Summary
The Arkansas Supreme Court held that the death of the ward terminated the guardianship and ended the Polk County Circuit Court’s authority over the ward’s trust and estate, except for completing the guardianship’s final accounting and closing it. The court concluded that the circuit court lacked subject-matter jurisdiction to order the sale and distribution of trust assets. Treating the appeal as a petition for extraordinary relief, the court granted a writ of certiorari.
Topics
Practice areas
Questions Presented
- Whether the Arkansas Supreme Court should treat White's appeal as a petition for extraordinary relief based on her jurisdictional challenge.
- Whether a writ of prohibition was available to challenge the Polk County Circuit Court's order.
- Whether a writ of certiorari was appropriate where the Polk County Circuit Court ordered the sale and distribution of trust assets after the ward's death.
- Whether the Polk County Circuit Court retained jurisdiction after Ehret's death to administer the trust or probate Ehret's estate.
- Whether White consented, by filing the guardianship proceeding in Polk County, to the court's jurisdiction over the trust.
Holdings
- An appeal challenging a trial court's lack of jurisdiction may be treated as a petition for extraordinary relief.
- A writ of prohibition was unavailable because the Polk County Circuit Court had already entered the challenged order.
- Certiorari was appropriate because White had no other adequate remedy and the face of the record showed that the circuit court acted without jurisdiction.
- Upon Ehret's death, the Polk County Circuit Court retained authority to conduct a final accounting and close the guardianship but lacked authority to administer the trust or probate Ehret's estate.
- The Polk County Circuit Court lacked subject-matter jurisdiction to order the sale and disbursement of Ehret's trust assets after Ehret's death.
- White's filing of a guardianship proceeding in Polk County did not confer jurisdiction on that court to administer the trust after Ehret's death.
Key quotations
“once Ehret died, the Polk County Circuit Court had jurisdictional authority to make a final accounting and close the guardianship but was without authority to administer the trust or proceed with the probate of Ehret’s estate.” (at 410)
“Therefore, once Ehret died, the Polk County Circuit Court lacked subject-matter jurisdiction to order the sale and disbursement of her trust assets where its jurisdiction was limited to the guardianship.” (at 410)
Factual background
Harriet Ehret established and amended a living trust, naming herself trustee and Phyllis White successor trustee. While Ehret was incapacitated and living in Polk County, White initiated guardianship proceedings there, and other parties were later appointed co-guardians of Ehret's estate. After Ehret died, the Polk County Circuit Court ordered the sale of trust property and distribution of the proceeds, despite a probate and trust-administration proceeding having been initiated in Boone County.
Procedural history
Ehret created and amended a living trust and later became the subject of a guardianship proceeding in Polk County. After Ehret died, the Polk County Circuit Court ordered the sale of trust assets and directed that the proceeds be placed in the court registry for distribution, while White filed a petition concerning probate and trust administration in Boone County. The Arkansas Supreme Court held that the guardianship court's jurisdiction terminated at Ehret's death except for final accounting and closure of the guardianship, and granted certiorari.
Remand instructions
The Polk County Circuit Court was limited to making a final accounting and closing the guardianship; it could not administer the trust or probate Ehret's estate.