December 17, 2013
Authored by: Luke Lantta
Last week we looked at a Georgia executor getting removed due a conflict of interest. This week, in In re Estate of Farkas, we see yet another case of a Georgia executor being removed due to a conflict of interest. Why was the executor removed this time?
In the petition to remove the executor, it was alleged that the executor’s involvement in several suits against the estate and money he owed the estate created conflicts of interest. The probate court that heard the petition agreed, finding that there were grounds upon which to question the executor’s fitness to serve.
But just like in Estate of Coutermarsh, there was no hearing transcript filed on appeal which prevented the appellate court from digging into the evidence at the hearing. Thus, the appellate court assumed that the evidence adduced at the hearing supported the probate court’s findings.