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7613 Mint Leaf
Drive
Nashville, TN 37013
Phone (615) 715-0913 |
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Contact: Wendy Dyes
Phone: (615) 715-0913 |
FOR
IMMEDIATE RELEASE
3 P.M. CST, May 31, 2010 |
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.
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