In re Estate of Jones
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The Supreme Court reversed the order of the circuit court denying a petition seeking the appointment of a special administrator to pursue a wrongful death claim for Dale Dean Jones's estate, holding that the court abused its discretion by failing to address certain discovery motions before deciding the petition for special administrator.
After Dale died intestate, the circuit court appointed Dale's wife, Lisa Jones, as his estate's personal representative. Douglas Jones and Jessica Jones, Dale's adult children, subsequently petitioned for the appointment of a special administrator to pursue a wrongful death claim for Dale's estate and further served discovery requests on Lisa seeking information pertaining to their petition. The court denied the petition for special administrator and determined that the discovery issues were moot. The Supreme Court reversed, holding that the circuit court denied Doug and Jessica the opportunity to develop and present evidence that may be relevant to their petition.
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