Just how much notice is required before removing an executor in Georgia?  Maybe not all that much.

In Myers v. Myers, the beneficiary of several testamentary trusts filed a petition in probate court seeking, among other things, removal of the executor of the estate for numerous alleged breaches of fiduciary duty and a conflict of interest.  The beneficiary later withdrew the request that the executor be removed out of concern over an in terrorem clause and limited the petition to a request for an accounting.  In the amended petition, however, the beneficiary still repeated all of the original petition’s breach of fiduciary duty and conflict of interest allegations – he just didn’t specifically seek removal based on

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?

When a person names a friend or relative as a fiduciary in one instrument, it should come as no surprise if that person also names the same friend or relative as a fiduciary in another instrument.  Thus, the same person may be named executor, trustee, and attorney-in-fact.

Since we know that an executor is expected to marshal estate assets, we know that an executor may be called upon to investigate pre-death transactions to determine whether the assets that were the subject of those transactions should really be part of the estate.  Sometimes that requires a lawsuit to recover those assets.  So, what happens when one person, acting under a power of attorney, engages in a transaction that estate beneficiaries claim was improper?  If the attorney-in-fact is also the executor, how can that person be called upon to investigate him or herself?  In In re: the