By Eric Curl
April 26, 2022 update – The Historic Savannah Foundation closed on the purchase of the Kiah House Monday, according to a press release about the purchase.
The press release states that the nonprofit has not yet determined the house’s new use, but their leadership hopes to develop a plan that serves the community and honors Kiah’s memory.
“Historic Savannah Foundation is very happy to finally close on the Kiah House. For now, we
are relieved to have the property under HSF’s umbrella so that we can protect it in perpetuity,”
HSF President & CEO Sue Adler said.
April 9, 2022 – After more than two decades of languishing in Probate Court purgatory, the deteriorating Kiah house has been approved for sale as part of a plan to restore the structure that once served as a community museum for “the masses.”
Judge Tom Bordeaux said in the order that approval of the sale was based on multiple factors, including:
- the proposed sales price is roughly 22% higher than the Chatham County Tax Assessor’s fair market value
- the boarded up house is in need of significant repair
- the property is on the city’s “Blight List”‘
- the roof is collapsing with many portions of the structure being rotten
- it is likely the cost of renovation exceeds the fair market value of the property
- the property is costing estate funds while falling into disrepair continually
“In addition to the any tangible and financial reasons why good cause has been shown for the Temporary Administrator’s proposed transaction, good cause is shown in that the proposed purchaser, the Historic Savannah Foundation, intends to make efforts to preserve the legacy of the decedent, Virginia Kiah, a noted artist and collector of art, particularly African-American works,” Bordeaux’s order said.
The filing comes after the case’s temporary administrator filed a motion about one year ago to sell the deteriorating property, reporting that he had signed a sales contract with Historic Savannah Foundation for the price of $60,000. (See April 2022 sales document here)
“The temporary administrator believes this price is fair and that this buyer will respect the lineage and character of the property. Several of the heirs of Ms. Kiah have mentioned their desire to preserve her former home in recognition of her contributions to the community. Further, it is noted the sales price is in excess of the Assessor’s fair market value of $48,0000,” the motion states.
Last July, the Savannah City Council unanimously voted to designate the Kiah house a historic structure, along with 89 other Cuyler-Brownville properties. Then in December the city council approved the African Diaspora Museology Institute’s request to install a historical marker outside the home to recognize the significance of the Kiah House Museum.
More than 22 years have passed since the estate of the late artist, educator, and Civil Rights activist Virginia Jackson Kiah wound up in Chatham County Probate Court. Initiated by a guardianship petition in 1999, two years before Kiah’s death at age 90, the seemingly never ending legal dispute has dragged on as her estate funds dwindled and her Savannah home deteriorated.
Longtime Kiah-house advocate Deborah Johnson-Simon, who founded the nonprofit behind the historic marker, has been leading the way in raising awareness and funding to preserve the historic house and resolve the case.
“I’m breathless,” Johnson-Simon said in a Facebook post upon learning of the approved sale. “This is the answer to much prayer.”
Built in 1915, the house at 505 W. 36th St. in historic Cuyler-Brownville was transformed into a community museum in the late 1950s by Kiah and her husband, Calvin Kiah, a former Dean of Education at Savannah State College. Kiah said she established the museum to “reach the masses”, a dream she had since she was a little girl growing up in Maryland.
“Because in Baltimore, black people were not encouraged to enter a museum at all,” she said.
Kiah brought that dream to life by opening her Savannah home to the community and converting her mother’s home in Baltimore into the Lillie Carroll Jackson Civil Rights Museum. Named for Kiah’s mother, who led the NAACP’s Baltimore branch for more than three decades, the Baltimore museum remains open today, unlike her Savannah home, following a restoration by Morgan State University in 2012.
After entering the contract to purchase the property, Historic Savannah Foundation officials said they intend to preserve the structure and help tell Kiah’s story.
Kiah’s nephew, Michael Bowen Mitchell said last year that the family supports HSF’s plan to purchase and rehabilitate the property, which they cannot afford to do themselves, as long as it is once again put to use as a museum.
“We all question why it is taking so long to consummate the sale when you have a party interested in preserving Black history,” Mitchell said.
In September, the case’s temporary administrator, Savannah Attorney Keith Berry, Jr., said he learned from the court clerk that there were two more heirs to be served before the sale could be advertised.
Judge Bordeaux’s order allowing the sale states that the court found all the heirs were notified of the proposed sale and no objections had been filed.
If you find value in this website, please consider contributing via Paypal below to help cover the costs. You can also send contributions via Venmo @Eric-Curl and via CashApp at $Ecurl77. Your support, no matter how much you give, is appreciated and will help ensure the future viability of this community resource.
Kiah Estate Case Timeline and court records
Dec. 28, 2017 – Bordeaux issues Order setting status conference and requiring attendance of counsel. “The above-referenced case, which includes both the guardianship matter and the issues of probate of the Decedent’s estate, has long been pending before this Court without action or request for action by any party.”
Feb. 8, 2018 – Bordeaux issues order for mediation. “The Court cautions that it will not permit any further unnecessary delays in resolving the matters before it.”
April 11, 2018 – Berry files petition for temporary letters of administration. “Petitioner is not fully knowledgeable regarding the decedent’s affairs. It is believed that in the 17 years since her date of death, a contested administration proceeding was filed but not completed. Allegedly, the decedent had a will that was never filed. The decedent’s estate is not represented and the assets of the estate need to be ascertained, safeguarded and administered.”
April 16, 2018 – Bordeaux issues order appointing Berry as temporary administrator. “The Court finds that the estate is currently unrepresented. The Court further finds that no objection has been filed, all requirements of law have been fulfilled, that this appointment is in the best interests of the estate, and that it is necessary that temporary letters should issue for the sole purpose of collecting and preserving the assets of the Decedent until a personal representatives is appointed.”
April 16, 2018 – Berry issues motion for order directing Johnson to transfer to him what is believed to be more than $200,000 in estate funds from his service as guardian of the property and conservator of Kiah prior to her death.
April 16, 2018 – Judge Bordeaux issues order directing payment of funds to Berry “without delay.”
April 30, 2018 – Berry issues first request for production of documents, requiring a response within 30 days.
May 18, 2018 – Berry files motion for order allowing the temporary administrator to pay regular recurring expenses, noting he received $260,890.65 from Johnson and from those funds paid a $180 filing fee and $985 bond premium. “It is the purpose of this motion to obtain an order allowing payment of regular recurring expenses of the estate, such as, by way of example and not limitation, probate court filing fees, yard maintenance, real property taxes, and building repair estimates without separate motion and order for each expenditure.”
June 2, 2018 – Bordeaux issues order allowing for payment of regularly occurring expenses.
June 13, 2018 – Berry files first income expenditure report, showing $259,731.63 remained of $260,890.65 in estate funds initially received from Johnson on April 30 after paying court filing fee and a bond premium.
July 25, 2018 – Berry submits motion to list and sell the Kiah house, claiming the property, with a 2018 Fair Market Value of $42,500 is a burden to the estate. “Real property taxes are due and owing for 2017 and 2018. The Property is on the ‘Blight’ list of the City of Savannah. The property is boarded up and has been vacant since 2001, the year of the decedent’s death. The Temporary Administrator believes it has been vacant longer than that given the adjudication of Ms. Kiah’s incompetency in 1999. The roof is collapsing and water damage is evident. The eaves and soffits are rotten. The structure at the rear of the property is falling down.”
July 30, 2018 – Berry files motion to compel discovery. “The information requested is relevant and important to the ability of the Temporary Administrator to fulfill his duty. Mr. Johnson did not timely provide the responses initially and only requested an extension for time to respond (which was granted) after the Temporary Administrator wrote a letter requesting responses. After which a second extension request was made by Mr. Johnson and was granted by the Temporary Administrator. The third deadline of July 24, 2018 has passed without the information being provided.”
Aug. 2 – 2018 – Berry files notice of abandonment, stating that he has determined the personal property of the deceased (paintings, furniture, art work, furnishings, collections, chinaware, silverware, books, pictures, clothing, jewelry, antiques) is not part of her estate and was transferred in 1995 pursuant to the terms of the Virginia Jackson Kiah Revocable Living Trust Agreement.
Aug. 29, 2018 – Johnson files response to temporary administrator’s motion to compel discovery, attributing the delay to the large amount of case files he need to compile and on the absence of his secretary. Johnson stated he hand delivered 1,589 copies of discovery responses on July 30, 2018 and has acted in good faith.
Aug. 30, 2018 – Heirs submit response opposing Berry’s motion to list and sell the property. “The heirs desire to keep the property and consider renovating it since the property is in the Cuyler-Brownsville Historic District on the National Historical Register.”
Sept. 17, 2018 – Berry files motion to withdraw motion to compel discovery from Johnson.
If you find value in this website, please consider contributing via Paypal below to help cover the costs. You can also send contributions via Venmo @Eric-Curl and via CashApp at $Ecurl77. Your support, no matter how much you give, is appreciated and will help ensure the future viability of this community resource.
Dec. 12, 2018 – Bordeaux approves administrator’s petition to sell property in a court order. “The Represented Heirs appear oblivious to the fact that the decedent died in 2001, seventeen years ago later this month, and that the property has fallen into waste and deterioration without any substantial action being taken before now to protect it.”
Dec. 27, 2018 – Berry files fourth-quarter income expenditure report showing expenses included $79 in court filing fees, $536 in Chatham County property taxes and $2,924 in delinquent and current city property taxes. There was $255,746.84 remaining.
March 22, 2019 – Berry files petition for payment by the estate of $6,732 in interim compensation. “In support of this request for payment of interim compensation, Petitioner shows that numerous additional pleadings (some involving research) have been filed during the preceding year to which only minimal opposition has been raised. Petitioner has initiated and responded to telephone calls and email messages from the attorneys in the proceedings as well as outside attorneys for real estate expertise.”
April 13, 2020 – Berry files six-month income expenditure report showing there was $248,266 remaining in the estate as of Nov. 30, 2019. The expenses included $300 for yard work, $347.93 for Chatham County property taxes, $959.34 for city property taxes and $100 to remove a mural.
March 30, 2021 – Berry files an income expenditure report showing there was $243,969 remaining in the estate as of Feb. 29, 2021, following expenses that included property taxes, appraisal fees, insurance and yard work.
April 14, 2021 – Berry files a motion to sell the Kiah house, reporting that he has signed a sales contract with Historic Savannah Foundation for the price of $60,000. “The temporary administrator believes this price is fair and that this buyer will respect the lineage and character of the property. Several of the heirs of Ms. Kiah have mentioned their desire to preserve her former home in recognition of her contributions to the community. Further, it is noted the sales price is in excess of the Assessor’s fair market value of $48,0000.”
April 26, 2021 – Clerk of Probate Court files certificate of of service that letters have been sent to Kiah’s heirs notifying them of Berry’s motion to sell the property and that they have 30 days to file an objection. If any objections are filed, a hearing will be held at a later date. If there are no objections, the petition to sell the property may be granted without a hearing.
May 19, 2021 – Savannah Attorney Joseph B. Ervin appointed guardian ad litem for any of Kiah’s unknown heirs until a final order is issued on petition to sell the estate.
July 2, 2021 – Ervin files report that recommends the sale of the property, subject to the temporary administrator seeking an order to publicize the pending sale to notify any unknown heirs.
Sept.10, 2021 – Berry said in an email that the court clerk determined there were two more heirs to be served before the sale could be advertised. “I just have to find the time to sit down and make that happen,” Berry said.
Oct. 13, 2021 – Berry, said in an email that he has unfortunately not yet served the two additional heirs in order to move forward with the sale of the property. “My good intentions haven’t been enough,” he said. “Soon though.”
Nov. 22, 2021 – Attorney Payment Processed (payment to Ervin for serving as guardian ad litem.)
Feb. 22, 2022 – Acknowledgement of service filed in which another heir acknowledges receiving notification of the motion to sell the Kiah house and agrees to the motion.
#StayEngagedSavannah
Subscribe to Savannah Agenda
[email-subscribers-form id=”1″]