Wooten v. Morton

On Application for Rehearing

THOMAS, Judge.

The opinion of May 18, 2012, is withdrawn, and the following is substituted therefor.

Paul Wooten is married to Joyce Wooten. Joyce is the daughter of J.G. Horton, who died in 1992. Joyce was executrix of Horton’s estate until she began suffering the effects of Alzheimer’s disease. On March 2, 2004, the probate court appointed Paul as successor executor of Horton’s estate. Paul, in his capacity as executor of Horton’s estate, executed two executor’s deeds disposing of property owned by the estate (“the Horton estate property”) on March 2, 2004. The…