Mount Airy man taken into custody over estate case

Jul. 6—A Frederick County man was taken into custody on Thursday in a civil case — after he was held in contempt of court in relation to settling his late father's estate.

The man, Steve Matthews of Mount Airy, is the son of the late Kenneth Orin Matthews, who died in July 2021, according to court documents and Thursday's hearing.

The Frederick County Orphans' Court in April found Matthews in contempt for failure to follow orders to produce records and money that was part of the estate.

Because Matthews had not met the terms of the orders by Thursday and didn't pay $30,000 in contempt and other fees, the court ordered him taken into custody on a writ of body attachment, or bench warrant.

A sheriff's deputy led Matthews out of the courtroom in handcuffs.

Matthews was taken to the Frederick County Adult Detention Center, then released, according to Todd Wivell, a spokesman for the Frederick County Sheriff's Office.

It is extremely uncommon for someone to be taken into police custody over an estate settling case, attorney John L. Thompson said after the hearing Thursday.

The court appointed Thompson to manage the settlement of Kenneth Matthews' estate in February, according to court documents.

"After 30 years of doing estate work, I've never had one proceeding go to this extent," Thompson said.

Orphans' Court deals with estates of people who died.

At times, for "troubled estates," private attorneys will be asked to take over managing an estate, which Thompson said he's done a handful of times.

Steve Matthews was previously appointed as personal representative of the estate in August 2021, according to online court records.

A personal representative manages the estate, including paying off debts.

Matthews did not meet the obligations of that role — then failed to produce documentation, among other things, that would enable the estate to be settled, Thompson said during the hearing Thursday.

Matthews was removed as the personal representative of the estate in January 2023 after missing a final extension deadline to file his first account of the estate, Thompson wrote in an email to The Frederick News-Post.

A first account requires, among other things, the value of an estate.

Thompson has obligations in managing the estate settlement, including paying off medical bills and other creditors on the estate's behalf, he said in court.

According to online court records, a few entities, including Bank of America ($7,773.61) and Pentagon Federal Credit Union ($5,593.70) have filed claims against the estate.

But, Matthews has not turned over the estate's cash assets to enable him to pay off creditors, among other things, Thompson said at the hearing.

If Matthews does not, Thompson said he will have the "really unpleasant job" of selling the estate's property to pay creditors.

The property is 12312 Sherwood Forest Drive in Mount Airy, Thompson said after the hearing.

Steve Matthews said in court he looked for legal representation on matters such as producing documentation, but he was not able to work with some attorneys or they required large retainers.

"I am not an attorney. I don't know how to follow the rules," Matthews said in court.

Matthews also said he had been diagnosed with Type 2 diabetes and had not been feeling well.

Matthews was held in contempt of court on April 18, 2023, with a fine of $100 per day until the contempt is satisfied. He faced the possibility of a writ of body attachment after a June 19 deadline, according to court documents.

Thursday's hearing was a "last opportunity" to meet the requirements, according to court documents.

Orphans' Court Judge Michael Powell said Thursday that Matthews could pay roughly $30,000 or face being taken into police custody on the writ of body attachment.

The $30,000 included the contempt of court fines, unpaid attorney's fees, and money for creditors, Thompson said.

Powell said during the hearing it could be paid in cash or with a cashier's check on Thursday.

"You have ample resources to get an attorney," Powell said. And, if Matthews didn't pay, "then that's fine. But this court won't be flouted."

Matthews said he could not get a cashier's check then. He was then taken into custody by a sheriff's deputy.

Matthews said in court Thursday he planned to appeal.

"I didn't know you guys were going to do this to me. It's not fair," he said.