Copy THE SEVENTH CIRCUIT COURT OF DAVIDSON PROBATE DIVISION ills or; ~2 "is: IN RE: .F. p. ESTATE OF FRED D. THOMPSON, Deceased, FRED I). THOMPSON, and DANIEL L. THOMPSON N0: 15P-1903 URY DEMAND Plaintiffs, V. JERI K. THOMPSON, INDIVIDUALLY and as EXECUTOR OF THE ESTATE OF FRED D. THOMPSON, Defendaats. VERIFIED COMPLAINT Plaintiffs Fred D. Thompson, and Daniel L. Thompson submit this Complaint and state as follows: 1. Plaintiff Fred D. Thompson, ll resides at 903 Bowring Park Nashville, TN 37215. Mr. Thompson is an adult son of the decedent, Fred D. Thompson (the ?Decedent?), and one of his heirswatmlaw. 2. Plainiiff? Daniel L. Thompson resides at 1483 Clairmont Place, Naghvillo, TN 37215. Mr. Thomosor: is an ado}? son of tho Decadent and one ofhis heirs?at-lnw. 3. Daliande Jeri K. Thompson, individually, resides at: 10] Middleton Circle:a Naghvillo, TN 37215. Defendant ?l?? 1ompson is the Decedent?s surviving; Spouso. Copy 4. Defendant Jeri K. Thompson, Executor of the estate of Fred D. Thompson, resides at 101 Middleton Circle, Nashville, TN 37215. Defendant Thompson is the Executor of the Decedent?s estate, which is being, administered in this Court. Jurisdiction and Venue 5. This Court has jurisdiction over this matter under Tenn. Code Ann. 16-1 i-iOi Ci SEQ. 6. Venue is proper in this Court under Tenn. Code Ann. 20-4401 et seg. General Background 7. The Decedent died on November 1, 2015 at the age of 73. The Decedent?s residence at the date of his death was in Nashville, Davidson County, Tennessee. 8. As reflected in the Claim Against the Estate tiled by Waller Lansden Dostch Davis, LLP (?Claim?), a copy of which is attached as Exhibit A, in the weeks leading up to his death, the Decedent, with Defendant Thompson?s guidance and assistance, appears to have made numerous changes to his estate planning documents, which appear to include the changing of beneficiary designations on life insurance policies, the changing oi" beneficiary designations on retirement benefits and the retitling the ownership of real and personal property. 9. In addition, it appears Defendant Thompson made changes to the Decedent?s estate planning documents herself in her capacity as the Decedent?s attorneyminwfact and pursuant to a purported durable power of attorney. 10, On information and belief, Plaintiffs believe they may have been beneficiaries under the Decedent?s estate planning documents before the changes described in the Claim. Copy 1 1. Because of the questions raised by the Claim and to ensure their father?s wishes were carried out, Plaintiffs reqeested more detail on the transactions described in the Claim. Although Defendants stated on several occasions this information was forthcoming they altimeter denied Plaintiffs? requests. This denial and Defendants? unwillingness to be transparent in the eseaie administration process ultimately led to the ?ling of this Complaint. Count 1 Laeked the Requisite Mental Capacitv to Change His Estate Planning Documents i2. Plaintiffs allege that the Decedent lacked the requisite mental capacity to make the changes to his estate planning documents described in the Claim, and any other changes made during, this period, including; bat not limited to, all changes to the bene?ciaries of his life inserance policies, any changes to the bene?ciaries of his retirement plans and any changes to the ownership oi?his personal or real property. 13, As a result at the Decedent?s lack of mental capacity, these changes are not valid and should be declared null and void. Count 2 Suffered from Undue In?uence 1a Plaintiffs allege that the changes to the Decedent?s estate planning documents described ia the Claim: and any other changes made during; this period: including, but not limited to, any ehanges to the beneficiaries of his life insurance policies, all changes to the bene?ciaries of his retirement plans and any changes to the ownership of his personal or real property, were the result of undue influence exerted over the Decedent by Defendant Thompson. Copy 15. As a result of Defendant Thompson?s undue in?uence over the Decedent, these changes are not valid and should be declared null and void. Connt 3 Changes Made by? Defendant Thompson Were Not Authorized and Breached Her Fiduciary Dutv 16. Plaintiffs allege that any changes to the Decedent?s estate planning documents, incinding, but not limited to, any changes to the beneficiaries of his life insurance policies, all changes to the beneficiaries of his retirement plans and any changes to the ownership of his personal or real property, made by Defendant Thompson as the Decedent?s attorney~in~fact were not anthorized and violated Defendant Thompsonis iidaciary duty to Decedent. 17. As a result, these changes are not valid and should be declared null and void. cw Defendant Thompson?s Refusal to Provide the Reanested information Violatcs Her Duties as Executor l8. Plaintiffs are tlie Decedent?s two adult children and specific bene?ciaries of his estate. Plaintiffs have not received payment of their speci?c bequests. l9. Defendant Thompson, as Executor of the Estate, has the power and authority to provide information and documentation to Plaintiffs regarding the actions described in the Claim. 20. Based on information contained in the Claim, Plaintiffs believe changes were made to the Decedent?s estate planning; docnrnents, and the}: have asked Defendant Thompson for detailed information regarding what changes were tnade, including access to Waller?s estate planning tile for the Decedent. Copy 21. Defendant Thompson?s refusal to provide this information violates her duties as Executor, and Plaintiffs request that she either be ordered to provide the relevant infonnation and documentation or be removed as Executor in favor Ofan independent third party. Relief Reguested Wherefore, Plaintiffs request the Court grant the following relief: 1. Process be issued and Defendants be required to appear and answer this Complaint; 2. For ajury of twelve to hear this matter; 3. For a judgment declaring that all changes to the Decedent?s estate planning documents made while he lacked the requisite mental capacity andXor was suffering from undue in?uence be declared null and void; 4. For a judgment declaring that all changes to the Decedent?s estate planning documents made by Defendant Thompson as the Decedent?s attorney-in-faet be declared null and void; 5. For a judgment requiring Defendant Thompson to provide the requested information or in the alterative, for a judgment removing her as Executor in favor of an independent third party; 6. Plaintiffs be awarded their costs and expenses} including i?easonabie attorneys? fees, in connection with this litigation against Defendants; and 7. Plaintiffs be granted such other relief as the Court shall deem proper. Dated: August 2, 2016 Copy Re pect?iliy submitmd?. Mi?chaal Di Sontag! 0. "01 1142) James C. Good? 0. 3100) Blaine H. Smi?h (N0. 02I692) Bass, Ben}? Sims, PLC 150 Thig?d Avenue Swath, Suite 2800 3720} P: (615) 742-6200 F: (615) 248~8798 Atfvmeysf?r I?Iainiff?y Copy STATE OF TENNESSEE COUNTY OF DAVIDSON Fred D. Thompson, ll, Plaintiff in the foregoing Complaint, makes oath that the statements contained therein are true to the best of his knowledge, information and belief. Fred Thompson, SWORN TO AND SUBSCRIBED before me this May MM 2016. i: ?4 My Commission Expires: ?Q?9?g1?e n. a ?322?: a go: 0 9 . -.: Menomiio?a~ 6? .Q a? STATE OF TENNESSEE COUNTY OF DAVIDSON Daniel L. Thompson, Plaintiff in the foregoing Complaint, makes oath that the statements contained therein are true to the best of his knowledge, in 13 motion and li f. Daniel L. iornpson SWORN TO AND SUBSCRIBED before me this EW day 2016. yew/2} Notary Public My Commission Expires: 186013665 C88??y IN THE CIRCUIT COURT OF DAVIDSQN COUNTY, TENNESSEE meagre tw; If gm? "guns 3 has 3t; i1!) IN THE ESTATEOF: I IIng FRI men o. THOMPSON NIEMRIS JERIKEHN THOMPSON MM 101 MIDDLETON CIRCLE ?l NASHVILLE, TN 37215 NOTICE OFLLAIM FILED Pursuant to Tennessee Code Annotated you are hereby notified the: {he following claim has been ?ied In this office ageinsr the above estate: CLAIMANT AMOUNT DATE FILED WALLER LANSDEN DORTCH $14,550.20 March 15th, 2016 Exceptions to CIaI?ms must be written and filed in :riph?care. Pfease contact your attorney for legal information. RICHARD R. ROCKER. CLERK 812/4?? TROST, CHARLES ARTHUR 5311 UNION STREET. SUITE 2100 NASHVILLE, TN 37219 EXHIBIT In the Circuit Court of Davidson County, Tennessee (Probate Division) CLNM FORM 23:5 :5 EH gr 36 305' n? i; ?ti-O gxwwfile a ciaim you must: :2 $133443. .1 1. Submit this notarized affidavit and two (2) copies. 2. Submit evidence to support the claim, plus two (2) copies (statementma?mrzt??grg?to) 3. Submit a check payable to CIRCUIT COURT CLERK in the amount of $11.09 and return to COURT CLERK, Probate Division, 1 Public Square, Room 383, 33.0. Box $98306, Nashviile, TN, 37219~6300. Waller Lansden Dortc'n Davis} LLP Claim 3933*? the estate 03' Creditor 511 Union Street, Suite 2700 Red {1 Thompson Address Nashville TN 37219 Socket Mme: 383-1903 City, State. Zip Date Item Nature of Claim Amount {Zr/exist Unpaid Balance 2142'15 Legal 14.55028 8 .80 14,550.20 3 8 5 3 THE TOTAL OF THES IS 3 14?m29 I (or we} make oath that the above claim is a correct. just and vatid obligation of the estate at grad D. Thompson deceased. that neither the undersigned, nor any person in my or our behatf has received oaymonz thereto;, in whoie or in oart, except as is credited answer and no secutity has been renewed therefor. except as stated above; This day of ,2o f5? mama 903mg 5: DAVIS LLP Baht/23? glam/56? Cre?itor?s Signature 1 4" Sworn to and subsumed before me this ROGKER, Cierk (3. Michael Yopp. Esq, at?: Aztorney for Creditor 0: 511 Union Street, Suite 2700 Address Nashvitie? TN 37219 815-2444153380 i?t?y Commission Expires: c? Ceg??y Estate of Fred Thompson do Jeri Thompson Executrix P. O. Box 143 Hermitage. TN 37076 Our Matter #1 WALLER LANSOEN DAVIS, NASHVILLE 511 Unron STREET, SUITE 2?00 Peer OFFICE. Box 198966 Tennessee 37219-8966 615444?6380 FEDERAL ID NO. 62?04?9474 February 4, 2016 Invoice 10589345 Page Bill Through 003016 Billing Atty: C. Trost 00755730036 Estate Planning (PDT) i0108f15 ?l 0f08i15 1011215 10113155 10fl3f15 lOi?MllS 10.04/15 ?10I14i'15 Attention to planning issues with C. Trost Yopp, Michael 0.30 Telephone call with F. Thompson re: conference; conference with M. Yopp Trost, Charles A. 0.20 Telephone call with F. Thompson re: appointment to discuss new will Trost. Charles A. 0.30 Conference with F. Thompson and 8. Murphy re: estate plan Yopp, Michael 2.50 Meeting with Fred and Mike Yepp re: estate plan Trost, Charles A. 3.50 Attention to estate planning matters Yopp, Michael 0.10 Review retirement information Yonp. Michael 030 Prepare and send email to E. Murphy re: J. Liver and contact information; emails to and from J. Henagen re: insurance premium schedule and premium paid; email to G. Johnson re: Change benefit forms; email re: SAG and federal and social SeCurity dooumente; emails to and from M. Yopp re: beneficiary and draft documente end email to J. Lively re: PDT situation; telephone call with J. Thompeon; conference with Burne re: AAG contract; emails to and from J. Thompson re: email to J. Brieloi re: AAG contracts; emails to and from B. Murphy ?frost. Charles. A. 4.10 (leggy Our Matter it invoice it 10589346 Written DORTCH February 4, 2016 Page 2 ?lOi?lSr?lS i0fi5i'15 10r?15i15 tOilSil? lOiiBr?iS mitt-SHE iGIi6r?iS iOli7r?l 5 10M W1 Review AAG agreement and related rights; client conference and legal analysis Bristol, James 8. 1.00 Receive and review several emails; draft extensive email to J. Burns re: draft documents Yepp, Michael 0.30 Correspondence with Mike Yopp and Charlie Trost regarding Doctrine of Dependent Relative Revocation and preparation of trust and poerovor wills. Burns? John 8 5.20 Telephone sell with J. ?Thompson; prepare and send emails to F9. Batten (financial adviser) re: cash flow projection and pension benefit; conference with M. Yopp re: instructions to J, Burns re: review; emails to and from B. Murphy.r re: NW Mutual, debts owed, SAG premium adjuster, SAG pension, stock; email to J. Lively re: federal tax return; email to A. Workman re: letter; email to J. Rainer re: Florida property; email to J. Burns re: trust fee schedule and PDT information and conference with J. Burns: emails to end from M, Yopp re: pension documents; email to C. Davis re: Cumberland Trust Trost, Charles A. 13.00 Attention to various estate planning issues Yopp? Michael 2.50 preparation and editing of trusts and will; review of cash flow analyses and meetings with C. Trosl and M. Yopp Burns: John 9.30 Telephone cell with J. Henegan; telephone call with Lively; multiple emails to end from J. Lively re: tax returns. MG and telephone Call with BW Murphy; email from l3. re: lilorida condo: email to J. Renter ferwerding condo information; prepare and review of cash flow analysis and preparation of instructional cover letter: review tax returns and balance sheet; forward same to J. Thompson; telephone call with P. Batten; email to P. Bahan re: CPA update; emails to end from J. Burns re: NW Mutual ?Frost, Charles A. Stilt) Telephone conferences with J. Burns; locate current vesting deed and property information for Ploride property; conference with M. Yopp, J. Burns and C. Trost Remer, Jeanette Li 0499 Receive and review estete planning documents Yopp, Michael 340 editing and revising estate planning documents; correspondence with Mike Yopp and Charlie ?Frost Burns. John E3 360 (383%! Writren LANSDEN DORTCH Davie, Our matter it: ioveiee a 16589346 Pebruary 4, 2016 Page 3 i?iief?r? rer?ene 15!? 93% 10.31 9&5 i?figiifi 1?ii93?5 EGEZSEES roraerr rer2erra ?evrew draft of pour over will and family trust; prepare and send ereaii to fv?l. Yopp em a taunts re: pour over will and trust; email to J. Lively re: AAG and email to a. Workman re: latter to eor; preearatron of ietter to FDT re: analysis and recommerrdatione; emarr from M. Yopp re: comments on draft documents; review erai?t will and family trust Trost, {Znarree A. 3.90 lire iirnaii to C. Treat re: goerdianship provision Yoga] Mreheei 0.10 Earring truer agreement and correapondence with Mike Yopp Borne, Jone E3 1.80 Prepare and send emaii to Jr Burns re: power of attorney and rearing writ; review email from M. Yopp re: trust terms; email from A. Workman wile letter to email to M. Yopp forwarding letter Treat. coarlea A. 0.40 lira Arieetroe to etarrnirie issues; review revised Trust Agreement; conference with Treat; review and revise client letter: further revision to {rest agreement Year), micnael 3.50 tire Werked on reeurerrce oolicy designationo and beneficiary change eecernerrie; eerie with Jim Hanagan at Capitol Financial Berna, Jone 7-20 Preparatiorr of sieremerit of net worth and estate tax values; review and revise ietter and documents; email to J. Thompson re: cover letter; review email from J. Thompson re: financiala and documents; email to 3. Thompson re: visit; email to J. Burns re: glorrda properrv and forwarding insurance forms; review email from J, Borer, re: email to J. Thompeon re: ST loan; email to 8. Moron}; re: financiers; email to A. Workman re: documents; conference watt 9 Thompson and Thompson re; documents Treat. Cheriee A. 5.50 :epere for rilorr?oe property Ramerg Jeane-rite Lt H30 hra to inaerance eocuments Mioheei 050 Prep of beneficiary change information and trust certifications; transmitter of to em Henagan for review; review of Florida property issue anti research regarding effect of transfer immediater before cream. 8mm, 30hr: 8 2.00 fimaii to Worrmen re: documents; email to J. Livetv forwarding ooeornenEe; to Morphy re: short term loan; email to J. Thompson arid 8? Murphy re: cash flow; review email from 8. (leggy LANSDEN Demon DAVIS, LLP Our Matter 33 9655130938 invoice 16589345 February 4, 2016 Page 4 tGi?Q?rf?l? 1812315 1832315 18122315 30f22?t 5 18323515 $922351?) 192315 1?f265?5 EQIZGR 5 Murphy re; financ?ats; emait to Lively re: cash; email from J. Burns re; fife insnranse question; email to M. Yopp re: life tnsarance Qtrestion Treat, Charters A. 1.20 Receipt and review of communication from J. Burns concerning Antharization for forward same aniitle, Misty 8. 0.30 Attention to insurance beneficiary change; conference with J. Barns re: changes Yopp, Michaei 0.30 with Jim Hanagan regarding life insurance beneficiary change forms; e??ting and revising same; cans with Chariie Trost regar??ng remaining matters Barns, John 8 1.80 9repara and send emait to J. Lively re: documents; emait to B. re: response and ?nancials Trestg Chartres A. 0.30 Attention to cbanges to documents Yopp, Michaet 0.10 Call with Jim ?anagan regarding correct name and review of golicy preparation of certificate of incompetency for Ma's to Sign Burns. John 1.20 Emait to B. re: PDT question Trest, Charies A. 0.10 Attention {a PGA tssnes Yong}, Michael 0.30 Preparation of Nance at tncompetency and research regarding use of power of atterney to create trust and to change bene?ciaries of poitctes; cat! with Jeri Thompson; call with Charlie Treat gums, damn 8 22.60 genera; ema?t {ram Johnaon re: VOYA policinn; email to J. Burns forwar?ing insurance potioies; nmait to and from J. Burns re: newer 0t" attorney and doctor's certificate "i?rost? Charies A, 0.60 hrs; Etinrts to Cantata signatures: visits to Centennial Hngpitat and grist Clinic and preparation and submigsion of packet to Change beneficiary ?nsignation to VOYA ?urns. John ?33 8.70 gmaiis to J. auras insurance and Dr. Flinn Trost. Charies A. {3.50 WALLER DORTCH DAVIS, my Our Matter 1? 00755730036 Frobroary 4, 261%? Invoice 10589346 Page 8 Calls with Jim Hanagan and Gigi Johnson regarding con?rmation of VOYA filings Bums. John 0.8{3 i?ars 5 Email to J. Bums re: insurance ?frost, Charles A. MG 1012831 5 Transmittal letter for power of atiorney and living will to Alive? Hospice Bums. John 0.40 Total Baso Fees for Professional Services ., 40,526.56 Less: Discount on Foes (26:02.56) Total Fees for Professional Services .. Summary of Fees TimeKeeper Base Fees Total After Yopp, Michael 7,260.00 (23339.03 Bums. John (5:96008) Trost. Charles A. 16332.50 {6:1 15.03} Bristol. James B. 540.00 $3699 Ramor, Jeanette L. 399.00 39990 Trujillo. Misty 20.00 20.33 TOTAL 40,526.50 Disbursements Photocopies - 4: 0.20 3 9.8g Delivery 8 5,99 Online Researches 8 36.?5 Phone 3 3.65 Total Disbursements .o 45.2% Total Foos and Dloborsomoots on This lnvoioo 34.56026 WALLER LANSDEN DORTCH DAVIS, LLP {)ur Matter it 5655138636 February 4, 2015 invoice 83589346 Page 6 PLEASE REMIT YOTAL INVOICE DUE 14,550.20