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In re Estate of Garmon

An estate executor was not entitled to reimbursement for the attorneys' fees he incurred in defending a petition for an accounting of estate assets where the evidence clearly showed that the executor mismanaged the estate.

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Sara Reese Daniel filed a petition against J. C. Garmon, Jr. “Garmon”, the executor of J. C. Garmon, Sr.’s will, to force an accounting of the estate’s assets. Daniel, a legatee under the will, alleged that Garmon failed to conduct an accounting of the estate, breached his fiduciary duties to the legatees, and engaged in self-dealing. Daniel requested, among other relief, that the court award her attorney fees under OCGA § 13-6-11. After the trial court entered a consent order resolving all but the dispute over attorney fees, it granted Daniel’s motion for the estate to reimburse the attorney fees she incurred. The Court further ordered that Garmon not be reimbursed for the attorney fees he incurred in defending the action.1 Garmon appeals these rulings, and for reasons that follow, we affirm.

The record shows that the consent order provided for future resolution of the attorney fees issues, which specifically included both Daniel’s claim for fees under OCGA § 13-6-11 and her previously filed motion to enjoin the estate from reimbursing Garmon for his attorney fees. In addressing these two attorney fees issues, the order provided: “If the parties fail to enter into a Consent Order fully settling The Attorneys Fee Claims, the Court will enter an Order setting a date for hearing on the issues raised in The Attorneys Fees Claims, at which time the parties will present evidence and arguments to the Court on said issue.”

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