Debra Goff, Individually and as Executrix of the Estate of Elbert Goff, Sr. v. Honorable Brian C. Edwards

Summary

The Supreme Court of Kentucky affirmed the Court of Appeals' denial of Debra Goff's petition for a writ of mandamus seeking dismissal of an estate-related action in Jefferson Circuit Court. The court held that the circuit court had subject-matter jurisdiction over the adversarial probate-related claims under KRS 395.510 and KRS 395.515. It further held that Goff's statutory-standing argument did not support a writ because an adequate remedy by appeal was available and no great and irreparable injury was shown.

Holdings

1. The Jefferson Circuit Court had subject-matter jurisdiction because the Sisters' adversarial claims fit within KRS 395.510 and KRS 395.515, including claims presenting a genuine issue concerning the correct and lawful settlement or distribution of estate assets.
2. The asserted question whether the Sisters were authorized by KRS 411.140 to pursue the power-of-attorney misuse claims was a statutory-standing issue, not a subject-matter-jurisdiction issue, and did not support a first-class writ.
3. Goff was not entitled to a second-class writ because an adequate remedy by appeal remained available and she did not establish great injustice or irreparable injury.

Questions Presented

1. Whether the Jefferson Circuit Court had subject-matter jurisdiction over the Sisters' adversarial action involving the settlement and distribution of the estate.
2. Whether the Sisters' asserted lack of statutory standing to pursue claims concerning misuse of the power of attorney justified issuance of a writ of mandamus.
3. Whether Goff established the prerequisites for either a first-class or second-class writ.

Disposition

affirmed