Probate Court Reversed for Ordering Conservatorship Accounting Before Determining Identity of Estate’s Personal Representative

The Georgia Court of Appeals decided the case of In re Bessie Mae Blake on February 20, 2024. Willis Blake was appointed as his mother’s conservator in 2000, but he was a poor record keeper. Although he was required to set up a separate account for Bessie Mae, keep records of expenses and file annual returns, he did none of those things. After Bessie Mae’s death, his sister, Denise Brown, brought an action for settling accounts to determine who Blake had spent his mother’s money while serving as conservator.

The probate court held a hearing and found that Blake breached his duty as conservator. Blake appealed, arguing ” that the probate court erred by (1) finding he breached his fiduciary duties; (2) sanctioning him for using Bessie Mae’s settlement funds to pay for the funeral; (3) failing to notify all heirs of the proceedings, appoint a guardian-ad-litem and temporary administrator for the estate, and order mediation; and (4) finding that payment of attorney fees was improper.”

On appeal, the Court of Appeals reversed, finding that the probate court erred by failing to first determine who was Bessie Mae’s personal representative and whether it was required to appoint a guardian ad litem. Because the probate court’s order was premature, the court did not address any of the other claims of error.