In the Estate of William B. Van Note, The Bar Plan Surety and Fidelity Company v. Susan E. Van Note
443 S.W.3d 32
| Mo. Ct. App. | 2014Background
- Van Note acted as personal representative of her father’s Missouri estate and received a Bar Plan surety bond for the estate.
- She distributed estate assets to herself, including real property, personal property, and cash, and later sold assets.
- Her powers as personal representative were suspended and she was removed, with Holdsworth appointed as administrator de bonis non.
- Petitions to return assets were filed by Holdsworth and The Bar Plan; May 1, 2013 order required return by June 3, 2013.
- At hearings, Van Note admitted owing about $272,613.01 but claimed a lien on the estate bonds and funds; the court found she had the present ability to comply and held her in contempt.
- The probate court ordered civil commitment until she purged contempt by returning the estate assets; a December 17, 2013 written commitment echoed the findings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether substantial evidence supports contempt and present ability to pay | Van Note argues insufficient evidence of present ability | The Bar Plan argues sufficient evidence and ability to pay | Yes, substantial evidence supports contempt and present ability |
| Whether the court properly found present ability to comply | Van Note claims no express finding of present ability | Court explicitly found ability to comply in order | Yes, present ability found and supported by record |
| Whether the commitment order lacked proper jurisdiction due to sub-case numbering | Van Note asserts lack of authority due to different sub-case numbers | Both sub-cases fall within the same probate estate case | No, jurisdiction proper; no prejudice shown |
Key Cases Cited
- Estate of Downs, 300 S.W.3d 242 (Mo. App. W.D. 2009) (contempt may be enforced to recover estate property held by an administrator)
- O’Dell v. Mefford, 211 S.W.3d 136 (Mo. App. W.D. 2007) (standard of review for probate contempt)
- Rutter v. Bugg (Estate of Downs), 300 S.W.3d 242 (Mo. App. W.D. 2009) (trial court may order turnover of property in contempt proceedings)
- Fritz v. Fritz (In re Marriage of Fritz), 243 S.W.3d 484 (Mo. App. E.D. 2007) (requirement to cite legal authority for appellate points)
- Lyons v. Sloop, 40 S.W.3d 1 (Mo. App. W.D. 2001) (child support contempt precedent cited and distinguished)