Kelly v. Estate of Kenneth Edwards, Sr., Deceased, No. 08-1234.
Under Arkansas law, a person cannot serve as administrator of an estate if he or she is a convicted felon. In August 1996, plaintiff pled guilty to two felonies (theft of property and forgery). After his father died, plaintiff was appointed administrator of his father’s estate by a probate court in 2003. Plaintiff then brought a medical negligence case against Dr. Thomas Kelly and Cooper Clinic, P.A., in 2004 related to his father’s care and death.
After learning that plaintiff was a convicted felon, defendants sought to intervene in the probate estate case. The probate court refused, noting that defendants’ motion was untimely. On appeal, the Arkansas Supreme Court stated that timeliness should be determined based on the following factors: (1) how far the proceedings have progressed, (2) whether any other parties have been prejudiced by the delay, and (3) the reason for the delay. The court focused on the fact that the estate would be prejudiced by allowing defendants to intervene in the probate estate and affirmed the probate court’s decision.
Essentially, under these circumstances, no one can contest that a felon is acting as administrator of an estate? Does that seem right?
