Probate-Power of Attorney-Petition for Discovery of Assets

Defendants appealed the judgment against them. Decedent had difficulties living independently and contacted defendants, her nephew and his wife, for advice. Defendant Anna Stidham contacted an attorney who drafted a power of attorney executed by decedent, appointing Anna and Jackie Johnson as her agents. Anna and Jackie then opened bank accounts co-owned with decedent, which included rights of survivorship. After decedent’s death, Anna withdrew the accounts’ balances and spent the funds on personal expenses. Plaintiff filed a petition for discovery of assets, which culminated in the entry of summary judgment against Anna and a jury verdict against defendant Matt Stidham. On appeal, defendants challenged the trial court’s revival of the judgment against Anna because more than ten years had passed and challenged the revival of both judgments against defendants because the show cause orders had been entered by a judge who was not assigned to the case.

Where defendants failed to object to the show cause order, their argument was not preserved for appeal, but the judgment against Anna was facially untimely for revival.

Judgment is affirmed in part and reversed and remanded in part.

In the Estate of Lambur (MLW No. 84401/Case No. SD39143 – 10 pages) (Missouri Court of Appeals, Southern District, Bates, J.) Appealed from circuit court, Ripley County, Allen, J. (Derrick Shane Kirby, Doniphan for appellants) (Matthew B. Lee, Poplar Bluff for respondent)