COVID-19 UPDATE: We are open! Our team is working and offering consultations via phone, e-mail, and video conferencing.
(251) 299-0101

Subject Matter Jurisdiction - Suit Against Foreign Executor

Ex parte Nancy T. Beamon, [Ms. 1181060, June 26, 2020] __ So. 3d __ (Ala. 2020). The Court (Wise, J.; Parker, C.J., and Bolin, Shaw, Bryan, Mendheim, Stewart, and Mitchell, JJ., concur; Sellers, J., concurs in the result) issues a writ of mandamus directing the Washington Circuit Court to dismiss Bruce Arnott’s action against Beamon, as personal representative of the estate of Lois P. Arnott. Bruce alleged that as life tenant, Lois Arnott clear cut timber and failed to satisfy her timber regeneration obligations. Ms. **4-5. Lois Arnott died testate in Georgia in 2014 and Beamon was appointed executor of her estate in 2017 by the probate court of Lee County Georgia. Ms. *3.

Noting that no ancillary administration of Lois’s estate had been filed in Alabama, the Court holds “it is clear that Bruce’s claim is, in actuality, a claim against Lois’s estate and that he is actually suing Beamon in her capacity as the executor of Lois’s estate. However, Beamon, in her capacity as the executor of Lois’s estate, has no authority to defend a suit in Alabama because the letters testamentary appointing her were issued by the Georgia court. ... Therefore, the circuit court did not have subject-matter jurisdiction over claims against Beamon in her capacity as the executor of Lois’s estate.” Ms. **18-19.

Related Documents

Categories: