In Re: The Estate of Maria L. Coutermarsh

The petitioner was authorized to be represented solely by counsel rather than attend in person the hearing on her petition to remove the executrix of the decedent's estate for a conflict of interest.

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Virginia Buinicky filed a petition to remove Bonnie Auger as executrix of the estate of Maria Louise Coutermarsh the “decedent” and to appoint Buinicky as successor executrix. After an evidentiary hearing, the probate court granted the petition, finding that Auger had a conflict of interest with the estate that justified her removal as executrix. On appeal, Auger contends that the probate court erred 1 by failing to strike Buinicky’s petition or grant a continuance when Buinicky did not appear at the hearing on the petition; 2 by relying upon documents that were never introduced into evidence at the hearing in finding that Auger had a conflict of interest; and 3 by exercising jurisdiction to address whether Auger’s involvement in a real estate transaction that occurred before the decedent’s death was improper. For the reasons discussed below, we affirm.

The record reflects that the decedent executed her last will and testament in March 2006, naming her niece, Auger, as executrix of her estate and her sister, Buinicky, as successor executrix. The decedent died in January 2011, and Auger was duly appointed as executrix of the estate. In October 2012, Buinicky filed a petition to remove Auger as executrix and to have herself appointed as successor executrix. Buinicky alleged that there was evidence that Auger had mismanaged and misappropriated the decedent’s property as part of a real estate transaction that occurred before the decedent’s death when Auger held a durable power of attorney to act on behalf of the decedent. Buinicky contended that as executrix, Auger had a duty to investigate her own prior involvement in the real estate transaction to determine if legal action should be pursued on behalf of the estate,1 thereby creating a conflict of interest that necessitated her removal as executrix.

In Re: The Estate of Maria L. Coutermarsh

The petitioner was authorized to be represented solely by counsel rather than attend in person the hearing on her petition to remove the executrix of the decedent's estate for a conflict of interest.

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