Emergency Court Intervention Requested 

Under Tennessee probate law, an executor must act in the best interests of beneficiaries and provide accurate records of estate administration. 

Tennessee Code Annotated § 35-15-804 mandates that fiduciaries maintain clear and separate financial accounts, ensuring transparency. 

Rule 37 Sanctions for Discovery Violations 

1. Defendant’s continued failure to provide requested documentation constitutes a violation of Rule 37 of the Tennessee Rules of Civil Procedure, justifying judicial enforcement. 
2. The court retains authority to impose sanctions, including financial penalties and executor removal, for deliberate noncompliance. 
3. Plaintiff seeks order seizing of all assets to the estate. 
4. Impose immediate financial penalties and removal of executor for deliberate noncompliance for failure to provide clear and separate financial accounts. 
5. Plaintiff seeks seizure of all estate assets, and the funds placed in a court supervised trust account. 
6. Plaintiff seeks Diane Lee’s removal as executor and ensures compliance with court orders governing estate administration. 
7. Necessity of Executor Removal & Administrator Pendente Lite Oversight: 
8. Defendant has demonstrated a pattern of financial mismanagement and must be removed immediately to ensure compliance with estate law. 
9. The court must appoint an administrator pendente lite, who will oversee estate records, financial documents, depositions, and sworn testimony. 

Executor’s Breach of Fiduciary Duty 

Defendant’s reckless handling of estate funds constitutes mismanagement of estate assets. 

Defendant continues to evade proper accounting; Plaintiff seeks order seizing of all assets to the estate. 

Executor’s Position on Jurisdictional Remand:  

1. Defendant has stated: “The Executrix will not oppose the Circuit Court remanding this matter to the Probate Court if the Contestant wishes to seek her removal and the appointment of an administrator pendente lite before proceeding with the will contest.” 
2. Given this admission, Plaintiff seeks formal judicial intervention to secure Defendant’s removal and ensure compliance with court orders governing estate administration. 
3. Estate Dispute & Arbitrary Asset Distribution: At the time of the deceased’s passing, Plaintiff’s siblings engaged in a dispute over estate asset distributions, which Executor Diane Lee attempted to arbitrarily manipulate to reduce funds allocated to beneficiary Susan Ross. Since then, Defendant has distributed all remaining estate funds, calling into question her ability to properly manage assets in accordance with probate law. 
4. Plaintiff seeks the return and seizing of all assets from Diane Lee and my fellow beneficiaries. 
5. Upcoming Trial & Consequences of Intestacy: the court has determined that if Defendant loses at trial, the estate will be distributed under Tennessee intestacy laws, rather than through the Last Will and Testament dated October 26, 2019. 
6. Given this risk, judicial oversight is necessary to prevent Defendant from further depleting estate assets before a final ruling. 

Requested Judicial Relief in Regular Order; 

1. Compel Defendant to provide full financial disclosures, including transaction records for estate asset sales and personal financial accounts. 
2. Conduct a forensic audit at the cost of the Estate of Beatrice O. Horion to investigate asset commingling between Defendant’s personal funds and estate accounts. 
3. Review the legitimacy of property transfers, including the acquisition of multiple homes by Defendant and her relatives. 
4. Restrict Defendant from engaging in further financial transactions, ensuring estate assets remain preserved for lawful distribution. 
5. Permit Plaintiff to issue subpoenas for financial records and depositions to clarify the source and timing of funds used in real estate acquisitions. 
6. Compel Defendant to provide full financial disclosures, including transaction records for estate asset sales and personal financial accounts. 
7. Review the legitimacy of property transfers, including the acquisition of multiple homes by Defendant and my fellow beneficiaries. 
8. Restrict Defendant from engaging in further financial transactions, ensuring estate assets remain preserved for lawful distribution. 
9. Permit Plaintiff to issue subpoenas for financial records and depositions to clarify the source and timing of funds used in real estate acquisitions. 
10. Plaintiff seeks a cash bond or insurance instrument equal to the projected settlement amount in the event of an adverse ruling at trial. 
11. Plaintiff seeks the return of all assets Diane Lee and my fellow beneficiaries from Beatrice O. Horion’s cash, property, and financial accounts.  
12. Order the Estate of Beatrice O. Horion to seek the credit report and DMV report of Beatrice O. Horion and have them sent directly to Plaintiff's address in Georgia. 
13. Compel Defendant to provide full financial disclosures of Beatrice Horion and Diane Lee’s Trust accounts, personal tax filing for the last ten years, personal bank statements including copies of income and expenditure records, and any other relevant evidence needed to ascertain the true financial picture of Beatrice O. Horion. Order the information be sent to the Plaintiff’s address in Georgia within 14 days of receipt of this motion. 
14. Order the source of payments made for all professional services from Lawyers, Accountants, and Tax Preparers be sent to Plaintiff’s address in Georgia within 14 days of receipt of this motion. Plaintiff requests the Courts authorize the release of these firms from any obligations to provide confidentiality from the release of these records. 
15. Issue an order permitting Plaintiff to issue subpoenas for additional financial records and depositions to further examine Defendants handling of estate funds. 
16. Compel Defendant to provide full financial disclosures regarding prior asset distributions and holdings. 
17. Enforce fiduciary accountability measures, ensuring Defendant remains available for all necessary depositions, document production, and sworn testimony. 
18. Clarify the legal obligations of direct fund recipients, determining whether estate-derived benefits remain subject to judicial reimbursement.  
19. Ensure that all recipients of estate-derived benefits provide a cash bond or insurance instrument equal to the value of an adverse judgement at trial. 
20. Compel Defendant to provide full and complete responses to Plaintiff’s interrogatory and discovery requests within 14 days. 
21. Order to provide executor compensation records to verify proper fee allocations. 
22. Estate asset inventories as of October 26, 2019, to ensure proper valuation and disclosure. Attorney Frye’s suggestion that the estate possessions have nominal value is pure conjecture and has not been verified or authenticated by any reputable source. 
23. Communications regarding financial decisions between my fellow beneficiaries to assess conflicts of interest. 
24. Compel Diane Lee to provide full personal financial disclosures, including tax filings, bank statements, and estate transaction records. 
25. Compel Diane Lee to provide evidence about her personal financial claims, including the accuracy of reported income and assets. 
26. Order an independent audit paid for by Diane Lee to determine whether estate funds or assets were misappropriated or commingled. 
27. Order an investigation of the legitimacy of Diane Lee’s financial claims, including the accuracy of reported income and assets. 
28. Restrict Defendant and my fellow beneficiaries from further unauthorized transactions, ensuring estate assets remain properly accounted for. 
29. Permit Plaintiff to issue subpoenas for employer records, financial statements, and depositions regarding asset transfer. 
30. Request Court order to deliver to my Georgia address all documents referenced and discussed in the contested will filings at least 14 days prior to any court appearance. 
31. Compel Defendant to produce all requested estate records necessary for resolving disputes regarding asset management and beneficiary distributions. 
32. Permit Plaintiff to proceed with subpoenas and depositions to examine the circumstances surrounding the withdrawal of inheritance claims by Plaintiff’s nephews. 
33. Restrict Defendant from further unauthorized financial transactions, ensuring remaining estate funds are properly accounted for until a final ruling is issued.  
34. Compel Defendant to provide full financial disclosures. including transaction records for estate asset sales and personal financial accounts. 
35. Permit the review of the legitimacy of property transfers, including the acquisition of multiple homes by Defendant and her relatives. 
36. Permit Plaintiff to issue subpoenas for financial records and depositions to clarify the source and timing of funds used in the real estate acquisitions.  
37. Compel the Loudon County Sheriff’s Department to turn over the complete case file for criminal case #20240930119. The Sheriff has ignored repeated formal and informal requests to access these records under the Tennessee Open Records Laws have been ignored. Plaintiff is seeking all Detective notes, recordings, internal and external correspondence, phone logs, and any external and internal communication with the relevant prosecutor's office. Plaintiff expects to call a representative from the Loudon County Sheriff’s office to testify at trial. 
38. Defendants Attorney has made clear he will fight the requests in this discovery motion. Attorney Frye is going to continue his history of adding unreasonable costs and procedural delays at every turn. Plaintiff is requesting a 90-day delay in the calendar set by Judge Pemberton on April 2, 2025. Once the Circuit and Probate Courts rule on the relevant issues in this Discovery Motion we expect to have an enormous amount of work to issue relevant subpoenas and prepare for depositions. As Attorney Frye pointed out at our last court session, Plaintiff expects to be back in court requesting Judicial Orders to Compel Motions to force witnesses and institutions to cooperate in this case.  
39. Compel the Defendant to provide a properly executed HIPPAA Authorization For Release of Medical/Health Information and an Authorization To Release Confidential Information for Beatrice O. Horion to every health professional involved in Beatrice’s health care. The Last Will and Testament Contest case has at its core an investigation of the mental and physical health of Beatrice at the Signing of the document on October 26, 2019. Defendant must include all medical professionals, mental health professionals, and associated subcontractors in this request. 
40. Request Courts place liens on all property purchased directly or indirectly with funds from Beatrice Horion’s wealth. Plaintiff wants the court to have a meaningful opportunity to collect on a judgement for the Plaintiff. 
41. Plaintiff is seeking a summary judgement rendering the Last Will and Testament executed on October 26, 2019, a fraudulent document. 

Executor’s Role & Decision-Making 

Any agreements between the executor and beneficiaries regarding estate distribution. 

Communications between the executor and attorneys regarding the will contest. 

Documents showing executor fees or compensation paid from the estate. 

1. Plaintiff requests that Defendant produce copies of all Power of Attorney documents granted to Defendant by Beatrice Horion, including but not limited to: 
2. General, Durable, or Healthcare Power of Attorney authorizations. 
3. Any revocations, amendments, or limitations to said Power of Attorney. 
4. Plaintiff further requests that Defendant produce all conservatorship appointment records related to the estate of Beatrice Horion, including but not limited to: 
5. Court orders appointing Defendant as conservator. 
6. Financial statements or fiduciary reports filed in relation to conservatorship duties. 
7. Any petitions, affidavits, or accounting records associated with conservatorship management. 
8. Plaintiff requests that Defendant Diane Lee produce all written and electronic communications between the executor and any beneficiaries of the estate of Beatrice O. Horion, including but not limited to: 
9. Emails, letters, and text messages exchanged regarding estate administration, asset distribution, financial transactions, or legal disputes. 
10. Meeting minutes or notes from discussions related to estate decisions. 
11. Correspondence with financial institutions, attorneys, or court officials related to estate affairs. 
12. Any agreements, informal negotiations, or written acknowledgments concerning asset distribution among beneficiaries. 
13. Copies of beneficiary requests or objections regarding estate management or executor decisions. 
14. I am requesting a copy of Beatrice Horions Last Will and Testament prior to the document signed on October 26, 2019.  
15. The Last Will and Testament of Beatrice O. Horion, presented to the court, is flawed in numerous ways. Diane Horion Lee retained a disbarred attorney who represented himself as a member of the Tennessee Bar in good standing. A 90-year-old dementia patient could not fully comprehend the fraudulent nature of this representation. Plaintiff is seeking all information related to the engagement of Mr. Kennedy in this matter. Plaintiff is seeking all information including official representation contracts, invoices, all notes, and any other relevant correspondence including emails and mailed information. 
16. Plaintiff wants records of any additions or amendments of the Last Will and Testament submitted to the Probate Court. None of the pages submitted were initialed by Beatrice Horion. The document could have been easily altered without her confirmation of the contents of each page. I am asking for any proof that Beatice Horion understood and agreed to the contents of the document she was signing. 
17. Plaintiff is seeking any benefits beneficiaries have received from Beatrice Horion over the years exceeding $100. Plaintiff wants any access granted to resident’s benefits including golf, Yacht Club, meals, or any other amenities Diane or Michael Lee or other beneficiaries enjoyed as a result of Beatrice Horion’s residence at Tellico Village. Michael Lee had a conflict of interest as a witness to this document. He is a direct beneficiary of the Last Will and Testament. As the named executor in waiting, he had a direct benefit to urge Beatrice to sign the document without fully understanding the contents. 
18. Plaintiff is seeking any records detailing Sally H. Little of 8825 Mallow Drive, Knoxville, Tn, 37922 knowledge of Beatrice Horion’s diagnosed dementia of years earlier. Plaintiff is seeking information on any compensation for this witness process.  
19. Plaintiff is asking the executor to issue a HIPPA Compliant Authorization and an Authorization to Release Confidential Information allowing me access to my mother’s health information (Form Attached). This authorization will help the Plaintiff determine the full picture of my mother's capacity to comprehend the nature of the transaction she was signing. We anticipate deposing her medical team and caregivers to determine her capacity to understand the nature of this transaction.  
20. Plaintiff is seeking any documents that confirm Beatrice Horion’s residence changing from 144 Tooweka Circle or the assisted living facility to either of Diane Lee’s personal residences. According to Susan Ross, Diane Horion Lee has had access to Beatrice Horion’s financial affairs for over twenty years. An online search of public records shows Beatrice Horion residing at multiple addresses that Diane controlled. My online search showed my mother residing at properties controlled by Diane Horion Lee while my mother was living at her home or in an assisted living facility. Diane may have used Beatrice’s name, credit, and money without proper authorization. Susan Ross informed me that my mother never resided at either address. When did my mother actually live at Diane’s home? 
21. Plaintiff is seeking a current copy of my mother's credit report. I am asking the court to order Diane to provide all documentation regarding any loans, credit inquiries, and other issues discussed in the report.  I am asking the court to order Diane to have the credit reporting agencies send me a copy of this information directly. 
22. Plaintiff is seeking five years of all bank statements, brokerage accounts transactions, loan documents, real estate transactions, real property sold, and a complete financial statement. The requested documents must include copies of both sides of every transaction. The front and back of every check needs to be included. 
23. Plaintiff is seeking an inventory of all my mother’s individual property as of the signing of the contested will. I am asking for a current inventory of all remaining individual property. Diane needs to provide the documents involved in the sale of all private property. 
24. Plaintiff is seeking a copy of Beatrice Horion and Diane Lee’s trust documents if full. This information must include the original trust documents, any alterations, any amendments, and a complete accounting for all transactions associated with this account. 
25. Plaintiff is seeking a copy of every real estate transaction noted in the properties associated with Beatrice Horion’s name. These property documents must include all final closing statements, deposit and sale transactions, and all escrow instructions. 
26. Plaintiff is seeking a detailed accounting of any money, real property, or other valuables that were given to anyone. I need a detailed explanation of the authorization for these disbursements. Susan Horion Ross has expressly told me that she has received numerous items belonging to Beatrice before her death. It is not a matter of if individual property was disbursed it happened. I am asking for a full accounting report including pictures, and official documentation of their value at the time of their dispersal. 
27. Plaintiff is seeking Income Tax filings for the last five years for Beatrice Horion. There is an enormous discrepancy between the income discussed by both my sisters. Susan Ross has told me that all my mother's assets are gone. Susan told me there is nothing left of my mother’s lifetime of wealth.  
28. Plaintiff is seeking any disbursements that were listed as taxable income, gifts, or not listed at all. All the beneficiaries need to be given documentation in either case.  
29. Plaintiff is seeking any documentation of employment contracts and SSI payments for employment disbursements. Any other transaction needs to be accounted for as a gift and taxed accordingly. 
30. Plaintiff is seeking information on any life insurance policies on Beatrice Horion.  I want all the details of any insurance policies. 
31. Plaintiff is seeking a copy of all correspondence associated with my mother’s estate. Susan Horion Ross has told me about two years of correspondence related to my mother’s estate. I want to be sure that all this documentation is included in this set of records. 

Testator’s Health & Capacity 

1. All medical records relating to the testator’s cognitive health in the five years before executing the will. 
2. Prescription medication records from the testator’s physician or pharmacy. 
3. Any psychological evaluations or assessments performed on the testator. 
4.  Stronger Medical Evidence: The petition should include medical records showing the testator’s cognitive decline. 
5.  Plaintiff seeks any evidence from expert testimony from neurologists or psychiatrists to prove the testator was unable to make informed decisions. 
6. Plaintiff seeks expanded witness testimony such as statements from caregivers, family members, and doctors who observed the testator’s mental state. 
7.  Plaintiff is seeking testimony from individuals who interacted with the testator around the time the will was executed. 
8. Plaintiff is seeking a detailed Timeline of Dementia Progression 
9. Plaintiff is seeking a chronological record of the testator’s mental decline over the six-year period prior to the execution of the Will on October 26, 2019. 
10.  Plaintiff is seeking documentation of any legal or financial decisions made during this time to show inconsistencies. 

Focus on Undue Influence & Fraud 

Will Execution & Related Documents 

1. Beatrice Horion was very vulnerable, the case may emphasize manipulation by beneficiaries or advisors. 
2. Any suspicious changes to the will should be scrutinized. 
3. Copies of all versions of the testator’s will, including prior wills revoked or modified. 
4. Plaintiff is seeking any written communications between the executor and beneficiaries concerning estate decisions. 
5. Plaintiff is seeking documents related to meetings or discussions where the will was drafted or modified. 

Financial Transactions & Estate Management 

1.  Plaintiff is seeking banking records showing financial transactions between the executor and primary beneficiaries. 
2. A detailed inventory of estate assets compiled by the executor shared with my fellow beneficiaries. 
3. All estate financial statements, including records of distributions made to beneficiaries. 

Loan Applications & Use of Personal Information 

1. Plaintiff is seeking any documents where Diane or Michael Lee used Beatrice Horion’s contact details, financial resources, credit history, or residency declaration at any of the Lee family’s addresses when applying for loans against their properties. 
2. Plaintiff is seeking to fully review of my mother’s financial records to reconcile inconsistencies regarding her long-term insurance policy, pension, and overall financial status. 
3.  My mother maintained a long-term insurance policy intended to cover assisted living expenses. Susan Ross stated that she paid her premiums were current at the time Beatrice moved into assisted living. Initially, Susan Ross claimed that my father’s pension covered all fees associated with Bearice’s assisted living costs. However, she later indicated that the pension continued beyond my mother’s residency in assisted living. Plaintiff is seeking information about the amount of money from my father’s pension that was used to pay for Beatrice Horion’s assisted living expenses. 
4. Susan Ross stated that my mother’s pension disbursement was approximately $60,000 per year. Sue refused to discuss how these funds were allocated. Plaintiff is seeking the actual value of my father’s pension after his death. 
5. Diane’s LinkedIn profile suggests an income of $250,000 annually Plaintiff is seeking the source of this income. 
6. Plaintiff is seeking records of all Beatrice Horion’s assets at the time of her death. Susan Ross reported that all of Beatrice Horion’s financial assets were spent prior to time of her death. 
7. Plaintiff is seeking the total income, including funds received from my father’s pension and other investments annually for the last ten years. 
8. Plaintiff is seeking the amount of money withdrawn from Beatrice Horion’s  income over the years by any of my fellow beneficiaries. This report needs to include the time, date, name, and use for each transaction. 
9.  Plaintiff is seeking compensation contracts allowing Diane Lee to allocate to herself and/or Michael Lee funds for managing my mother’s affairs. 
10. Plaintiff is seeking all Estate distributions & correspondence. 
11. Plaintiff is seeking detailed report on the amounts; methods of distribution and timelines of all funds distributed to my sisters. 
12. Copies of any correspondence between my sisters regarding outstanding estate funds and related matters. 
13. Plaintiff confirms “Documents" refers to any writings, emails, text messages, financial records, medical records, contracts, or electronically stored information relevant to this case. 
14. Defendant must provide legible copies of all requested documents. 
15. If Defendant objects to any request, they must provide a written explanation stating the reason for the objection in an affidavit. 

PLAINTIFF’S FIRST SET OF INTERROGATORIES TO DEFENDANT 

Pursuant to Rule 33 of the Tennessee Rules of Civil Procedure, Plaintiff hereby requests that Defendant respond under oath to the following interrogatories within 14 days of service. 

These interrogatories must be answered fully and truthfully. 

1. If an interrogatory cannot be answered in full, answer to the best of your ability and explain why full information is unavailable. 
2. If you object to an interrogatory, state the specific reason for your objection. 
3. Testator’s Mental Capacity; Describe the testator’s mental and physical condition in the year prior to executing the will. 
4. Can Defendant provide a list of all medical professionals who treated the testator within five years of the will’s execution. 
5. Were any medications prescribed to the testator that could have affected their decision-making ability? 
6. Undue Influence; Can Defendant identify all individuals present during the signing of the will. 
7. Did any beneficiaries assist in drafting or modifying the will? If so, specify their role. 
8. Were any financial transactions made between the testator and primary beneficiaries before the will’s execution? 
9. Fraud & Misrepresentation: Was the testator fully informed about the contents of the will before signing? 
10. Were any prior wills revoked, altered, or destroyed in the testator’s presence? If so, provide details. 
11. Identify anyone who may have discouraged the testator from including certain individuals as beneficiaries. 
12. Executor’s Role & Estate Management; What actions have you taken to inventory and value estate assets? 
13. Susan Ross has asserted that at the time of our father's passing in 2002, Beatrice struggled to manage basic financial tasks, such as balancing a checkbook and handling household expenses. Is there evidence to support this claim? 
14. Susan Ross has characterized our father as an extravagant spender, suggesting that he left our mother in severe financial distress. Does this assertion accurately reflect the financial situation following his death? Are there financial records available from that period that could clarify the circumstances? 
15. At what point did Diane Lee assume full responsibility for managing Beatrice’s finances? 
16. Did Diane Lee sign any documents with my mother’s signature? Specify the instances where this practice occurred. 

 Beatrice O. Horion's legacy needs to be discussed with just the facts from an expert forensic audit. This motion was filed in the civil case asking for a professional examination of my mother's finances.

 Objections to Estate Accountings Under the Law | Probate Law Center | Justia 

 Petition for Forensic Audit of Estate of Beatrice O. Horion 

To the Honorable Judge Michael Pemberton, 

Introduction: 

I, Dennis Horion, am the son and beneficiary of the estate of Beatrice O. Horion. I am writing to respectfully request a forensic audit of the estate due to concerns about the management and administration of the estate’s assets. 

Background: 

1. Deceased’s Information: 
2. Beatrice O. Horion 
3. Date of Death: March 5, 2024 
4. Estate Case Number: Circuit Case # 2024-cv-85 
5. Executor’s Information: 
6. Name: Diane Lee 
7. Address: 122 Tahlequah Lane 

                 Loudon, TN 37774 

Reasons for Requesting Forensic Audit: 

1. Unexplained Financial Discrepancies: 
2. Diane Lee has refused to supply the financial records of my late mother. She is spending considerable resources to avoid sharing financial information that could easily clear up numerous irregularities noted in the research of public records. Attorney Kristopher Frye has been unable to convince Diane Lee to act as a responsible executor as required by Tennessee Law. 
3. Diane Lee nor Susan Ross have made no effort to reveal the status of the financial disbursement of funds to any of my fellow beneficiaries. Their information concerning the financial accounting of my mother’s estate is opaque and radically different. Neither party can agree on anything beyond their efforts to stop me from asking tough questions.  
4. No one can answer questions about the entire finances surrounding my mother's income and assets. The criminal investigation has limited capability and expertise to conduct a full scall financial audit. An audit needs to be conducted of all the beneficiaries including their direct benefits and tax implications received from Beatrice O. Horion or her beneficiaries before and after her death. 

           It will take a financial expert to testify on the exact nature of all financial transactions  transactions dating back to a loan against my mother’s home at the same time as a new car was purchased in 2006. A complete analysis needs to be done by an expert capable of auditing these revenues and expenditures to determine their validity. 

This work cannot be limited to investigating elements related to the criminal statute of limitations. The difference between guilty beyond a reasonable doubt and guilt by the preponderance of the evidence is the guide between the criminal investigation and a civil procedure in circuit court. My mother’s legacy needs a full accounting by a qualified professional. 

 My concerns are presented in numerous filings recently submitted to the court. I am now asking for a professional to examine all the issues discussed in my prior filings with the court. 

Request: 

Given the above concerns, I respectfully request that the court order a forensic audit of the estate to ensure that all assets have been properly accounted for and managed in accordance with the law. I believe that a forensic audit is necessary to protect the interests of all beneficiaries and to ensure the integrity of the estate administration process. 

Conclusion: 

I appreciate the court’s attention to this matter and am available to provide any additional information or documentation that may be required. Thank you for your consideration. 

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MOTION FOR REMOTE HEARING
Comes now the Petitioner, Dennis Horion, and respectfully petitions this Honorable Court to grant a remote hearing in the above-captioned case. In support of this motion, the Petitioner states as follows:

1. Dennis Horion acting pro se is the son and beneficiary to the Estate of Beatrice O. Horion.
2. Probate Case Contest is challenging the legitimacy of the Last Will and Testament and all subsequent actions after this corrupt transaction.  .
3. The grounds for this motion are as follows:
   a. I have attended two hearings requested by the Estate of Beatrice O. Horion.  

The first was to inform me of the document needed to prove I had mailed all the answers to this meeting. Judge Dale graciously explained the proper procedure to serve all parties concerned. The mailings were correctly distributed as requested immediately after this session.  I was given all the correct service addresses to my fellow beneficiaries in the follow up judicial order which I did not have prior to this document.  

  This meeting was at the Loudon County Probate Court. This session was only attended by myself and Attorney Kristopher Frye. Attorney Frye could have discussed this procedural error with me by telephone or email. Instead, he chose to ignore the substance of my efforts and focus on the procedural shortcomings. It was an attempt to intimidate me and cost me valuable resources to make this appearance. 

The second appearance was a request by Attorney Frye to quash a subpoena for documents allowed under Tennessee law. In an earlier conversation, he agreed to have executor Diane Lee gather the requested documents allowed under Tennesse law. His motion to quash was mute once Judge Dale moved the case to Loudon County Circuit Court. 

  I am a 72-year-old man operating a victim’s advocacy program with therapy horses. My obligation to care for three working dogs and two therapy horses does not stop while I attend required hearings in Tennessee. My partner is tasked with cleaning up behind all the horses and dogs while taking care of my regular responsibilities. 

 These trips cost me $200 in car rental expenses, $100 expense for a local hotel, two days of driving 5 hours a day for a total of 500 miles, and the fatigue associated with these trips. It has been a complete waste of money and time. Attorney Frye agreed to cooperate with me to avoid wasting my time and resources at our last court session.
4. The Petitioner proposes to use zoom or another easily acceptable format for remote hearings. This request is especially important given the numerous requests being generated by me due to the criminal investigation of my family members in this estate case.

WHEREFORE, the Petitioner respectfully requests that this Court grant a remote hearing in the above-captioned case.

In Tennessee, a motion to stay civil proceedings pending the resolution of a criminal case can be filed to pause the civil case until the criminal matter is resolved. This is often done to protect the defendant’s rights in the criminal case, as proceeding with the civil case might force them to reveal their defense strategy or incriminate themselves.

The Tennessee Rules of Civil Procedure, particularly Rule 62, outline the conditions under which a stay of proceedings can be granted12. However, it’s important to note that there is no automatic requirement for a civil proceeding to be stayed pending the outcome of a criminal case3. The decision to grant a stay is typically at the discretion of the court, which will consider factors such as the interests of justice, potential prejudice to the parties, and the specifics of the cases involved.

MOTION TO STAY PROCEEDINGS

Comes now the Petitioner, Dennis Horion, and respectfully petitions this Honorable Court to stay the proceedings in the above-captioned case pending the resolution of a related criminal case. In support of this motion, the Petitioner states as follows:

1. Dennis Horion is the Son and Beneficiary to the Estate of Beatrice O. Horion.
2. Probate Contest Case.
3. Loudon County Sheriff Criminal Case # Case Number 20240930119  

Skylar R. Mills, Sergeant Detective,  

Phone: (865) 986-4823 ext. 356 

Email: smills@lcsotn.org 

Web: https://lcsotn.com/ 

4. The grounds for this motion are as follows: 

1. There is an overlap of issues between this civil case and the criminal investigation that can interfere with the integrity of each case. 
2. The civil case may prejudice the criminal case in the event of an adverse finding. 
3. Defendants must avoid self-incrimination as they must testify in depositions and civil court proceedings. 
4. Defendants will avoid legal subpoenas to appear or produce documents.] 
5. My search for the truth can be adversely hampered without benefit to either party involved. I would expect the witness exercising their right to invoke their constitution right against self-incrimination can lead a civil jury to be prejudiced against a person of interest in the criminal investigation.  
    
   WHEREFORE, the Petitioner respectfully requests that this Court stay the proceedings in the above-captioned case until the resolution of the related criminal case.

If the executor is incompetent or dishonest, the court can remove them. However, the beneficiary needs to prove this to the probate court to remove the executor. To remove the executor, there must be adequate evidence convincing the judge that the executor is incompetent. You will need to gather documents and testimonies as proof for removal.

States differ on the acceptable reasons to have an executor removed. These are some of the considerations the courts factor. When the executor:

• Cannot carry out the duties assigned;
• Refuses to comply with the court’s order;
• Uses the estate funds for personal expenses and other improper uses;
• Does not keep an accurate account of the estate funds;
• Grossly mismanaged the estate property;
• Is convicted of a crime;
• Was under undue influence; or
• Fails to comply with the will’s terms.

PETITION FOR REMOVAL OF EXECUTOR

Comes now the Petitioner, Dennis Horion, and respectfully petitions this Honorable Court for the removal of Diane Horion Lee as executor of the estate of Beatrice O. Horion. In support of this petition, the Petitioner states as follows:

1. Dennis Horion is Beatrice O. Horion’s Son and Beneficiary of the Estate.
2. Diane Lee was appointed as executor.
3. The grounds for removal are as follows:
a. Diane Lee employed a disbarred attorney, who acted as the attorney of record, to have Beatrice O. Horion sign a Last Will and Testament in October 2019. She did not inform the parties to the transaction that she had hired an attorney accused of fraud and theft in probate cases by the Tennessee Bar Association. The entire transaction was compromised from the outset. 

b. Diane Lee did not have our mother's initial on every page of the document to ensure that the original documents were submitted to the court. Diane held the document in her exclusive control instead of with a reputable law firm. 

c. Witnesses are expected to be disinterested parties to a transaction. Michael Lee was listed as the backup executor and a witness.  Michael’s role represented a conflict of interest. 

d. Diane gave herself sole rights to determine every aspect of the distribution of assets and ongoing revenue from my mother’s money. Diane took advantage of a woman who had received a dementia diagnosis allegedly six years prior to the signing of the Last Will and Testament. Beatrice Horion’s ability to comprehend and execute a complex legal document is severely in question. 

e. Diane had total control over my mother's affairs. As she slipped into a chronic illness, Diane exerted undue influence over her care and treatment. My mother was at the mercy of Diane’s decisions about her entire life. My sister, Susan Horion Ross, told me that Diane bragged about her ability to get our mother to sign anything she put in front of her. 

f. No consequences have been given to any parties to this agreement for the crooked nature of the transaction. Diane needs to be removed as executor immediately and a full forensic study of my mother’s finances needs to be conducted under the direction of an Administrator Ad Litem. 

2. Diane created a Revocable Trust for the asset sale of my mother’s life’s work. Sue told me that Diane had placed herself in sole control of the money and she had offered her a reduced settlement amount of the proceeds from my mother’s home sale. Diane told Sue that she could accept $100,000 of the $500,000 sale price and forfeit any other money from her share of the house proceeds. Diane is reputed to have threatened to keep the trust open for the full five years and spend every dime without giving her anything. This dispute goes to the issue of intent to commit fraud in this case. Diane has refused to share the initial trust documentation, financial transactions, or current balance of this fund. Diane is allegedly paying herself $25,000 per year to manage the trust. 

3. A public records check shows Beatrice Horion as having resided at multiple addresses owned by Diane Lee.  It seems to indicate that Diane may have used my mother’s assets and financial information to advance her fiscal interests. I have asked Diane for a complete credit history from a recognized credit reporting company to investigate every time my mother’s good name was used to advance the personal lifestyle of my fellow beneficiaries. Diane has refused to comply with this request. 

4. All five of my fellow beneficiaries have purchased new homes since this Last Will and Testament has been signed. It seems like everyone participated in the proceeds of my mother's estate. Most of the transactions happened within a year of the sale of her house. These purchases were made seven months before her death. 

5. At the time of my mother’s death, Sue told me that all the liquid assets of my mother have had been distributed. She told me that my mother had nothing of value and that she only received a pension from my father valued at $60,000 a year. At the same time Diane is stating in her personal profile that she had an income of $200,000 a year from a fake company. Sue told me my mother had dementia for ten years prior to her death. It is impossible for my mother to need two cars and a robust social calendar under the circumstances. The whole scheme motivated me to seek answers about my mother’s life and death. 

  Susan Ross started fabricating stories immediately after notifying me of my mother’s passing. Diane has refused to speak to Susan or myself since my mother’s death. She is hiding behind Attorney Kristopher Frye who has been using delaying tactics and a complete lack of knowledge as his weapon to dissuade me from finding the truth in this case. His efforts reflect the instructions from Diane to grind this case on as long as possible. 

  The Sheriff’s Investigators saw enough evidence in this case to pursue a criminal investigation. Diane has two options. She can offer the requested documents and jeopardize her position in the criminal case or continue to hide behind my mother’s estate attorney. It is impossible to prepare for a civil trial under the current circumstances. Diane needs to be removed as executor for me to prepare for a jury trial. 

WHEREFORE, the Petitioner respectfully requests that this Court remove Diane Lee as executor of the estate of Beatrice Horion and appoint a suitable replacement.

Tennessee courts, if they follow the law, which they usually do, are very disinclined to make a party do something or to make a party refrain from doing something until the usual legal processes which occur after a lawsuit has been filed have taken place. The usual processes, which typically take many months, are an initial round of pleadings and motions, an opportunity for each party to engage in discovery, and the occurrence of a trial (if one of the parties has not shown that it has a strong enough case that it is entitled to a summary judgment or dismissal).

There are situations in which Tennessee courts are authorized to, and will, grant what is referred to as “extraordinary relief” or “injunctive relief” on an emergency or semi-emergency basis. Such relief comes in the form of temporary restraining orders (“TROs”) and temporary injunctions, sometimes also called emergency injunctions. Temporary restraining orders and temporary injunctions are almost always granted at the outset of litigation in order to prevent irreparable harm to a party.  (Permanent injunctions are granted after a trial or dispositive motion and are not discussed in this blog.)

The notion behind TROs and temporary injunctions is that, in some situations, if a party has to wait on the usual legal processes to occur, even if it wins, it will suffer damages or harm that cannot be remedied even by an award of money damages.

MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION

Comes now the Petitioner, Dennis Horion, and respectfully petitions this Honorable Court for a Temporary Restraining Order and Preliminary Injunction to freeze the estate funds of Beatrice O. Horion. In support of this motion, the Petitioner states as follows: 

Dennis Horion is a beneficiary of this estate contesting the Last Will and Testament. 

Diane Horion Lee is the Executor of this Estate. 

Grounds for this motion are as follows: 

I received an email from Detective Mills informing me that the Loudon County Sheriff’s Office has opened an official criminal investigation into the suspected mismanagement, fraud, and elder abuse against Executor Diane Horion Lee. Ms. Lee has been carefully conducting her duties to the detriment of the other beneficiaries and my mother prior and after her death.  

  Despite numerous official court submissions and private conversations with estate attorney Kristopher Frye, I have been unable to obtain information offered to me under Tennessee law. I have not received any assurances that my mother’s estate would not be used to fund Ms. Lee’s criminal legal defense expenses. Mt Frye has been warned about offering his legal services to Ms. Lee as a part of his handling of my mother’s estate. 

  I have outlined the specifics of my concerns on my web site at Horion Family Treachery (zorrow.org).  I have also shared this information on social media at www.facebook.com, Tellico Gossip. After meeting with Loudon County Sheriff’s Office Deputy Chief Chris Hutchens and two Detectives, an official investigation was initiated with Sergeant Mills assigned as lead investigator.  

  This criminal investigation signals a drastic intervention in the management of my mother’s estate. I am asking the court to immediately halt all disbursements of funds from my mother’s estate. In addition, I am asking that the court assign an Administrator Ad Litem to manage the estate. These actions will ensure the integrity of the proceedings coming before your court.  

  Ms. Lee’s failure to provide requested information as provided under Tennesse law, estate attorney Kristopher Frye’ s decision to delay release of any relevant information, and both parties' willingness to spend money from my mother’s estate to delay the release of information requires immediate intervention by the court. An independent administrator can assure all parties that any expenditures will stop immediately. 

  It is important that the civil case before you does not interfere with the criminal case against Diane Horion Lee.  

Case Number 20240930119 

Wednesday 9/4/2024 8:32 AM 

Skylar R. Mills 

Sergeant Detective 

Phone: (865) 986-4823 ext. 356 

Email: smills@lcsotn.org 

Web: https://lcsotn.com/ 

WHEREFORE, the Petitioner respectfully requests that this Court issue a Temporary Restraining Order and Preliminary Injunction to freeze the estate funds of Beatrice Horion until further notice.

Beatrice Horion Estate Contested Case Assigned to Civil Court  

Circuit Court Case # 2024-cv-85 

Jury Trial Option Selected 

9th Judicial District Circuit Court Judge
Judge Michael S. Pemberton
1000 Bradford Way, Ste 400
P.O. Box 400
Kingston, TN 37763-0400
Phone: (865) 376-5776
Fax: (865) 376-9051
Administrative Assistant, Jeff Money 

Beatrice Horion Criminal Investigation Information 

Case Number 20240930119 

Skylar R. Mills 

Sergeant Detective 

Phone: (865) 986-4823 ext 356 

Email: smills@lcsotn.org 

Web: https://lcsotn.com/ 

Russell Johnson
9th District Attorney General 

(Roane, Loudon, Morgan & Meigs Counties) 

1008 Bradford Way 

Kingston, TN  37763 

(865) 376-2145 ext. 106
(865) 376-2148 fax 

www.9thdag.com 

8/30/2024 

Dear Mr. Johnson, 

 Your email to me on August 27 at 11am was written while I was meeting with Deputy Chief Hutchins of the Loudon County Sheriff’s Office and his team to discuss my concerns about the facts around my mother’s estate. I want to bring you up to speed on the status of my mother’s legacy investigation. Before I review the status of my efforts on multiple fronts, I feel compelled to respond to issues discussed in your email. 

In your email you stated I demanded to meet with you. I never demanded a meeting with you. I have no desire to go to Kingston, Tn and waste my time asking you to do your job. I never issued a demand of any kind. That kind of language is best left to attorneys seeking to project power and confrontation instead of collaboration and solutions. 

 You explicitly stated that “on its face” the issues involved were the responsibility of the Probate Court to determine and adjudicate. Just hours before writing your email, Probate Judge Dale informed me that my contest case was being transferred to Circuit Court for a jury trial. My mother’s estate attorney’s effort to quash my subpoena for evidence was considered mute. The issues of criminal fraud and abuse presented have nothing to do with a probate contest in my mother’s situation. “On its face” is not an educated position for a Prosecutor to rely on when it comes to major felonious conduct. 

 I state in my letter to your office that I was asking you to coordinate prosecution with Investigators from both Knox County Sheriff’s office, Loudon County Sheriff’s office, and Federal Authorities. Sheriff Davis’s Investigator approached me before my recent court appearance to offer to meet with me after my court appearance at the same time you were authoring your email. Deputy Chief Hutchins and two Investigators from the Loudon County Sheriff’s office determined that there was enough evidence to initiate an official investigation into the matter. I never asked you or your office to conduct an investigation. 

 The District Attorney from Knox County assigned her Chief Investigator as a contact person to address my concerns. I have been in contact with the Knox County Sheriff’s office on multiple occasions about this case. I told an investigator I was sending a subpoena to my mother’s estate representatives for documents that would also be needed in any criminal investigation. I asked him the length of time I should request for these documents. He asked for five years, and I put that in my subpoena as requested. I am asking criminal investigators to join me in accepting the information obtained by this effort. Your office can confirm this document sharing is legal under Tennessee Law. 

 You asked several questions about the nature of my relationship with my family, my sister’s fiduciary responsibilities, my mother’s medical care over the ten years of her reported dementia, the crooked nature of the Last Will and Testament, and the location of all the crimes involved in this case. Most of the answers to these questions have been addressed on my advocacy web site Horion Family Treachery (zorrow.org) or my Facebook page Facebook.   

 I have been pursuing all available public information from online searches. I have been working long hours to seek public support for my search for justice. Public sharing of information has been instrumental in seeking justice and information. A combination of hundreds of mailers via USPS, all three of my websites, and Facebook have proven crucial to developing leads and holding my family accountable for their actions.  

 I certainly agree with your advice that I desperately need an attorney. I have not found an attorney willing to take my contest case on contingency. My stated inheritance is not enough to entice any attorney to risk their time and reputation helping me contest my mother’s Last Will and Testament. I am indigent while facing an Attorney funded by my mother’s estate. Justice is an elusive goal. I will continue to do the best I can with the limited resources available over the internet. I am tenacious with a long history in the criminal justice realm Missionary Dennis Horion (zorrow.org). I will not fail due to lack of effort.  

 I have asked the Loudon County Sheriff’s office to join me in discussing the status of the criminal investigation when I meet with the Circuit Court Judge assigned to this case. I do not want to hinder the search for criminal justice due to conflicts of interest with the civil proceedings. Any advice on prioritizing the criminal case over the civil would be appreciated. 

A complete investigation of the criminal investigation may well extend to three counties in Tennesse, one defendant in Georgia, and two defendants in Texas. My letter to you specifically asked for your assistance in looking at the big picture to develop a strategic plan to prosecute the full range of crimes. Some of these issues will have problems with the statute of limitations. It is important to bring issues to a grand jury in a timely fashion.  

It is important to take a seasoned professional like yourself to pave the way for success. As I stated to Loudon County Sheriff’s representatives, my mother’s estate lawyer, and my online postings, this effort is not a vendetta but a search for the truth. My mother did not receive a memorial service due to the family bickering over her money. Beatrice Horion was the victim in this situation. I am told she cried every day for the last two years of her life. She felt abandoned to an incarceration situation. All this was happening while her family was stealing her cash and assets for obvious personal gain. 

 I left this toxic family situation for reasons clearly stated in postings on my web page Horion Family Treachery (zorrow.org). I told my father that we would be in this exact situation if he put Diane in charge of my parents' estate. The only question now is the legitimacy of her actions under state and federal laws.  

 Please feel free to contact me with any questions or concerns. 

Sincerely, 

Dennis Horion 

 Facebook 

Facebook Family in Loudon County Tennessee Gave Beatrice Horion's Fraud and Elder Abuse Case Life!
https://zorrow.org/horion-family-treachery

 Sheriff Jimmy Davis looked over my evidence on this new Facebook page and had his staff reach out to me to address my concerns.

Deputy Chief Chris Hutchens of the Loudon County Sheriff's Department met with me and two experienced Investigators to listen to me and assure me an investigation into my evidence would be conducted. He has assigned Investigator Mills to be the lead person on my mother's fraud and elderly abuse case.

Investigator Mills Is currently investigating a similar case as my mother's situation. I feel comfortable that he will be diligent about getting to the facts in this case. I will be updating this post once I receive a case number from Chief Hutchens.

 I will be posting the complete results of my journey to Tennessee to my advocacy web site over the next 24 hours. I encourage anyone with information to contact the Sheriff's Department in Loudon County at 865-986-4823 and ask for Investigator Mills.

Thank you, Facebook family!

https://zorrow.org/horion-family-treachery
https://zorrow.org/horion-family-treachery

Facebook Ad Results in two days.

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Diane Horion Lee Hides Behind Local Attorney Kristopher Frye instead of sharing estate Information willingly! Horion Family Treachery (zorrow.org) 

Sheriff Tom Spangler of Knox County ties up investigators time seizing money to support his expensive helicopter flying addiction! Boys and Their Toys!  https://knoxsheriff.org/aviation/

Knox County Sheriff's Investigators unwilling to appear in Loudon County Probate Court after being subpoenaed to appear. Investigators dropped the ball and had no investigation work to share with the court! Hired Help Goes MIA! Police Dogs Searching for the missing investigators! 

Subpoena Request for August 27,2024 court date Diane Horion Lee ignored since criminal conduct may be included in the information! 

  I am asking Diane Horion Lee to deliver to the court all the documents listed below as discussed in the contested will filings. These documents will be vital to assess the full scope and nature of the status hearing before the court. I am asking the documents to be delivered to 10 Macon Street, Monticello, GA 31064 at least two weeks prior to our next scheduled hearing on August 27, 2024.  

Last Will and Testament Issues  

 The Last Will and Testament of Beatrice O. Horion, presented to the court, is flawed in numerous ways. Diane Horion Lee retained a disbarred attorney who represented himself as a member of the Tennessee Bar in good standing. A 90-year-old dementia patient could not fully comprehend the fraudulent nature of this representation. I am formally asking for all information related to the engagement of Mr. Kennedy in this matter. I am asking for all information including official representation contracts, invoices, all notes, and any other relevant correspondence including emails and mailed information.  
 None of the pages submitted were initiated by Beatrice Horion. The document could have been easily altered without her confirmation of the contents of each page. I am asking for any proof that Beatice Horion understood and agreed to the contents of the document she was signing.  
 Michael Lee had a conflict of interest as a witness to this document. He is a direct beneficiary of the Last Will and Testament. As the named executor in waiting, he had a direct benefit to urge Beatrice to sign the document without fully understanding the contents.  
 Sally H. Little of 8825 Mallow Drive, Knoxville, Tn, 37922 needs to be deposed to question her knowledge of Beatrice Horion’s diagnosed dementia of years earlier. I want to know the reason this person was asked to witness the signing of the last will and testament. We are asking for information on any compensation for this witness process. We need to explore the exact reason Ms. Little was asked to do this chore.  
 I am asking the court to compel the executor to issue a HIPPA Compliant Authorization allowing me access to my mother’s health information. This authorization will help the court determine the full picture of my mother's capacity to comprehend the nature of the transaction she was signing. We need to depose her medical team and caregivers to determine her capacity to understand the nature of this transaction. The Knox County Sheriff’s Investigator has asked to see this information before pursuing a criminal case in this matter.  
 I am asking the court to dismiss the validity of this Last Will and Testament. I am asking the court to use the Last Will and Testament properly executed before Beatrice Horion’s dementia diagnosis.  

Financial Documents  

 According to Susan Horion Ross, Diane Horion Lee has had access to Beatrice Horion’s financial affairs for years. An online search of public records shows Beatrice Horion residing at multiple addresses that Diane controlled. My online search showed my mother residing at properties controlled by Diane Horion Lee while my mother was in an assisted living facility. Diane may have used Beatrice’s name, credit, and money without proper authorization.  
1. I am asking for a current copy of my mother's credit report. I am asking the court to order Diane to provide all documentation regarding any loans, credit inquiries, and other issues discussed in the report. I am asking the court to order Diane to have the credit reporting agencies send me a copy of this information directly.  
2. I am asking for five years of all bank statements, brokerage accounts transactions, loan documents, real estate transactions, real property sold, and a complete financial statement. The requested documents must include copies of both sides of every transaction. The front and back of every check needs to be included.  
3. I am asking for an inventory of all my mother’s individual property as of the signing of the contested will. I am asking for a current inventory of all remaining individual property. Diane needs to provide the documents involved in the sale of all private property.  
4. I am asking the court to order a copy of my mother's trust documentation in full. This information must include the original trust documents, any alterations, any amendments, and a complete accounting for all transactions associated with this trust.  
5. I am asking for a copy of every real estate transaction noted in the properties associated with Beatrice Horion’s name. These property documents must include all final closing statements, deposit and sale transactions, and all escrow instructions.  
6. I am asking for a detailed accounting of any money, real property, or other valuables that were given to anyone. I need a detailed explanation of the authorization for these disbursements. Susan Horion Ross has expressly told me that she has received numerous items belonging to Beatrice before her death. It is not a matter of if individual property was disbursed it happened. I am asking for a full accounting report including pictures, and official documentation of their value at the time of their dispersal.  
7. I am asking for Income Tax filings for the last five years for Beatrice Horion. There is an enormous discrepancy between the income discussed by both my sisters. Susan Horion Ross has told me that all my mother's assets are gone. Susan told me there is nothing left of my mother’s lifetime of wealth.  
8. It is important to identify if disbursements were listed as taxable income, gifts, or not listed at all. All the beneficiaries need to be given documentation in either case. I am asking for documentation of employment contracts and SSI payments for employment disbursements. Any other transaction needs to be accounted for as a gift and taxed accordingly  
9. I am asking for information on any life insurance policies on Beatrice Horion. I want all the details of any insurance policies.  
10 I am asking for any compensation authorizations for Diane Horion Lee to act as Executor of my mother’s estate.  
I am asking for a copy of all correspondence associated with my mother’s estate. Susan Horion Ross has told me about two years of correspondence related to my mother’s estate. I want to be sure that all this documentation is included in this set of records.  

The Knox County Sheriff’s Investigator has asked for five years records to effectively prosecute this case for financial crimes and/ or elder abuse.

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 The sign of a good business is not what you're taking in but what you're turning away. 

Diane Horion Lee is the best example of a client that a good law firm would stop representing. 

Judge Dale Ordered Will Contest Case Be

Transferred to Loudon County Probate Court for Jury Trial!

Judge Dale was fair and patient as he issued his orders from the bench. As usual, he was willing to explain the consequences of his decision and the upcoming procedural implications of his ruling. My lengthy and detailed preparation for this court session was the basis of my meeting with Loudon County Sheriff's staff.  

  Attorney Frye (pictured above) agreed to work with me to prepare for our next meeting with the new circuit court judge about the expectation from both sides going forward. He agreed to minimize my visits to Tennessee and cooperatively work out the issuance of subpoena's, depositions, and motions without rancor or adverse behavior towards each other. We can disagree without being disagreeable.

  I have confirmed my concerns that he represents my mother's estate and not Diane Lee's criminal case. Diane may have a conflict of interest as an executrix since the evidence in both cases may put her in an adverse position in her criminal case.  She may need to exercise her 5th amendment rights against self incrimination.

  I will continue to ask the court to appoint a special master to manage my mother's estate and conduct a full forensic audit to determine the current status of the assets and the historic financial transactions involved. I will be asking the court to halt any dispersal of funds Susan alluded to in our recent conversations. 

  We do not want Diane to fund her lifestyle or her personal legal bills with our mother's legacy. I am hoping for a mutual agreement to meet these goals with my mother's estate attorney.

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