Franklin v. Franklin

Benham, Justice.

We granted appellant Hazel Franklin’s application seeking discretionary review of the trial court order holding her in contempt for her failure, as executrix of her late husband’s estate, to pay nursing home bills on behalf of appellee Martha Franklin, the former wife of Hazel Franklin’s deceased husband.

When the decedent and Martha Franklin were divorced in 1978, Martha was 65 years old and therefore eligible for Medicare benefits. The decedent agreed to pay

the necessary medical expenses of [Martha] that are incurred in excess of any Medicare claim or entitlement. [Martha]…