenge to the $14,550 claim by the firm of Waller Lansden Dortch and Davis was filed recently by Jeri Thompson, the former actor's widow.
The challenge is scheduled for a hearing this week before Davidson Probate Judge David "Randy" Kennedy.
The $14,550 claim provides a detailed accounting of a last minute failed effort to amend or replace Thompson's will, which had been prepared over a decade earlier prior to the birth of two of Thompson's children by Jeri, his second wife.
Nearly simultaneously with the filing of the challenge, the Waller firm asked to be relieved of its duties as the legal representative of the estate.
Kennedy subsequently approved the motion and two attorneys with Neal and Harwell, William Ramsey and Stephen Montgomery, entered their appearances for the estate. They did not respond immediately to a request for comment.
The disputed Waller bill seeks payment for nearly 90 hours of legal work between Oct. 12 and Oct. 28 of last year. Thompson died Nov. 1.
According to the claim, the $14,550 billing included a substantial discount and otherwise would have totaled $40,526. One entry in the bill states, "preparation of notice of incompetency and research regarding use of powers of attorney."
The billings show there was a last minute set of documents, including a "Power of Attorney" sent to Alive Hospice, where Thompson died
The will filed by the Waller firm in Thomson's estate was signed in 2003 and leaves the bulk of his estate, well over $1 million to Jeri K. Thompson, who is named as executor.
While the will makes awards to the two children from his first marriage, it omits two children, Hayden and Samuel, born after the will was drawn up.
Thompson, whose net worth has been estimated at $8 million, died from lymphoma. The will was filed Nov. 17. Named in the will were Thompson's sons by his first marriage, Fred D. Thompson Jr and Daniel L. Thompson, who were awarded $50,000 each.
Thompson, a Tennessee Republican, served in the U.S. Senate from 1994 to 2003. A one time Republican presidential candidate and an attorney himself, Thompson had a long and successful acting career including a role as Manhattan District Attorney Arthur Branch in the Law and Order television series.
The widow of former U.S. Sen. Fred W. Thompson is charging that a bill submitted to the one-time presidential candidate's estate by a well know Nashville, Tenn. law firm is "inappropriate, improper and not a valid claim."
The challenge to the $14,550 claim by the firm of Waller Lansden Dortch and Davis was filed recently by Jeri Thompson, the former actor's widow.
The challenge is scheduled for a hearing this week before Davidson Probate Judge David "Randy" Kennedy.
The $14,550 claim provides a detailed accounting of a last minute failed effort to amend or replace Thompson's will, which had been prepared over a decade earlier prior to the birth of two of Thompson's children by Jeri, his second wife.
Nearly simultaneously with the filing of the challenge, the Waller firm asked to be relieved of its duties as the legal representative of the estate.
Kennedy subsequently approved the motion and two attorneys with Neal and Harwell, William Ramsey and Stephen Montgomery, entered their appearances for the estate. They did not respond immediately to a request for comment.
The disputed Waller bill seeks payment for nearly 90 hours of legal work between Oct. 12 and Oct. 28 of last year. Thompson died Nov. 1.
According to the claim, the $14,550 billing included a substantial discount and otherwise would have totaled $40,526. One entry in the bill states, "preparation of notice of incompetency and research regarding use of powers of attorney."
The billings show there was a last minute set of documents, including a "Power of Attorney" sent to Alive Hospice, where Thompson died
The will filed by the Waller firm in Thomson's estate was signed in 2003 and leaves the bulk of his estate, well over $1 million to Jeri K. Thompson, who is named as executor.
While the will makes awards to the two children from his first marriage, it omits two children, Hayden and Samuel, born after the will was drawn up.
Thompson, whose net worth has been estimated at $8 million, died from lymphoma. The will was filed Nov. 17. Named in the will were Thompson's sons by his first marriage, Fred D. Thompson Jr and Daniel L. Thompson, who were awarded $50,000 each.
Thompson, a Tennessee Republican, served in the U.S. Senate from 1994 to 2003. A one time Republican presidential candidate and an attorney himself, Thompson had a long and successful acting career including a role as Manhattan District Attorney Arthur Branch in the Law and Order television series.
Monday, March 28, 2016
Thompson Lawyers In Frantic Last Minute Estate Efforts
By Walter F. Roche Jr.
In the days and hours before his death, lawyers for former U.S. Sen. Fred Thompson engaged in a frantic but apparently futile effort to file a new will and make other changes in his estate.
Thompson, who died on Nov. 1, 2015, left a will that had been drawn up over a decade earlier and omitted two of his children by a second marriage.
Records filed in Thompson's estate in Davidson Probate Court in Nashville, Tenn. show family lawyers logged some 90 hours between Oct. 12 and Oct. 28 in an effort to finalize a new will and make other last minute estate adjustments.
The Nashville firm of Waller Lansden Dortch and Davis recently submitted a claim in Thompson's estate for $14,550.20. That actually represented a substantial discount from the firm's regular billing rates which came to $40,526 at an average hourly rate of $450.
Charlie Trost, one of the two Waller Lansden lead attorneys in the case, declined to comment on the filing.
Items listed in the billing include an initial charge for .3 hours on Oct. 12 described as "telephone call with F. Thompson re. appointment to discuss new will."
The will actually filed in Thomson's estate was signed in 2003 and leaves the bulk of his estate, estimated at well over $1 million to his second wife Jeri K. Thompson, who is named as exeutor.
While the will makes awards to the two children from his first marriage, it omits two children, Hayden and Samuel, born after the will was drawn up.
Thompson, a one time Republican presidential candidate and an attorney himself, had a long and successful acting career including a role as Manhattan District Attorney Arthur Branch in the Law and Order television series.
The Waller Lansden billings show that following the initial Oct. 12 telephone conversation, firm lawyers billed as much as 9.3 hours in a single day for tasks including "preparing and editing a trust" on Oct. 16 and 8.7 hours on Oct. 26 for a variety of tasks including "effort to obtain doctor''s signature and preparation of packet to change beneficiary designation" on an insurance policy.
The last entry for Oct. 28, just days before Thompson's death was for .4 hours for "transmittal letter for Power of Attorney and living will" sent to Nashville's Alive Hospice.
Still other items in the six-page billing statement include "research regarding effect of transfer immediately before death.
Another entry for Oct. 23 states, "preparation of notice of incompetency and research regarding use of powers of attorney."
Thompson, whose net worth has been estimated at $8 million, died from lymphoma. The will was filed Nov. 17. Named in the 2003 will were Thompsons sons by his first marriage, Fred D. Thompson Jr and Daniel L. Thompson, who were awarded $50,000 each.
His mother Ruth B. Thompson was awarded $100,000.
Thompson, a Tennessee Republican, served in the U.S. Senate from 1994 to 2003.
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