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Myers v. Myers

The probate court properly found that the executor of the decedent's will breached his fiduciary duty and properly sua sponte removed him as executor.

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James T. Myers, Sr. Decedent executed his last will and testament on June 9, 2008, and died on September 29, 2012. He was survived by his wife and two sons, James T. Myers, Jr. Appellant and Anthony Lee Myers Appellee. Appellant was appointed executor by the will. After a motion by Appellee and a hearing, the probate court entered an order on August 1, 2014, finding that Appellant had violated his fiduciary duty in numerous ways, removing him as executor, and appointing a county administrator to replace him. Appellant filed a timely notice of appeal to this Court. We affirm.

1. The will directs that Decedent’s house be placed in trust as a life estate for his wife, with the remainder to be divided between Appellant and Appellee, who must pay equally for the house’s maintenance. Except for certain personal effects, the rest of Decedent’s estate is divided evenly into separate trusts for each son. The will names Appellant as the first choice for executor and trustee and Appellee as the second choice. The probate court admitted the will to probate in solemn form on November 15, 2012, and letters testamentary were issued to Appellant that day. As executor, Appellant established the trusts and began managing Buckshot Properties, LLC Buckshot, a company previously owned solely by Decedent, which is one of the estate’s major assets. During his time as executor, Appellant withdrew $63,401.05 in executor fees.

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