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Sharpton v. Hall

The probate court did not abuse its discretion in granting limited access to the deceased incompetent adult's property-related records.

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In this case of first impression, we are called upon to construe OCGA § 29-9-18, governing the granting of access to sealed records of a conservatorship or guardianship. The probate court did not abuse its discretion in interpreting the statute and granting limited access to the records at issue here. We therefore affirm. Stan L. Hall, as administrator of the estate of Raymond Sharpton, filed a petition in the Probate Court of Gwinnett County to open the guardianship records of Avolee Sharpton, an incompetent adult. As the facts were stated in the motion and at the hearing on the motion, Raymond, Avolee, and Billy J. Sharpton were siblings. Billy Sharpton was also the guardian of Avolee. As the probate court noted in its order, “the Sharpton family tradition was to execute a deed as a will substitute and to keep the deed in a safe deposit box until the death of the grantor,” and deeds were executed in favor of Billy Sharpton by both Raymond and Avolee. Before his death, Raymond filed suit in Gwinnett County Superior Court to set aside the deed he executed, alleging that Billy Sharpton wrongfully recorded it instead of keeping it until Raymond’s death, and that suit remains pending. Billy Sharpton also recorded a deed from Avolee, who has since also died, at approximately the same time.

Hall filed the motion to open the guardianship records of Avolee’s estate, contending that Billy Sharpton may have committed a breach of fiduciary duty in recording Avolee’s deed.1 Hall represented that the premature recording of both deeds would have severe estate tax consequences, and also expressed concern that other undisclosed matters, such as a possible will, might be revealed by an inventory of the Avolee guardianship.

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