Estate of Talley ex rel. Pickens v. American Legion Post 122

Introduction

The Estate of Zelma M. Talley (the Estate) appeals from the circuit court’s judgment granting the motion to dismiss of American Legion Post 122 (the Post) and dismissing the Estate’s claims against it. We reverse and remand.

Factual and Procedural Background

On April 6, 2012, Personal Representative Kenneth F. Pickens filed for Letters of Administration for the Estate in the probate court of Warren County. On September 25, 2012, the Post filed a claim against the Estate alleging it was due $4,296.71 for the overpayment of commissions to Zelma M. Talley (Decedent) between January…