|
|
Published August 27, 2008 09:46 pm - CARTHAGE, Mo. — Questions concerning money that the Jasper County public administrator spent out of the estate of Emma France can’t be decided by Probate Judge David Mouton, he said Wednesday, because he already has issued a ruling that reversed orders making France a ward of the county.
Money questions remain for former county ward
By Susan Redden
sredden@joplinglobe.com
CARTHAGE, Mo. — Questions concerning money that the Jasper County public administrator spent out of the estate of Emma France can’t be decided by Probate Judge David Mouton, he said Wednesday, because he already has issued a ruling that reversed orders making France a ward of the county.
France, 95, of Carthage, and her attorney, R. Lynn Myers, appeared in probate court to argue that Rita Hunter, the public administrator, had no right to spend any money from France’s estate because actions that made her a county ward were unlawful.
In a brief hearing, Mouton noted that he had set aside orders making France a ward of Hunter’s office because, among other issues, France’s daughter or other relatives were not named in the court petition or notified before the hearing in May 2007.
Mouton said that since he ruled June 2, 2008, in France’s favor setting aside the guardianship, there is no longer an estate on which he can hear arguments. The estate is created as a condition of the guardianship
“Letters (of guardianship) should not have been issued, based on facts that were not provided at the prior hearing,” Mouton said.
In a written order after the trial, Mouton dismissed the action, observing that the court can appoint a guardian only “in accordance with the procedures set forth in the statutes, and if there has not been compliance with the statutes, the entire proceeding is void.”
France was accompanied to the hearing by Dolores Forste, her daughter, who was arrested and jailed on a kidnapping charge after she took her mother home with her to California last year.
After the hearing, Myers said he agreed with Mouton’s decision. He said he now will approach the bonding company that underwrites Hunter as public administrator and will seek the return of money spent from France’s account when she was under the county’s jurisdiction.
Matthew Miller, the Springfield attorney representing Hunter at the session, said he believed the court could hear arguments concerning the estate because Mouton, in setting aside France’s guardianship, ordered the public administrator to file with the court a settlement to surrender France’s funds.
“Someone needs to hear the circumstances of the payments,” Miller said.
Miller said France received the benefit of some of the money that was spent, such as rent paid on her apartment in which her belongings were stored after France left Carthage to live in California.
The proposed settlement filed by Hunter’s office shows that France’s income while she was a county ward totaled $4,563.88, primarily from Social Security. Expenditures were listed at $4,239.19, including eight months’ rent on France’s apartment, plus cable television, water and electric bills.
Charges also include a $720 payment to John Podleski, attorney for the public administrator, and $50 to Charlene Kelley, a worker in the public administrator’s office, for preparing France’s taxes for two years. Podleski was not at Wednesday’s hearing but submitted an affidavit pointing out that the payment was authorized by the court.
•
Click to discuss this story with other readers on our forums.
|
|
Announcements



: Special Offer For New Subscribers
:


 |
|
TRUCK DRIVERS NEEDED
for local construction project, must have CDL and experience on construction site belly dumps. 417-206-0930....>MORE
See all ads |
|
2005 FORD FOCUS
4 cylinder, 5 speed, 134,000 miles, $3495. 417-434-0925...>MORE
HONDA 2001 CIVIC EX
HONDA, 2001 Civic EX, 4 door, automatic, 94,000 miles, $5800; 1998 Accord, 4 door, $4200; 1999 Honda Prelude, automatic...>MORE
1993 CHEVROLET LONG BED
runs good, 4.3 V6, new transmission, needs body parts, $400. (417)438-2508...>MORE
1999 FORD EXPLORER LIMITED
4x4, leather loaded, $3500. 417-850-0731....>MORE
2002 KIA OPTIMA EX
4 door, sharp, loaded, leather, CD, sunroof, extra nice, $3200. 1317 Schifferdecker, Joplin....>MORE
TOYOTA 2004 TACOMA PRERUNNER
Toyota, 2004 Tacoma Prerunner, TRD off road, double cab, V6, new tires, CD, bed liner, lid cover, 100,000 miles, excelle...>MORE
1999 PONTIAC GRAND AM
2 door, spoiler, sharp, loaded, automatic, air, CD, extra nice, $2600. 1317 Schifferdecker, Joplin....>MORE
1997 OLDSMOBILE 88
runs good, $1900. 417-850-0731....>MORE
FORD, 1997 F150
V8, automatic, extended cab, high miles, $2600. (417)214-0145....>MORE
2003 DODGE CARAVAN SPORT
loaded, 1 owner, 94,000 miles, nice. (417)385-7755...>MORE
See all ads |
|
525 E. 41ST, JOPLIN, MO
to be sold at auction December 5th or before. Lovely all red brick home on large corner. 4 bedroom, 2 bath, double...>MORE
3 ACRES
3 ACRES more/less with pond. Nice park-like setting, just minutes from Range Line. Close to area of newer homes. $19,900...>MORE
NEWER 3 BR/2 BA
Lots of upgrades and great location. $149,000 but all offers considered. 903 Katlin, Carl Junction. Pictures www.fsboloc...>MORE
Deerfield Estates
in Carl Junction, prime building sites, reduced $10,000 each. 417-825-0052...>MORE
See all ads |
|
I WANT TO BUY
6’ t-post, 5’ wire. Call for details. (417)396-1339...>MORE
GREAT CHRISTMAS GIFT!
1000 thread 100% Egyptian cotton bed sheets, all sizes, 10 colors, $35/set. (417)782-6639....>MORE
POODLE, FULL BLOODED
POODLE, full blooded, $75 or best offer. (417)385-8710 after 4:30 p.m....>MORE
YORKIES
12 weeks old, 2 males, AKC, 1st shots, $175. 417-291-6590, Webb City...>MORE
5TH WHEEL
5TH WHEEL, 2004 Prowler Regal, 26’, 2 slides, loaded, nice. (620)674-2127....>MORE
ANGUS HEIFERS
6 Augus heifers, good foundation stock. (417)358-7519...>MORE
DIAMOND SOLITAIRE
Pear-shaped, one carat, diamond solitaire in gold setting. $2,000. Please call 417-825-3238...>MORE
(2) TEACUP CHIHUAHUA
APRI puppies. (417)673-1997....>MORE
ENGLISH BULLDOG PUPPY
male, AKC, fawn/white, champion bloodlines, $900 or best offer. (417)396-3340...>MORE
REWARD $50,000 REWARD
Offered for any information leading to conviction of any person or persons known to have been involved in alleged ...>MORE
See all ads |
|
 |
|