In re ESTATE OF Ardell Hamilton TRIGG.
Supreme Court of Tennessee, at Nashville.
May 30, 2012.
368 S.W.3d 483
Oct. 6, 2011 Session.
Robert E. Cooper, Jr., Attorney General and Reporter; William E. Young, Solicitor General; and L. Vincent Williams, Deputy Attorney General, for the appellee, Tennessee Bureau of TennCare.
OPINION
WILLIAM C. KOCH, JR., J., delivered the opinion of the Court, in which CORNELIA A. CLARK, C.J., JANICE M. HOLDER, GARY R. WADE, and SHARON G. LEE, JJ., joined.
In this case, we address the following two matters: (1) the proper procedure for obtaining appellate review of a judgment of a probate court created by private act upholding a claim filed by the Bureau of TennCare against the estate of a TennCare recipient and (2) the right of TennCare to obtain reimbursement for properly paid TennCare benefits from real property owned by the recipient at the time of her death. After the decedent‘s will was admitted to probate in the Putnam County Probate Court, TennCare filed a claim against her estate seeking reimbursement for services provided through the TennCare program. The decedent‘s personal representative filed an exception to this claim. After the probate court upheld TennCare‘s claim, the estate appealed to the Circuit Court for Putnam County. The circuit court determined that the decedent‘s real property was not subject to TennCare‘s claim, and TennCare appealed to the Court of Appeals. The Court of Appeals held that the circuit court lacked subject matter jurisdiction over the appeal from the probate court and that the appeal should have been filed with the Court of Appeals. Accordingly, it vacated the circuit court‘s judgment and affirmed the judgment of the probate court. In re Estate of Trigg, No. M2009-02107-COA-R3-CV, 2011 WL 497459, at *3 (Tenn.Ct.App. Feb. 9, 2011). We granted the estate‘s application for permission to appeal to determine whether the circuit court had subject matter jurisdiction over the estate‘s appeal from the probate court‘s order upholding TennCare‘s claim and whether real property owned by the recipient at the time of her death is subject to TennCare‘s claims. We have determined that the circuit court lacked jurisdiction over the estate‘s appeal from the probate court‘s judgment regarding TennCare‘s disputed claim and that the real property owned by the decedent at the time of her death is subject to TennCare‘s claims for reimbursement.
I.
Ardell Hamilton Trigg passed away on August 5, 2006. She left behind a small estate consisting of some personal property and a house. Her will, leaving her real property to Susan and Mark Shaw, was filed for probate in the Putnam County Probate Court on October 26, 2006. The probate court named Ms. Shaw as the personal representative of Ms. Trigg‘s estate.
Ms. Shaw placed a notice to creditors of the estate in the Cookeville Herald-Citizen on November 10, 2006. On May 23, 2007, the Bureau of TennCare (“TennCare“) filed a claim against the estate seeking to recover $22,319.09 for nursing home and long-term care services provided to Ms. Trigg between 2002 and 2006. Ms. Shaw filed exceptions to TennCare‘s claim. Following a June 18, 2008 hearing, the probate court filed an order on June 22, 2008, overruling the estate‘s exception to the claim. Ms. Shaw, on behalf of Ms. Trigg‘s estate, appealed the probate
As far as this record shows, the only portions of the probate court‘s record that were filed in the circuit court were TennCare‘s claim, the estate‘s exception to the claim, and the probate court‘s order. Neither party preserved a record of the proceedings before the probate court. Following a hearing on August 21, 2009, the circuit court filed an order on August 31, 2009, upholding the estate‘s exception to TennCare‘s claim against the real property that Ms. Trigg owned when she died. The circuit court reasoned that the real property was not part of Ms. Trigg‘s estate because it passed under her will to her beneficiaries at the time of her death. Accordingly, the circuit court remanded the case to the probate court to determine whether the estate contained any other assets that could be used to satisfy TennCare‘s claim.
TennCare appealed the circuit court‘s decision to the Court of Appeals.1 TennCare asserted in its brief, for the first time, that the circuit court lacked jurisdiction over the appeal from the probate court.2 TennCare also asserted that the circuit court had made factual determinations even though neither party had submitted evidence and that Tennessee law permits using a decedent‘s real property to satisfy claims against an estate. Ms. Trigg‘s estate responded that the circuit court had jurisdiction to hear its appeal from the probate court and that federal law did not permit the sale of assets that were not part of the “probate estate” to satisfy TennCare‘s claims because Tennessee had not adopted the “broader definition” of “estate,” as permitted by federal law.
In an opinion handed down on February 9, 2011, the Court of Appeals concluded that the circuit court lacked jurisdiction over the estate‘s appeal from the probate court. In re Estate of Trigg, No. M2009-02107-COA-R3-CV, 2011 WL 497459, at *3 (Tenn.Ct.App. Feb. 9, 2011). Accordingly, the Court of Appeals, without reaching the merits, vacated the circuit court‘s judgment, affirmed the probate court‘s judgment, and remanded the case to the probate court for further proceedings. In re Estate of Trigg, 2011 WL 497459, at *3.
Ms. Trigg‘s estate filed a
We turn first to the circuit court‘s subject matter jurisdiction over the estate‘s appeal from the probate court‘s judgment. The estate asserts that
A.
Subject matter jurisdiction relates to a court‘s authority to adjudicate a particular type of case or controversy brought before it. Osborn v. Marr, 127 S.W.3d 737, 739 (Tenn.2004); Northland Ins. Co. v. State, 33 S.W.3d 727, 729 (Tenn.2000). A court derives subject matter jurisdiction, either explicitly or by necessary implication, from the Constitution of Tennessee or from a statute enacted by the Tennessee General Assembly or Congress. Osborn v. Marr, 127 S.W.3d at 739; Meighan v. U.S. Sprint Commc‘ns Co., 924 S.W.2d 632, 639 (Tenn.1996); Walker v. White, 89 S.W.3d 573, 577 (Tenn.Ct.App. 2002). The parties cannot confer subject matter jurisdiction on a trial or appellate court by appearance, plea, consent, silence, or waiver. Caton v. Pic-Walsh Freight Co., 211 Tenn. 334, 338, 364 S.W.2d 931, 933 (1963); Brown v. Brown, 198 Tenn. 600, 619, 281 S.W.2d 492, 501 (1955).
Because the orders and judgments entered by courts without jurisdiction over the subject matter of a dispute are void, Brown v. Brown, 198 Tenn. at 610, 281 S.W.2d at 497, issues regarding a court‘s subject matter jurisdiction should be considered as a threshold inquiry, Redwing v. Catholic Bishop for the Diocese of Memphis, 363 S.W.3d 436, 445 (Tenn. 2012), and should be resolved at the earliest possible opportunity. When a court‘s subject matter jurisdiction over a particular claim is challenged, the claimant must demonstrate that the court has the jurisdiction to adjudicate its claim. Redwing v. Catholic Bishop for the Diocese of Memphis, 363 S.W.3d at 445.
Determining whether subject matter jurisdiction exists in a particular case requires the courts to examine (1) the nature or gravamen of the cause of action, (2) the nature of the relief being sought, and (3) the constitutional or statutory provisions relied upon by the plaintiff. See Northland Ins. Co. v. State, 33 S.W.3d at 729; Landers v. Jones, 872 S.W.2d 674, 675 (Tenn.1994). All these matters involve questions of law. Therefore, determinations regarding a court‘s subject matter jurisdiction are questions of law which will be reviewed de novo without a presumption of correctness. Northland Ins. Co. v. State, 33 S.W.3d at 729; Benson v. Herbst, 240 S.W.3d 235, 239 (Tenn.Ct.App.2007).
The jurisdictional dispute in this case arises from the parties’ respective reliance on seemingly conflicting statutes that appear to vest subject matter jurisdiction over appeals from probate court judgments in different courts. Accordingly, we are required to construe these statutes to determine where jurisdiction for an appeal from a decision of the Putnam County Probate Court relating to a disputed claim against an estate lies. The construction of
When we are called upon to construe statutes, we must first ascertain their purpose and then we must give this purpose the fullest possible effect without expanding the application of the statute beyond its intended scope. Carter v. Bell, 279 S.W.3d 560, 564 (Tenn.2009); Walker v. Sunrise Pontiac-GMC Truck, Inc., 249 S.W.3d 301, 309 (Tenn.2008). The text of the statute is of primary importance to this endeavor. Mills v. Fulmarque, Inc., 360 S.W.3d 362, 368 (Tenn.2012). We must (1) give these words their natural and ordinary meaning, (2) consider them in the context of the entire statute, and (3) presume that the General Assembly intended to give each of these words its full effect. Knox Cnty. ex rel. Envtl. Termite & Pest Control, Inc. v. Arrow Exterminators, Inc., 350 S.W.3d 511, 524 (Tenn.2011).
B.
The seeds of the jurisdictional confusion surrounding probate proceedings in Tennessee courts and their appeals were sown centuries ago in England. Our probate courts trace their lineage to the English courts of the seventeenth and eighteenth centuries when three courts exercised jurisdiction over matters relating to the probate and the administration of decedents’ estates. Each of these courts had limited jurisdiction. Thus, a decedent‘s creditors, heirs, legatees, and others claiming an interest in the decedent‘s property were required to select the correct court depending on the nature of the property interest they were claiming and on the relief they sought.
The Court of King‘s Bench and the Court of Common Pleas could provide the relief available at common law with regard to the decedent‘s real and personal property. The High Court of Chancery could provide equitable relief with regard to the decedent‘s real and personal property if the relief available at common law was not adequate. These three royal courts were the only courts with jurisdiction over claims involving real property.3 In addition to these three royal courts, persons claiming an interest in a decedent‘s personal property could seek relief from the ecclesiastical courts of the Church of England. These ecclesiastical courts could grant relief under canon law rather than the legal or equitable relief provided by the royal courts.4 The complexity of this system was frequently criticized; however, efforts to reform it were generally unsuccessful until the mid-nineteenth century.5
The American colonies replicated the English model to a certain extent. Some colonies, particularly those in New England, created a single court with broad jurisdiction over the probate of wills and the administration of estates.6 Other colonies duplicated the English system by creating common-law, equity, and ecclesiastical courts.7 Following the American
Before Tennessee became a state, the State of North Carolina created county courts called the Court of Pleas and Quarter Sessions that had two functions—serving as the governing body of the county and acting as a judicial tribunal with limited civil and criminal jurisdiction.9 Under statutes enacted by the North Carolina legislature in 1777 and 1794, these county courts exercised jurisdiction, among other things, over the probate of wills, the grant of letters testamentary, contests between different claimants to the estate, inventories, accounts and settlements, and suits for legacies and distributive shares.10 County court decisions in probate matters were appealed to the superior court. Cf. Woolard‘s Ex‘rs v. Woolard, 30 N.C. (8 Ired.) 322, 322 (1848); Hodges v. Jasper, 12 N.C. (1 Dev.) 459, 460 (1828).
When Tennessee drafted its constitution and became a state in 1796, it inherited the “legal and political institutions” created by North Carolina, except to the extent that these institutions conflicted with the new Constitution of Tennessee.11 Among the surviving institutions were the county courts. Pope v. Phifer, 50 Tenn. (3 Heisk.) 682, 684-86 (1871), overruled on other grounds by Prescott v. Duncan, 126 Tenn. 106, 148 S.W. 229, 237-38 (1912). As a result, Tennessee retained a probate system that was essentially the same as North Carolina‘s. Burrow v. Ragland, 25 Tenn. (6 Hum.) 481, 486 (1846); Nelson‘s Lessee v. Griffin, 10 Tenn. (2 Yer.) 624, 629-31 (1829). Appeals from a county court‘s decisions in probate matters were to the circuit court, Tennessee‘s counterpart to North Carolina‘s superior court. 2 Jack W. Robinson, Sr., et al., Pritchard on the Law of Wills and Administration of Estates § 573 (6th ed. 2007) (“Pritchard 6th“).
The Tennessee Constitution of 1834 left the establishment of inferior courts to the General Assembly and provided for establishing courts to be held by justices of the peace.
Tennessee‘s probate system remained relatively unchanged for over one hundred years. In 1939, the General Assembly modified the probate laws in an effort “to afford a simple, inexpensive, and expeditious remedy for [the] administration of estates of decedents.” Cooper‘s Estate v. Keathley, 27 Tenn.App. 7, 15, 177 S.W.2d 356, 359 (1943); see also Bowling v. Minton, 193 Tenn. 141, 145, 244 S.W.2d 998, 1000 (1951) (stating that the purpose of the 1939 Act “was to expedite the settling up of estates“). This legislation (1) required the decedent‘s personal representative to provide public notice of the probate proceeding in order to enable creditors to file
Under the 1939 legislation, all issues relating to claims against an estate or exceptions to these claims were tried by the county court. Neither the claimant nor the estate was entitled to a jury trial; however, dissatisfied parties could obtain a jury trial by appeal to the circuit court. See Commerce Union Bank v. Gillespie, 178 Tenn. 179, 187, 156 S.W.2d 425, 428 (1940).
Shortly after the 1939 legislation became effective, Commerce Union Bank filed a declaratory judgment action seeking instructions regarding the establishment of a trust created in the will of J.W. Gillepsie. Commerce Union Bank v. Gillespie, 178 Tenn. at 185, 156 S.W.2d at 427. Despite concerns that the questions raised by the bank were not justiciable,15 this Court held initially that the trial court had correctly construed the statute to mean that the “appropriate court” was the circuit court. Commerce Union Bank v. Gillespie, 178 Tenn. at 196, 156 S.W.2d at 431. However, in response to a petition for rehearing, the Court reversed field and held that appeals from a county court‘s judgment regarding a claim against a decedent‘s estate should be “direct to the Court of Appeals or Supreme Court, as the case may be.”16 Commerce Union Bank v. Gillespie, 178 Tenn. at 196, 156 S.W.2d at 431.
Three years later, this Court revisited the question of the court to which a county court‘s judgment regarding a claim against a decedent‘s estate should be appealed. After candidly acknowledging that the decision in Commerce Union Bank v. Gillespie had “failed to deal more clearly” with the question, this Court squarely held that appeals in these cases were properly taken to the circuit court, while appeals from judgments ordering the sale of a decedent‘s real property to pay the estate‘s debts were properly filed in either the Court of Appeals or the Supreme Court depending on the nature of the proceeding
In 1947, the General Assembly again prescribed different procedures for the disposition of claims against an estate. When a claimant or person excepting to a claim requested a jury trial, the county court was required to certify the case to the circuit court for disposition.17 Like other judgments of the circuit court, the circuit court‘s disposition of a claim against a decedent‘s estate was immediately appealable to the Court of Appeals or the Supreme Court depending on the nature of the proceeding.18 If neither the claimant nor the person filing the exception requested a jury trial, the county court adjudicated the claim.19 The county court‘s judgments were appealed to “the Court of Appeals or the Supreme Court, as the case may be.”20 This is the statute—
The 1978 ratification of amendments to the Constitution of Tennessee brought about additional significant changes in probate practice in Tennessee. By the mid-1970s, the judicial powers of the county judge had been eroded by the establishment of general sessions courts, and the county judge was serving essentially as “mayor of the county.”21 Accordingly, the amendments to Article VII, Section 1 effectively eliminated the office of county judge and replaced it with a county executive.22 The amended constitution did not vest any judicial powers in the county executive. Waters v. State ex rel. Schmutzer, 583 S.W.2d 756, 759-60 (Tenn.1979).
In 1978, the General Assembly undertook to vest the newly created county executives with the judicial powers formerly held by the county judges.23 One year later, however, this Court found this legislation unconstitutional in a case involving a juvenile court judge, because the legislation conflicted with the constitutional age requirements for juvenile court judges and with the constitutionally prescribed length of their term of office. Waters v. State ex rel. Schmutzer, 583 S.W.2d at 760. In so finding, this Court noted that the same constitutional requirements applied to the
In 1980, the Tennessee General Assembly vested the chancery courts with “all jurisdiction relating to the probate of wills and the administration of estates.”24 However, the General Assembly exempted from this general grant of probate jurisdiction all counties in which the jurisdiction over probate matters had already been assigned by “public, private, special or local acts.”25 Putnam County is among the counties that have not vested probate jurisdiction in the chancery court. The 1980 legislation also provided that appeals from the judgments of chancery courts exercising probate jurisdiction were to be filed in the Court of Appeals.26
The 1980 legislation did not explicitly address the manner in which the judgments of probate courts excluded under
When the court having probate jurisdiction finally settles an account, any persons adversely affected by the settlement may appeal from the judgment to the Court of Appeals or the Supreme Court, as the case may be, unless the legislation establishing the probate court provides the appeal will be to a trial court of general jurisdiction, in which case the judge of the trial court will hear the matter de novo.
Applying the current version of
The procedure for appeals from courts exercising probate jurisdiction in the third-tier counties resembles the appellate process Tennessee inherited from North Carolina. This tier includes counties with a population of less than 500,000 according to the 2000 federal census or any subsequent federal census and in which the probate judge ”is not the circuit court judge or chancellor of the judicial district.”
C.
Ms. Trigg‘s estate asserts that
We must construe the statutes relating to appeals in probate proceedings in light of other statutes that involve the same subject matter or that share a common purpose. SNPCO, Inc. v. City of Jefferson City, 363 S.W.3d 467, 475 (Tenn. 2012). In doing so, we should, whenever possible, avoid interpreting related statutes in a way that places them in conflict with each other. Graham v. Caples, 325 S.W.3d 578, 582 (Tenn.2010); Sharp v. Richardson, 937 S.W.2d 846, 849 (Tenn. 1996) (quoting Cronin v. Howe, 906 S.W.2d 910, 912 (Tenn.1995)).
Viewed in the context of a probate proceeding,
The probate of a decedent‘s will and the administration of a decedent‘s estate are among the most complex areas of the law. See 18 Secor § 1:1, at 1. The probate proceeding provides the vehicle for identifying and collecting the decedent‘s property, paying the debts of the decedent and the estate in an orderly way, and distributing the remainder of the estate to those entitled to share in the estate either under the decedent‘s will or according to the laws of descent and distribution. Lillard v. Tolliver, 154 Tenn. 304, 312, 285 S.W. 576, 578 (1926) (superseded by statute as recognized in In re Estate of Barnhill, 62 S.W.3d 139, 142-43 (Tenn.2001)).
A probate proceeding is not an action between the parties, but rather an in rem action that focuses on the decedent‘s estate. Petty v. Call, 599 S.W.2d 791, 793 (Tenn.1980) (quoting Hodges v. Bauchman, 16 Tenn. (8 Yer.) 186, 187 (1835)); Fransioli v. Podesta, 175 Tenn. 340, 347, 134 S.W.2d 162, 165 (1939). Commencing a probate proceeding gives interested parties the opportunity to contest the validity of the will offered for probate36 or to seek judicial construction of portions of a will that are ambiguous or uncertain.37 Apart from providing an occasion to question the validity or meaning of the will, the proceeding enables the deceased‘s personal representative to, among other things, (1) notify the decedent‘s beneficiaries that the will has been filed for probate;38 (2) collect and inventory the decedent‘s assets;39 (3) resolve the claims submitted by the creditors of the decedent and the estate;40 (4) manage the
An integral part of the proceeding in probate court involves the resolution of claims against the estate. These claims may be filed in the probate proceeding itself,44 or they may be filed against the personal representative in another court.45 The personal representative may file an exception to a claim,46 and disputes involving claims may be resolved in a separate trial with or without a jury.
Once the personal representative has completed the administration of the estate by identifying and inventorying all the decedent‘s assets, paying all claims or making arrangements for disputed claims, and providing for the expenses of administration and taxes, the personal representative may file a report of the final settlement of the estate and may request that the probate proceedings be closed.47 The report must be served on all interested parties,48 and parties desiring to file exceptions to the personal representative‘s final accounting or report of final settlement may do so.49 After the probate court resolves any exceptions to the personal representative‘s final accounting or settlement of the estate, any dissatisfied party may appeal to the Court of Appeals or to the appropriate trial court of general jurisdiction, depending on the size of the county and the judge exercising probate jurisdiction in the county.50
This case is an appeal from a decision of the Putnam County Probate Court, sitting without a jury, involving TennCare‘s claim against Ms. Trigg‘s estate. The estate filed an exception to the claim, and the probate court resolved it pursuant to its authority under
Because the circuit court lacked subject matter jurisdiction under
In a similar circumstance, a party holding papers belonging to a decedent‘s estate appealed an adverse decision by the Probate Division of the Madison County General Sessions Court to the Circuit Court for Madison County. In re Estate of Williams, Madison Law No. 1, 1985 Tenn. App. LEXIS 2889, at *1 (Tenn.Ct.App. May 23, 1985). The circuit court determined that the appeal should have been filed with the Court of Appeals and dismissed the appeal for lack of subject matter jurisdiction. In re Estate of Williams, 1985 Tenn.App. LEXIS 2889, at *1. The Court of Appeals affirmed. In re Estate of Williams, 1985 Tenn.App. LEXIS 2889, at *13.
Even though this Court agreed that the appeal should have been taken to the Court of Appeals rather than to the circuit court, we held in a per curiam order that “it was error simply to dismiss the appeal taken by mistake to the circuit court.” In re Estate of Williams, Madison Law (Tenn., per curiam order filed Nov. 18, 1985). Citing
Consistent with our 1985 order in In re Estate of Williams, the Court of Appeals should have vacated the circuit court‘s judgment and remanded the case to the circuit court with directions to transfer the case to the Court of Appeals in accordance with
In light of the procedural history of this case, we see nothing to be gained by remanding the case to the Court of Appeals for consideration of the issues on their merits. The parties have already briefed these issues in this Court and have presented oral arguments to the Court. The interests of the parties and judicial economy favor a just, speedy, and less costly resolution on the merits of the dispute regarding TennCare‘s claim against Ms. Trigg‘s estate.
III.
Ms. Trigg‘s estate argues that the probate court erred by upholding TennCare‘s claim and by permitting TennCare to seek reimbursement for the services it provided Ms. Trigg from the real property she owned at the time of her death. The estate insists that TennCare cannot reach Ms. Trigg‘s real property because the Tennessee General Assembly has not enacted the expanded definition of “estate” as permitted by
A.
Title XIX of the Social Security Act of 1965 established the Medicaid program, a joint federal-state program to provide medical services to low-income persons sixty-five years of age or older, blind persons, disabled persons, and others unable to afford these services. See Harris v. McRae, 448 U.S. 297, 301, 100 S.Ct. 2671, 65 L.Ed.2d 784 (1980); In re Estate of Tanner, 295 S.W.3d 610, 614 (Tenn.2009). The program is jointly funded by the federal government and the states, and each state operates its own program in accordance with federal requirements. Bell ex rel. Bell v. Tennessee Dep‘t of Human Servs., No. M2004-00526-COA-R3-CV, 2006 WL 74143, at *2 (Tenn.Ct.App. Jan. 12, 2006) (No Tenn. R.App. P. 11 application filed).
Tennessee began participating in the Medicaid program when the Tennessee General Assembly enacted the Medical Assistance Act of 1968.53 In order to control costs, this Act authorized the State to recover from the estates of deceased Medicaid recipients who were sixty-five years or older at the time they received Medicaid benefits.54 See In re Estate of Tanner, 295 S.W.3d at 614.55
Over time, the cost of the Medicaid program to the federal government and the states increased dramatically. See James F. Blumstein & Frank A. Sloane, Health Care Reform Through Medicaid Managed Care: Tennessee (TennCare) as a Case Study and a Paradigm, 53 Vand. L.Rev. 125, 140 (2000). Responding to these increases, Congress included a provision in the Omnibus Budget Reconciliation Act of 1993 requiring the states to recover the cost of Medicaid benefits from the estates of certain Medicaid recipients. Omnibus Budget Reconciliation Act of 1993, Pub.L. No. 103-66, § 13612(a), 107 Stat. 312, 627-28; see In re Estate of Tanner, 295 S.W.3d at 614-15.
In an effort to control costs and to use Medicaid funds more efficiently, Tennessee created the TennCare program and obtained permission from the Federal Healthcare Financing Administration to begin operating the program on January 1, 1994. See State ex rel. Pope v. Xantus Healthplan of Tenn., Inc., No. M2000-
The Tennessee General Assembly enacted the TennCare Reform Act in 2002.56 In this Act, the General Assembly pointedly stated that “[i]t is the legislative intent of this subsection that the bureau of TennCare strive vigorously to recoup any TennCare funds expended for a decedent after the date of death.”57 In 2006, the General Assembly again amended the TennCare statutes to facilitate and strengthen TennCare‘s ability to recover the cost of the care it provided from decedents’ estates.58
B.
We assume for the purposes of this appeal that TennCare had the statutory authority to recover the payments it made for Ms. Trigg‘s medical care during her life.59 Both federal and state law limit TennCare‘s ability to recover from the assets in Ms. Trigg‘s “estate.” See
Fortunately, Congress has now provided some guidance to the courts by defining “estate” for purposes of recovering payments under the Medicaid program.60
[f]or purposes of this subsection, the term “estate“, with respect to a deceased individual—
(A) shall include all real and personal property and other assets included within the individual‘s estate, as defined for purposes of State probate law; and
(B) may include, at the option of the State (and shall include, in the case of an
individual to whom paragraph (1)(C)(i) applies), any other real and personal property and other assets in which the individual had any legal title or interest at the time of death (to the extent of such interest), including such assets conveyed to a survivor, heir, or assign of the deceased individual through joint tenancy, tenancy in common, survivorship, life estate, living trust, or other arrangement.
The parties have joined issue on the meaning of “estate” under Tennessee‘s probate law. Believing that Ms. Trigg‘s real property was not part of the probate proceeding, Ms. Trigg‘s estate insists that the “estate” consists only of her personal property. For its part, TennCare asserts that both Congress and the Tennessee General Assembly intended the term “estate” to be “very expansive and include[] all real and personal property in which the individual benefit recipient had a legal title or interest.”
The word “estate” is a very comprehensive term in the context of wills and probate proceedings. See Belshe v. Hope, 33 Cal.App.4th 161, 38 Cal.Rptr.2d 917, 925 (1995). Both the United States Supreme Court and this Court, characterizing the word as “genus generalissimum,”61 have found that it includes both real and personal property. Lambert‘s Lessee v. Paine, 7 U.S. (3 Cranch) 97, 110, 134, 2 L.Ed. 377 (1805); Sharp v. Cincinnati, N. O. & T. P. Ry., 133 Tenn. 1, 8, 179 S.W. 375, 377 (1915). It is so well-understood that the Supreme Court of Virginia has noted that “[t]he wayfaring man who was told that one‘s estate amounted to a certain sum would have little hesitancy in determining in his own mind what was meant.” Neblett v. Smith, 142 Va. 840, 128 S.E. 247, 250 (1925).
The word “estate” is now “broadly used [in Tennessee] to include both realty and personalty.” Haskins v. McCampbell, 189 Tenn. 482, 488, 226 S.W.2d 88, 91 (1949). Thus, when the word appears in a will, without limitations or qualifications, Tennessee‘s courts construe it to include “every description of property,” Nashville Trust Co. v. Grimes, 179 Tenn. 567, 572, 167 S.W.2d 994, 996 (1943); see also Gourley v. Thompson, 34 Tenn. (2 Sneed) 387, 393 (1854), that is descendible, Taul v. Campbell, 15 Tenn. (7 Yer.) 319, 324 (1835).
In Tennessee, title to real property owned by a testate decedent at the time of death vests immediately in the devisees named in the will unless the will specifically directs that the property be part of the estate under the control of the executor.
Tennessee recognizes the distinction between interests in real property that pass “by right of survivorship” and those that pass by “devise or descent.” Real property jointly owned by a decedent with others with a right of survivorship and real property owned by the entirety
In light of the broad and common understanding of the word “estate,” we have determined that “estate,” for the purpose of
The record in this case, such as it is, reflects that Ms. Trigg owned real property at the time of her death and that she left this property in her will to Susan and Mark Shaw. The Shaws did not assert any sort of joint survivorship interest in the property. Therefore, on the face of the record, the real property owned by Ms. Trigg at the time of her death is not beyond the reach of the probate court to be used for the payment of her debts, including the debt to TennCare, if her personal property was not sufficient to do so. Accordingly, at least as far as this record shows, the probate court correctly concluded that Ms. Trigg‘s real property was subject to TennCare‘s claim for reimbursement.
IV.
In summary, we find that the Court of Appeals reached the correct result when it affirmed the judgment of the Putnam County Probate Court.63 Accordingly, we remand this case to the probate court for further proceedings consistent with this opinion. We tax the costs of this appeal in equal proportions to the estate of
Notes
In all counties where not otherwise specifically provided by public, private, special or local acts, all jurisdiction relating to the probate of wills and the administration of estates of every nature, including the estates of decedents and of wards under guardianships or conservatorships and related matters previously vested in the county court, the county judge or county chair, is vested in the chancery court of the respective counties.
Except in any county having a population of five hundred thousand (500,000) or more according to the 2000 census or any subsequent federal census, the appeal of any decision, ruling, order, or judgment of a probate court that is served by a judge who is not the circuit court judge or chancellor of the judicial circuit in which the matter arose shall be to the appropriate trial court of general jurisdiction in which case the trial judge shall hear the matter de novo.
A judgment upon the findings of the court shall be entered in the court and from the judgment an appeal may be perfected within thirty (30) days from the date of entry of the judgment, to the court of appeals or the supreme court, as the case may be. The procedure on appeal shall be governed by the Tennessee Rules of Appellate Procedure.
All cases within the jurisdiction conferred on the court of appeals shall, for purposes of review, be taken directly to the court of appeals in the division within which the case arose, the eastern division to include Hamilton County and the western division to include Shelby County. As to all other cases, the exclusive right of removal and review is in the supreme court. Any case removed by mistake to the wrong court shall by that court be transferred to the court having jurisdiction of the case, direct.