Monday, September 30, 2013

Disgusting.

What do you get when you mix together a former chancery clerk, over a million dollars, and an elderly man suffering from dementia or Alzheimer's?  A disgusting tale told by Jerry Mitchell in yesterday's Clarion-Ledger:

Thomas Edward Bradshaw Jr. planned to leave the bulk of his $1.6 million estate to Mississippi State University — until former Chancery Clerk Murphy Adkins became his conservator.

Months after being appointed in late 2009, Adkins drove the elderly man, diagnosed by doctors as suffering from advanced Alzheimer’s disease, to an attorney’s office, where Bradshaw signed a new will, leaving his entire estate to Adkins.

“Mr. Bradshaw executed the 2010 will under suspicious circumstances,” wrote MSU’s lawyer, Robert F. Walker. “Mr. Adkins is the sole beneficiary of the 2010 will and was in a fiduciary and confidential relationship with Mr. Bradshaw at the time the 2010 will was executed.”

Adkins told The Clarion-Ledger that Bradshaw was functioning well and told Adkins one day that he was being added to the will—something he said he never sought.

He doesn’t remember Bradshaw having Alzheimer’s, but does recall a doctor’s letter mentioning dementia, he said. “Some of us all suffer a little dementia.”

Perhaps Mr. Adkins is the one who suffers from a little dementia. One would expect a former chancery clerk to know the man was elderly and at that point not in sound mind. Whatever happened to just saying no? But I digress.

The attorney general’s office investigated the matter and concluded from watching a video of Bradshaw talking with his lawyer that the senior citizen showed “no signs of illness” in discussing the 2010 will....

Since Bradshaw had no heirs or close family members, he discussed leaving his money to a college, eventually establishing a trust for MSU backed by his commercial property.

On March 28, 2007, Bradshaw executed a trust, leaving $25,000 to a longtime housekeeper, Louise Wilson, and the rest of his estate to MSU, which recognized the gift in the alumni magazine.

His short-term memory failing, he began to fill his kitchen bar with stacks of to-do reminders, according to Bradley.

Three months later, Bradshaw wrote Benton James a $5,000 check — a check Bradley said Bradshaw told him was a loan.

By the end of 2008, the millionaire had made out checks to James totaling $115,000, according to canceled checks and other records.

Worried about Bradshaw, his longtime lawyer, Don McLemore, and Bradley formed the “Protection Committee.”

McLemore confronted Bradshaw about what kind of hold James, a ballroom dance instructor, had on him.

“He fixes me up with pretty ladies,” he quoted Bradshaw as replying.

“Tom, this is $50,000,” McLemore said he told him.

“They’re pretty ladies,” Bradshaw reportedly replied.

James pleaded guilty to felony exploitation of a vulnerable adult and was ordered to repay the money.

On April 29, 2008, Bradshaw signed a new will, leaving $25,000 to Wilson and $100,000 for his cocker spaniel.

Bradshaw was “very attached to the dog,” Bradley replied. “He said, ‘I want Tonto taken care of.’”

Bradley said he knew Bradshaw wanted to leave his two daughters something. In that will, one daughter received a book collection and the other a replica of a King Tut statue.

Bradshaw also left Bradley $100,000 — something Bradley said he was surprised to learn afterward.

The rest of his estate would go to MSU, and Bradshaw signed a commitment leaving $1.6 million to the university, which established the T.E. Bradshaw Memorial Endowed Scholarship....

By 2008, friends noticed Bradshaw was slipping, and physicians suggesting he stop driving.

“Due to his advanced Alzheimer’s disease, he is incompetent in making his own decisions, including financial decisions,” Dr. Tammy Young wrote in a Sept. 29, 2008, letter.

Bradley went with Bradshaw to the doctor and recalled what happened: When the doctor asked what day of the week it was, Bradshaw was uncertain. Asked what month it was, he remained uncertain. Asked the year, he replied, “1957.”

On Nov. 5, 2008, Bradley filed a petition for Bradshaw’s conservatorship noting the retired businessman had been diagnosed with advanced Alzheimer’s.

The judge initially chose Bradley, but the real estate agent proved too ill with heart and cancer problems to handle it.

On Jan. 26, 2009, Grant appointed Brandon lawyer John McLaurin Jr. as guardian ad litem.

Ten months later, the judge selected former Rankin County Chancery Clerk Murphy Adkins as conservator.

Bradley remained on as an adviser, and he and Adkins spent three hours talking, Bradley sharing the elderly man’s history, according to records.

Adkins said he knew Bradshaw through Kiwanis Club and he hired a college student to help check on Bradshaw and his dog .

Months later, Bradshaw “asked me one day to take him to see an attorney,” Adkins said. “I didn’t question that. I just passed over it and went on. He asked me again the next time about an attorney.”

Bradshaw asked him what lawyer he recommended, Adkins said. “I named several attorneys in Brandon, and he selected one.”

That happened to be David Morrow.

On their way to the office, Adkins said he asked why they were going. “I’m going to make a will,” he quoted Bradshaw as replying.

As they pulled into the parking lot, he said Bradshaw told him, “I’m going to leave everything to you.”

He said he responded, “Whoa. I’m not sure you can do that with me being your conservator.”

The lawyer and Bradshaw “talked in my absence,” Adkins said. “The attorney said he needed to do research.”

Six months after Adkins became conservator of Bradshaw’s estate, he also became the sole beneficiary. “Believe it or not, we never discussed the will,” he said.

In that new 2010 will, Bradshaw is quoted as saying that Adkins “helped me greatly in the last years of my life” — even though Adkins acknowledged he had never been in Bradshaw’s home prior to becoming conservator.

Adkins’ logs show that as Bradshaw’s conservator, he averaged between 10 and 31 hours’ work each month between October 2009 and May 2010.

“I have previously made a specific gift of some real estate … to Mississippi State University,” Bradshaw is quoted as saying in his 2010 will. “I hereby give, devise, bequeath and gift all of the property that I may own at the time of my death … to Murphy Adkins, my friend and conservator who has helped me greatly in the last years of my life.”

Bradshaw was quoted as saying he knew the gift “may seem unusual, but I have no spouse, no children, no close living family, and few friends. Murphy Adkins has been a friend to me and cared for me....

Asked if Bradshaw suffered from Alzheimer’s at the time, Adkins replied, “I don’t recall.”

He did recall one doctor mentioning a diagnosis of dementia.

Bradshaw “was living alone, taking care of his daily needs, taking care of his dog, still driving his car,” Adkins said. “He seemed always able to answer questions I had of him.”

Seven months after signing the will, Bradshaw went to the hospital. He wound up in Peach Tree Village Retirement Community, where he broke his hip twice before being moved to Mississippi State Veterans’ Home in Jackson.

He died there on New Year’s Eve.

Now the fun starts. Amazing what money will do to people.

In the days following the funeral, Bradley said he met with Adkins about the 2010 will that excluded the university.

“I knew Mr. Bradshaw was a man of commitment,” Bradley said. “That was his legacy to leave the money to these kids.”

In fact, he said Bradshaw kept a framed copy of the “thank you” letter MSU sent him inside his home.

What convinces Bradley the 2010 will fails to represent Bradshaw’s wishes is the fact the elderly man excluded his beloved cocker spaniel. “He loved that dog more than anybody anywhere,” Bradley said.

In court documents, MSU’s lawyer said Adkins “was present during all or a majority of the time in which the 2010 will was discussed, created and executed” at Morrow’s law office.

Adkins replied that he was not present for the will and was asked to leave by the lawyer.

MSU’s attorney, Walker, wrote that the 2010 will was “procured by Mr. Adkins through undue influence and at a time when Mr. Bradshaw was vulnerable, both physically and mentally, and did not possess the requisite mental capacity to execute the 2010 will.”

Nothing stopping Mr. Adkins from honoring the previous will, is there? The problem is the law places few restraints on what a conservator can do.   One suspects there are more cases such as this one throughout Mississippi.

23 comments:

Anonymous said...

David Morrow was the Attorney for the Board of supervisors when Murphy was the chancery clerk.

aka Daddy's Money said...

Indeedfinders, I find this whole matter to be disgusting. However, I find the article to be terribly confusing. Who is Bradley? Did Bradshaw have 2 daughters or not? Is the estate tied up In court now, or did Adkins run off with all the money? Other than being a ballroom dance instructor, who exactly is this Benton James character?

Anonymous said...

This will be interesting to watch. Murph seemed to get along with everyone during his tenure. By all outward appearances, he was financially well-off prior to this 'inheritance' and so are his kids (independently). Begs the question why would he take a chance like this? He knew it would be challenged, and that regardless of the outcome, his reputation in The Redneck Holy Land (Brandon) would be ruined.

Anonymous said...

Looks like everybody got paid, huh Judge?

Anonymous said...

Happens all the time. Just sayin'

JB

Anonymous said...

Benton is a ballroom dance school owner / instructor. In that line of business it only makes sense he does have access to and/or know some mighty pretty ladies.

Anonymous said...

In reading the article it is obvious that this is a case that will be decided by a jury. And for that reason the one side of this arguement leaked the story to Jerry so that Jerry would be taken in, and would write a story that showed the best light on that side. It is also Obvious that Bradley is the one who leaked the story.Bradley evidently had information that his daughters were going to get a specific amount of money. The Attorney for Mississippi State also confided in Jerry as to what he thought that they were going to get out of this. too much pre-trial publicity. let the jury decide in open court!!

Anonymous said...

I can't determine why this story got the attention of Jerry Mitchell since there does not appear to be an obvious racial element. Why would he even be interested. Like axing Bill Minor to write a column that has some remote relevance to the current century.

Anonymous said...

I think that it got Jerry's attention because Larry Bradley called him. lots of information on Bradley's side of the story, very sketchy on everyone elses.

Anonymous said...

Let me say, no man who beleives he is a christian would participate in a scam like this

Anonymous said...

.m glad to see MSU standing up for its interest, and I would love to hear Mr. Atkins' explanation of why he deserves the money.
Being a fine christian man doesn't amount to much when it comes to $1.6 mil.

Anonymous said...

I've known Murphy for years. I'm very disappointed to see this. I always thought he was the kind to avoid even the appearance of impropriety. Thanks for posting this.

Anonymous said...

Mr. Mitchell's article was VERY misleading. Firstly, it was entirely one-sided (go figure)... Did they mention that before this will was executed, Mr. Bradshaw had donated an $800K building to MSU, from which they're currently earning income?? Nope. Don't think so. He was no longer a millionaire at the time of his death. Didn't mention that. It did mention that the AG's office has already determined due to the OVERWHELMING EVIDENCE, that no one did anything wrong. Hmmm... No one cares about facts, only rumors. Has anyone considered why he may have given everything to Mr. Adkins?? Did MSU go visit him daily? Take him to and from his appointments? Have him in their home on holidays? Treat him as a member of the family? No, I imagine they didn't. The only thing they wanted was his money. Mr. Adkins did though. He dedicated time, money, attention, and now his reputation to that man. He and David Morrow are being hurt by this so-called gift. They are good, honest people and these accusations are disgusting AND ridiculous. Did anyone know there was a video of the interview and will signing??? Maybe some of you should check it out before casting judgment on people.

Anonymous said...

Well this site has never let facts get in the way of a juicy "scandal".

Anonymous said...

Well this site has never let facts get in the way of a juicy "scandal".

Nor stopped someone from sharing anonymously an ignorant opinion.

Kingfish said...

Oh really? First of all, the conservatorship was established because Mr. Bradshaw LACKED MENTAL CAPACITY!!! Two doctors testified he could not handle his financial affairs or make decisions. Period.

SO if one goes by the court files, Mr. Adkins knew this and if he didn't, he was negligent as he had a duty to know it as conservator. He damn sure knew he was a vulnerable adult as he didn't mind holding Mr. James accountable for his restitution for exploiting Mr. Bradshaw.

So a man who has assets but also is now legally mentally incompetent is trying to change his will and give you anything? If indeed it was voluntary on Mr. Bradshaw's part, the conservator has a duty, an obligation, a responsibility to say no as there is a reason he is a conservator.

It doesn't matter what State got. Doesn't matter what Bradley was supposed to get or how close was he to Mr. Bradshaw. What matters is was Mr. Bradshaw legally competent when he changed the will and should Mr. Adkins have known that. He did, Mr. Morrow did, Mr. McLaurin did, they all did.

Mr. Adkins was paid for his services. If this stands, then we need to change some laws pertaining to conservators.

Anonymous said...

Kingfish, perhaps you're right. In fact, I'm going to wholeheartedly agree that there are numerous laws in our system that are either antiquated, or just don't work. But as it stands, the law WAS NOT broken. The attorney general's office has already done their investigation. Mr. Adkins hasn't spent a dime of Bradshaw's money, Mr. Morrow made no more money for this will signing than he would on any typical day and Judge McLaurin wasn't "bought." If any one of them were going to "take" someone for all they're worth, I'm pretty dang sure they'd make sure that it was worth their while. In this case, it was not. There were no millions, as claimed, and Murphy Adkins is in no way hurting for money himself. -sb

Kingfish said...

Nice try. The case has not been adjudicated yet. No one accused Mr. Adkins of spending his money. In fact, I pointed out he billed the conservatorship/estate for expenses and itemized them.

You can say all you want the law was not broken but the fact remains the case is pending in chancery court. They are in discovery and none of the major issues have been adjudicated. Thus its cute for you to say no law was broken while the judge has not yet ruled on the case.

Anonymous said...

Awww! I like being called cute ;)

Anonymous said...

3:48
David Morrow has acted like a sleeze lawyer for some time, he was the board of supervisors attorney!

Unknown said...

I REALLY DIDN'T THINK THAT DAVID WANTED TO GET INVOLVED IN ANOTHER ONE OF THESE!!!
My dad died in 1981.
I moved to Hattiesburg in 1982.
We moved back in 1985.
My mom had open heart surgery - 4 bypasses in 1992.
I have cared for her since then as needed. More now.
12/13 she went to ER with a perforation in her stomach then to a nursing home after 2 weeks.
My brother became very obsessed with a stock account of hers. I tried to keep him in the loop and then things just fell apart.
He said that she was fine and that he would not go back to work until she came home. He also hired someone to take care of her that was no more qualified than a man in the moon, He didn't want me to check any references since he had known her for 9 years, yet she let his brother in law out to get killed!
He convinced her to remove me from the checking account, revocation of POA (which is very vague) & made David Executor of the will - which has been rewritten.

Anonymous said...

whatever happened with this?

Anonymous said...

whatever happened with this?



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