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In Re Estate of Long

Probate court decisions supported by any evidence will be affirmed and requirement that probate court issue a final order resolving all issues required probate court to identify whether and in what amount beneficiaries owed money to the estate.

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Audrey Long “Audrey”, caveator and beneficiary under the will of her late father, Robert E. Long “the decedent”, appeals the probate court’s order settling his estate. We affirm the judgment but remand the case for proceedings consistent with this opinion. The relevant facts follow. The decedent died testate in 2004. In his will, the decedent’s three children, Robert J. Long “Robert”, Grace Cristo, and Audrey, were each given thirty percent of his estate, and his ex-wife, Gladys Long “Gladys”, was given ten percent. Robert was named as the executor, and he was appointed in 2005. Asserting that Robert was not timely fulfilling his duties, Audrey petitioned the probate court for an accounting. Following a hearing, the court appointed Gregory W. Hammonds, a C. P. A., as estate accountant, authorizing him “to follow all inquiries relevant to estate assets.” The court ordered Robert to provide documents to Hammonds, but Robert failed to do so. Audrey then filed a petition to revoke Robert’s letters testamentary, alleging that he wasted and mismanaged assets of the estate. A consent order was entered in April 2006 permitting Robert to resign as executor and appointing Hammonds as administrator C. T. A.1

Hammonds identified $42,655.26 in questionable expenditures made by Robert, including $25,000 that he transferred to his wife, Dawn Long, from the decedent’s personal account on the date of his death. After consulting an attorney, Hammonds declined to pursue a total of $30,967.48 in claims against Robert. Audrey petitioned the court to order Hammonds to assign the claims to her pursuant to OCGA § 53-7-45.2

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