Nashville songwriter Danny Tate won back control of his life and finances last year — or what was left of them.Now Tate is petitioning a Tennessee appeals court for the return of hundreds of thousands of dollars in attorney fees that were paid out of his bank account during the drawn-out court battle over whether Tate was legally competent to control his own finances.
Stripped of his legal rights by a court that ruled that his use of crack cocaine had left him incapable of managing the $600,000 in his account, Tate battled the ruling for almost three years.
In May 2010, he was found competent and the conservatorship of his estate was lifted. But by then, there wasn’t much of an estate left. The money he once had in the bank was all but gone, his credit rating was in tatters and the 2010 Nashville flood had swamped his home.
“If every musician who’s ever struggled with drugs needed a conservatorship, you’d have to lock up 70 percent of Music Row,” Tate said.
“Once they clean you out, you have no ability to seek legal recourse.”
A quirk in Tennessee conservatorship laws meant attorneys on both sides of the case drew on Tate’s estate to pay their legal fees. Attorney Michael Hoskins, who represents Tate, said he is asking the appellate court for at least $176,000 in reimbursement for legal fees, although that figure could rise.
Tate estimates his estate could be billed another $250,000 to $300,000 in outstanding legal fees. The appeals court ruling could come any time in the next six to 18 months, Hoskins said.
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Nashville Musician Danny Tate Pursues Funds Lost in Court
Correction - It's not a quirk in TN law that allows both sides to feed off of the ward. This is a an accepted practice nationally.
ReplyDeleteYep, Danny Tate's conservatorship protected him out of everything he had.
ReplyDeleteAnd Judge Randy Kennedy rubberstamped every bit of it. He should be debenched!
It's a wonderful job, if you can get it: lawyers hired and paid by a person's estate to destroy that person and loot his or her estate! And then, what is as remarkable, we depend on the Justice system, made up of lawyers, to do the right thing! What I'd like to understand, if someone can answer the question, how does rendering a person homeless, and pauperizing a person protect them? How is it destroying a person's life-long dreams--their passions--is protecting them and protecting them from who? Obviously not the attorneys or the appointed Conservators or Guardians (officers of the Court). My repeated prayers are with you Danny that you, and so many others, can find a sense of justice. What is unfortunate is that the only winners are the attorneys/ Judges who took an oath to serve and protect American citizens.
ReplyDeleteTaken as in STOLEN!
ReplyDeletePraying for you, Danny.
ReplyDeleteWhere are the TN state legislators?
ReplyDeleteHello where are you?
Are you awake?
Can you read?
CLEARLY The laws are harmful, the wording of the laws need to be trashed or changed long ago but oh wait a minute who might be stuffing mega money contributing to the legislators campaign war chests?
WHO is bribing the state lawmakers aka lobbyists yes they are overpaid with an agenda and they lobby the lawmakers to write the laws in favor of those (hey not you little people) who are paying the lobbyists = the AMERICAN WAY!
This is the SICK TWISTED process WHEREBY we the people are screwed over, harsh words? I don't think so considering what happened to Danny Tate via probate court is CRIMINAL.
How long did this TEMPORARY CONSERVATORSHIP drag on and on and on? One year? Two years? Three years?
Is it CLOSED? If not, why not?
Those who are profiting from the conservatorship INDUSTRY paid for and bought the wording and intentions of the laws governing conservatorship.
And, these vultures have their EYES on YOU!
Danny Tate got a royal screwing from the justice system. His brother is a greedy opportunist and he got lucky and found an attorney just like him.
ReplyDeleteI can't believe David Tate, Paul Housch, and Judge Randy Kennedy aren't all sharing the same cell.
ReplyDeleteI went to one of the Tate hearings and almost threw up. What a show and a ridiculous show at that. Housh is such a pompous arse and he paraded around like a fat rooster.
ReplyDeleteMeanwhile, Danny Tate was in the fight of his life. But, Kennedy didn't care. He was outwardly rude and biased. He was enjoying the cameras, so was on his best behavior. And even his best behavior was shameful.
talk about injustice now someone tell me how danny tate's life is better now than before this bs conservatorship scheme was hatched and by the way did you all see the firlm of that so called hearing on that impeach judge kennedy website? the judge made insulting remarks about catholics when he found out how many brothers and sisters in the tate family now what does religion have to do with anything? this was like a frat party i was looking for the beer kegs and cheetos the seriousness of this matter should have the attention everyone especially the attention of those who can get this judge off the bench
ReplyDeleteKeep your faith, Danny. Good eventually prevails over evil. And what they did to you was downright evil.
ReplyDeleteIf this case doesn't make a person angry, I don't know what will.
ReplyDeleteThank you for continuing to follow the Danny Tate case so we can all follow along too.
Bless you, Danny Tate.
Danny should get his money back from his brother and lawyer.
ReplyDeleteKennedy should be removed.
the article is inaccurate in many respects including the idea that Danny won back control of his estate.
ReplyDeleteThe letters of conservatorship are still in place and Danny's estate is still being looted to this day.
I have just learned of this cas and am astounded!
ReplyDelete