when the sale of the house was not required by the will. In re Estate of Arnsdorff, 273 Ga. App. 612, 615 S.E.2d 758 (2005).
Because an executor ignored a testator’s intent and the directions contained in the testator’s will, and consciously failed to seek direction from the courts despite the executor’s admitted knowledge that the executor should do so, the trial court properly found that the executor violated the executor’s fiduciary duties and forfeited the executor’s right to compensation in O.C.G.A. § 53-7-54(a)(7). Cronic v. Baker, 284 Ga. 452, 667 S.E.2d 363 (2008).
Personal representative’s wrongful conveyance of the estate’s primary asset, a house, to the personal representative was a breach of fiduciary duty. The beneficiary’s evidence of the house’s rental value authorized the award to the beneficiary of compensatory damages for lost rent under O.C.G.A. §§ 53-7-54 and 53-12-193. In re Estate of Zeigler, 295 Ga. App. 156, 671 S.E.2d 218 (2008).
Venue. — Assuming that O.C.G.A. § 53-7-54(b) created a cause of action against third parties, as the trust created by the statute was a creature of equity jurisdiction, under Ga. Const. 1983, Art. VI, Sec. II, Para. III, venue for such actions was in the county where a defendant resided. Thus, if a contempt petition was filed pursuant to the statute, the motion to transfer venue filed by two lawyers and their law firm should have been granted as neither lawyer resided in the forum county and their law firm was not located in that county. Rader v. Levenson, 290 Ga. App. 227, 659 S.E.2d 655 (2008).
of personal representative or
(a) Upon the petition of any person having an interest in the estate or whenever it appears to the probate court that good cause may exist to revoke the letters of a personal representative or impose other
sanctions, the court shall cite the personal representative to answer to the charge. Upon investigation, the court may, in the court’s discretion: (1) Revoke the personal representative’s letters;
(2) Require additional security;
(3) Require the personal representative to appear and submit to a settlement of accounts following the procedure set forth in Article 6 of this chapter, regardless of whether the personal representative has first resigned or been removed and regardless of whether a successor
fiduciary has been appointed; or
(4) Issue such other order as in the court’s judgment is appropriate under the circumstances of the case.
(b) In any proceeding brought pursuant to this Code section, service of notice shall be made in the manner provided by Chapter 11 of this
title.