ESTATE OF McLEMORE v. McLemore, 63 So. 3d 468

William F. McLemore appointed Colleen McLemore and Gerald McLemore as coexecutors and cotrustees of his will and trusts; after his death, disputes arose over ownership, loans, and compensation among the four sons and the remnants of the trusts.
The Elvis Ranch property became a focal point, with competing sale proposals and contested funding of the family and marital trusts; multiple proposed sales were never consummated.</n>
Colleen continued administering the estate, providing funds to Dennis and Shannon, while Gerald challenged ownership and sought removal and accounting; Colleen later died, rendering her estate the substitute plaintiff while Gerald remained executor and trustee pending removal issues.
The living trust split William’s assets into a marital trust and a family trust; the marital trust was to fund Colleen’s lifetime income and taxes, with the family trust funding distributions to the four sons, and funding deficiencies left unresolved at William’s death.
Post-death litigation included substantial attorney-fee petitions, fiduciary commissions, and various post-trial orders regarding transfers, accounting, and enforcement actions, culminating in estate-closing orders in 2009.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Attorney-fee awards were proper.	Autry’s fees were beneficial to the estate and Colleen’s interests.	Fees lacked statutory/ testamentary authority and benefited non-estate interests.	Fees awarded; supported by Becht-like principles and estate-benefit.
Rule 60 motion to reduce Autry’s fees and disgorgement was proper.	Newly discovered fee agreement justified higher award; no fraud found.	Non-disclosure warrants reduction and disgorgement.	Rule 60 order affirmed; disgorgement upheld.
Rule 11 sanctions against Autry were proper.	Autry’s conduct could be sanction-worthy due to misleading fee-practice.	Sanctions not warranted; case highly contentious.	Sanctions denial affirmed.
Colleen’s Estate fiduciary compensation as coexecutor	Colleen’s services benefited the William estate; compensation appropriate.	Colleen’s alleged maladministration nullifies compensation.	Compensation awarded to Colleen’s estate; Gerald estopped from challenging.
Transfer of Elvis property from the family trust	Transfer was necessary to protect beneficiaries and finalize the estate.	Gerald, as interim trustee, had limited authority; transfer unwise.	Chancellor did not abuse discretion; transfer ordered with protections.

Lowrey v. Lowrey, 25 So. 3d 274 (Miss. 2009) (standards for reviewing chancellor findings and de novo review of legal conclusions)
Becht v. Miller, 273 N.W.2d 294 (Neb. 1937) (allowance of guardian/estate expenses to beneficial non-fiduciary stewards when services benefitted the estate)
In re Estate of Gillies, 830 So.2d 640 (Miss. 2002) (attorney-fee entitlement limits for nonstatutory award in estate disputes)
In re Estate of Thomas, 28 So.3d 627 (Miss. Ct. App. 2009) (benefits to estate can justify attorney-fee awards to beneficiaries when necessary)
Upchurch Plumbing, Inc. v. Greenwood Utils. Comm'n, 964 So.2d 1100 (Miss. 2007) (prejudgment-interest discretion and when it is appropriate)