Probate and Administration

Probate Court did not err appointing County Administrator to Administer Will Rather than Named Executor

In Estate of Jeffcoat, 361 Ga. App. 828 (2021), Eleisha Pate filed a Petition to Probate the Will of Rhonda Jeffcoat, her mother. Pate was the named Executor. However, evidence in the Probate Court showed that Pate and her half-sister, Shauna Jeffcoat, could not get along. As a result, the Probate Court found Pate was “unfit due to her actions after the death of the Decedent.”

The Court of Appeals found there was some evidence to support the Probate Court’s ruling. “Unless adjudged unfit, nominated executors shall have the right to qualify in the order set out in the will.” OCGA § 53-6-10(b). “The word `unfit,’ as used in this statute, is given a broad meaning and is not merely limited to physical, mental, or moral conditions.” However, “[i]rreconcilable differences and animosity, between a nominated executor on the one hand and the beneficiaries on the other, authorize but do not require the probate court’s refusal to appoint the person nominated in the will as executor.”

However, “[i]rreconcilable differences and animosity, between a nominated executor on the one hand and the beneficiaries on the other, authorize but do not require the probate court’s refusal to appoint the person nominated in the will as executor.”

Although Pate argues that the probate court erroneously considered evidence that had not been admitted, there is no indication that the court considered such evidence, which she explicitly had ruled was not admitted. We presume that the probate court relied only upon proper evidence.

The Court rejected a second arguement that property was sold without giving her prior notice. At the evidentiary hearing, Shauna Jeffcoat requested that the decedent’s house be sold and the proceeds distributed to her and Pate. Pate did not object. Failure to object at the hearing was implied consent.

Published by
David McGuffey
Tags: Executors

Recent Posts

Social Security Disability versus Veteran’s Disability

The word disability doesn't have the same meaning in all contexts. If you have a…

17 hours ago

Social Security Announces 2.5 Percent Benefit Increase for 2025

On October 10, 2024, the Social Security Administration announced that Americans will increase a 2.5…

4 weeks ago

Getting Organized

Many people think that estate planning is just having documents prepared. They have a lawyer…

4 weeks ago

Beneficiary who accepted inheritance under Will could not bring action for tortious interference

In Chambers v. Edwards, 365 Ga. App. 482 (2022), William Chambers sued his sister, Kathy…

1 month ago

Medicaid’s payment of medical bills does not bar recovery from negligent party

When an injured party sues someone who negligently injured him or her, one form of…

1 month ago

Market Observations from David Hultstrom

From time to time we re-post David Hultstrom's Financial Foundations. Mr. Hultstrom, who is a…

1 month ago