The Attorney General's Office has filed exceptions to the final settlement of the estate of Sally Flowers Moody.
The Attorney General asks that the court "reject, alter, or amend" the fees that were paid to Attorney John Miller, which amounted to $170,000, along with fees that co-executors Marylyne and David Miller- amounting to over $175,500- have paid out to themselves.
Moody had left a large amount of her estate to be established as a trust for Russellville or Logan County students who wished to attend Western Kentucky University or the University of Kentucky.
According to the Attorney General's documents submitted on July 28 in Logan District Court, the co-executors do not provide "legal evidence" to justify the payments given to John Miller. It states that under Kentucky Revised Statute 395.250, the fees given to Attorney Miller and Marylyne and David Miller, the mother and brother of John Miller, "do not appear reasonable."
A Petition for Probate of Will was filed in court on April 25, 2003. It was stated at that time that Moody's estate was estimated to have a value of $950,000 in real estate and in personal property of $200,000. A professional appraisal of her assets was never taken.
On April 25, also filed in court, was an "Approval of Fee/ Cost Advance." The order gives approval of advance payment toward the executor's fees "(ultimately 5 percent for each)" and advance payment toward the Attorney Fee "(ultimately 5 percent)."
On Aug. 8, 2003, an Inventory and Appraisement of Estate was filed estimating the total value of the estate at $3,547,460. In this estimation, the accounts total $997,460 and the remaining items total $2,550,000. That inventory also says "appraisal pending" for three sections of the estate, totalling $2.35 million.
On May 20 of this year, a proposed Final Settlement listed a series of recepts and disbursements paid out by the co-executors. Among those payments were over $170,000 to Attorney John Miller.
According to the Attorney General's Office, in a scenario to illustrate the amount of funds that Miller was paid, if he was paid $150 an hour, this would "represent 1,133 hours of billable work." The document states, "If John Miller dedicated eight hours a day, five days a week to the estate at $150 hours, it would take Mr. Miller over 28 weeks of work to justify a fee of this magnitude."
The Attorney General's Office does not dispute that the co-executors, Marylyne and David Miller, should be afforded a fee for their trouble. At the time of the filing of the Probate of Will and the Motion for Approval of Fee, the estate was estimated to be considerably less, therefore the amount of the 5 percent would be less. The Attorney General suggests that the total of $175,500 sought from the two executors be reduced to $57,500 "or a lower amount." The latter figure represents 5 percent of the original estimation of the estate.
In Sally Flowers Moody's Last Will and Testament, she said the remainder of her estate, after all payments are made, should go for the education of Russellville and Logan County students wishing to attend WKU or UK. The amount available will be determined by how much remains after all legal work and other expenses are completed.
John Miller told the N-D&L prior to a story in the July 1 issue, that he and his family once lived near Sally Flower Moody, and originally she wanted to leave the Miller family her entire estate as she had no surviving descents of her own.
John Miller stated that he and his family talked Moody into leaving parts of her estate toward a charitable cause.
Another hearing on the matter is scheduled for Aug. 4 in Logan District Court.
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