Estate of Sapp

Edith Rogers appealed her removal as administrator of the estate of her grandfather Roscoe Sapp, Sr. (decedent), who died in 1994. Armuress Sapp and Brian Lincoln, two of decedent’s grandsons, separately petitioned to remove Rogers as administrator. The probate court found Rogers: (1) had failed to comply with the court’s 2001 instructions that she and her coadministrator (who died in 2003) sell the estate’s remaining real estate holdings and distribute the net proceeds to the beneficiaries of the decedent’s will; and (2) acted in bad faith toward the beneficiaries by trying to buy them out for much less than they would have received if she had timely sold the properties. The court therefore concluded Rogers had to be removed because she “mismanaged” the estate and was “incapable of properly executing the duties of the office” of administrator. The probate court withdrew letters of administration issued to Rogers and appointed Armuress as special administrator. In her briefs, Rogers challenged: (1) the 2001 order instructing the coadministrators to sell the estate’s real property; (2) the probate court’s 2016 denial of her petition for additional instructions; and (3) the 2017 judgment removing her as personal representative. The Court of Appeal determined the 2017 judgment was properly before it. Although the Court concluded the evidence did not support a finding that Rogers was incapable of executing the duties of administrator, the evidence supported her removal because she was not otherwise qualified to act as administrator, and she mismanaged the estate. Because the Court concluded Rogers did not demonstrate the probate court abused its discretion when it removed her, judgment was affirmed View "Estate of Sapp" on Justia Law