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IN THE COURT OF APPEALS OF TENNESSEE AT KNOXVILLE May 13, 2004 Session ROBERT WILLIAM ARNDTS, BY CONSERVATOR, CAROL ZELIFF, DARRELL R. SMITH, v. VIOLET A. BONNER AND TOMMY L. RAINES
Direct Appeal from the Chancery Court for Bradley County No. 01-390 Hon. Jerri Bryant, Chancellor

No. E2003-02257-COA-R3-CV Filed July 7, 2004

Action was filed by plaintiff's Conservator to recover assets transferred by his wife prior to her death. The Trial Judge awarded certain assets to plaintiff and plaintiff appealed.

Tenn. R. App. P.3 Appeal as of Right; Judgment of the Chancery Court Affirmed.

HERSCHEL PICKENS FRANKS, P.J., delivered the opinion of the court, in which CHARLES D. SUSANO , JR., J., and H. DAVID CATE , SP .J., joined.

Lyn Dechman, Chattanooga, Tennessee, for Appellant. B. Prince Miller, Jr., Cleveland, Tennessee, for Appellees.

OPINION This action was filed by Robert Arndts, by Conservator, seeking to void transfers of certain assets made by his late wife, Gladys, to her children before her death. The defendants, Violet Bonner and Thomas Raines, are the natural children of Gladys and the stepchildren of plaintiff. Plaintiff alleged that Gladys knew she had an inoperable brain tumor and made transfers of cash, CD's, a car, and realty to her children before her death on December 1, 2001. Plaintiff alleged that as a result of these transfers, he was left without assets except his social security and retirement, and that he was in a nursing home, and had no means to pay for the same, and had been denied Medicaid due to the transfer of assets. Plaintiff further alleged that defendants acted in concert with Gladys in violation of Tenn. Code Ann.

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