Shafer v. Estate of Shafer
2012 Ark. App. 177
| Ark. Ct. App. | 2012Background
- This is the third appeal in the probate of Robert O. Shafer, Sr., who died testate on May 26, 2007, leaving heirs Robert Shafer Jr., Karl Shafer, and Roberta Payne.
- Appellant Robert O. Shafer, Jr. challenges contempt findings, sanctions, and fee awards imposed on him related to estate administration.
- Family discord over estate assets led to the appointment of Hudgins as executor in June 2008.
- November 2008 hearing directed delivery of estate property to Hudgins and sale within about 60 days, with delivery deadlines to the executor.
- February–April 2009 sales and contempt proceedings resulted in a June 24, 2009 finding of contempt and an order to pay estate costs and fees; a 2011 fee petition and final fee judgment followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Shafer, Jr. was properly held in contempt. | Shafer challenges lack of definite terms and noncompliance. | Court order clearly required turnover of estate assets. | Civil contempt affirmed; order sufficiently definite and enforceable. |
| Whether estate and attorney fees were reasonable and authorized. | Fees were excessive, duplicative, not tied to value; statutory caps apply. | Courts may award fees based on factors and circumstances; guardian's services were necessary. | Fees reasonable; court did not abuse discretion. |
| Whether Roberta Payne’s travel expenses and other costs were reasonable. | Appellant disputes travel expenses and “thank you” gifts as improper. | Travel and related costs were warranted given proceedings and delays caused by Shafer. | Expenses reasonable; no abuse of discretion. |
| Whether the June 24, 2009 contempt findings and subsequent fee judgments were final and appealable. | Earlier orders were not final before appeal. | Final fee judgments followed, making the appeal proper. | Appeal timely; finality achieved through subsequent orders. |
Key Cases Cited
- Morris v. Cullipher, 306 Ark. 646, 816 S.W.2d 878 (1991) (Ark. 1991) (estate fee considerations and review standards)
- Nabers v. Estate of Setser, 310 Ark. 194, 833 S.W.2d 375 (1992) (Ark. 1992) (precedent on probate remedies and fees)
- Williams v. Hall, 250 S.W.3d 581 (Ark. 2007) (Ark. 2007) (appellate review of contempt and fee awards)
- Rollins v. Rollins, 224 S.W.3d 554 (Ark. 2005) (Ark. 2005) (fees and abuse of discretion guidance in family/state matters)
- Rice v. Seals, 377 S.W.3d 416 (Ark. Ct. App. 2010) (Ark. Ct. App. 2010) (contempt and fee award considerations in probate)