Myron Bass v. Tom Leatherwood
2015 U.S. App. LEXIS 9314
6th Cir.2015Background
- Mobley and Reed filed pro se complaints on behalf of their estates (the Karen Mobley Gunn Estate and the Lawrence Everett Reed Estate).
- Alleged scheme involved fraudulent transfers of real property in Shelby County, Tennessee, and purported improper procedures for selling encumbered properties.
- District court dismissed the action, ruling nonattorneys cannot represent an artificial entity like an estate when beneficiaries exist other than the litigant.
- Appellants signed the notice of appeal as the “Authorized Representative” of the estates, raising jurisdictional concerns under 28 U.S.C. § 1654.
- This court analyzed whether § 1654 permits pro se representation for estates when the administrator/sole beneficiary has no creditors.
- Court holds that a sole beneficiary may represent the estate pro se, overturning the district court’s basis for dismissal and denying the appellees’ motion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether sole beneficiary may appear pro se for an estate | Mobley/Reed are sole beneficiaries; estates have no creditors. | Nonattorneys cannot represent an estate or other artificial entity. | Yes; sole beneficiary may represent the estate pro se. |
| Whether § 1654 permits pro se representation for estates | § 1654 allows parties to plead personally or with counsel, enabling estate representation by beneficiary. | Prior cases bar nonattorney representation for estates. | § 1654 permits pro se representation for estates with sole beneficiaries and no creditors. |
Key Cases Cited
- Pridgen v. Andresen, 113 F.3d 391 (2d Cir. 1997) (pro se representation barred where others have interests; estate with others cannot be represented)
- Shepherd v. Wellman, 313 F.3d 963 (6th Cir. 2002) (pro se representation barred where interests other than litigant’s are at stake)
- Guest v. Hansen, 603 F.3d 15 (2d Cir. 2010) (administrator/sole beneficiary may appear pro se for estate with no creditors)
- Zanecki v. Health Alliance Plan of Detroit, 576 F. App’x 594 (6th Cir. 2014) (pro se representation permitted when only party affected is the administrator/beneficiary)
- Osborn v. Bank of U.S., 22 U.S. (9 Wheat.) 738 (1824) (corporation appearance by attorney; relevance to nonapplication to estates discussed)
- Myers v. Loudoun Cnty. Pub. Sch., 418 F.3d 395 (4th Cir. 2005) (discussion of safeguards against lay representation)