Musician Danny Tate freed from conservatorship, assets still targeted in Nashville probate court

Nashville, tn, may 31 2010:  Davidson County (TN) Circuit Court Judge Randy Kennedy’s ruled May 24th that the Nashville musician Danny Tate was free from a conservatorship for the first time in nearly three years and has the ability to control his assets, enter into contracts and even accept or reject medical treatment.   The courtroom was full of supporters from around, but Tate’s victory may be short-lived, perhaps even premature to call, based upon court documents filed in recent days by attorney Paul T. Housch on behalf of himself and Tate’s brother David, the now former conservator.

 Probate abuse is often perpetrated through the use of legal instruments such as wills, trusts, guardianships (called conservatorships in some states) or powers of attorney.  Many observers view the Tate conservatorship case as a prime example of this abuse which, in its most extreme form, is a hijacking of a person’s personal freedom and property rights.

Danny Tate’s assets once exceeded $600,000, but have largely been depleted during the conservatorship.  Michael Hoskins, Danny Tate’s attorney, told the Associated Press that he plans to fight attempts to sell the songwriter’s house in order to pay legal fees.  Tate’s royalty payments were set up as targeted funds at the May 24 hearing when attorney Housch informed the judge that “as far as expenses, court reporter, things of that nature, there’s going to be a lack of funds, cash funds right now, to pay those.  There are BMI funds available, coming in June.”  Based on recent court filings, these assets along with others are now being sought by David Tate and Housch as part of “winding down” the conservatorship they initiated against Danny Tate.

Upon terminating the conservatorship, Judge Kennedy said that he would hear from the attorneys on this matter but that generally the court’s position is to allow a minimum of 60 days for the conservator to make a “full, complete, and detailed accounting of all receipts and disbursements and all accounts that may have come into his hands.”  Kennedy went on to say: And that’s not to say that the Court is not going to immediately allow for Mr. Tate to begin to manage his money affairs.  But for those matters over which there’s been dominion and control, there must be a period of time to do that detailed accounting that the Court requires, and that the conservatee requires, so that he can make an objective determination as to whether or not his moneys have been properly expended or his assets properly preserved. 

While Michael Hoskins prepared and submitted to the court an order to such effect, Housch has submitted an order which, if approved, significantly changes what appeared laid out in the May 24 court proceedings.  Hoskins’ order mirrors the judge’s ruling by calling for the Temporary Conservator, David Tate, to “immediately return any and all property of Mr. Tate which is in the Temporary Conservator’s possession or under his control.”  In order for Danny Tate to enjoy the rights restored by Judge Kennedy, the order further calls on the Temporary Conservator to be enjoined (i.e., prohibited) from “transferring, spending, liquidating or making any further expenditures on behalf of Mr. Tate or with the funds of Mr. Tate, except for remitting to Mr. Tate all funds or other property which the Temporary Conservator has in his possession or under his control.”

Meanwhile, Paul Housch has filed an alternate order calling that during the 60 days designated for accounting preparation, David Tate should be allowed to “wind down the affairs of the Conservatorship” which includes paying any and all expenses of the Conservatorship.  This order, filed May 27, was preceded earlier in the day by two David Tate-initiated motions.

In the first of these two motions, David Tate is asking the court to direct payment of Danny Tate’s BMI royalty proceeds to him as Temporary Conservator despite the position having been dissolved and Danny Tate’s own property rights restored three days prior.

The second filing has David Tate asking the court to authorize a selling of Danny Tate’s investment assets, including pension funds, to “pay outstanding expert fees, court reporter expenses; subpoena/record costs; transcript costs, deposition costs; etc. presented by the Respondent’s Attorney and Attorney for the Temporary Conservator.”  The motion additionally cites the existence of custodial funds for Danny Tate’s two daughters, but says the Temporary Conservator prefers “not to encroach on the custodial amount, unless the Court deems it necessary to pay the aforementioned expenses.” 

In a May 28 filing, attorney Paul Housch is asking the court to award nearly $26,000 in attorneys fees for work performed February 24, 2010 through May 28, 2010 which includes preparation of the May 27 motions seeking confiscation of Danny Tate assets seemingly in contradiction to Judge Kennedy’s ruling that terminated the conservatorship.  As Michael Hoskins predicted, the motion also calls for an “Attorney’s Lien in favor of Paul T. Housch, Attorney” to be placed against Danny Tate’s house “to further secure payment of any attorney fees and expenses awarded by the Court in said motion…”

On May 24, Danny Tate’s personal freedom was restored, but his property is under siege and his future well-being is further jeopardized with what appears a last assault on his assets.  Acts being perpetrated by those alleged to have been acting in his best interests.