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2018 Georgia Code 53-6-2 | Car Wreck Lawyer

TITLE 53 WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES

Section 6. Administrators and Personal Representatives, 53-6-1 through 53-6-64.

ARTICLE 1 GENERAL PROVISIONS

53-6-2. Executor de son tort.

Any person who, without authority of law, wrongfully intermeddles with or converts the personalty of a decedent whose estate is unrepresented shall be deemed an executor de son tort and as such shall be liable to the creditors and heirs or beneficiaries of the estate for double the value of the property so possessed and converted. Such executor shall not be allowed to set off any debt due the executor by the decedent or voluntarily paid by the executor out of the assets. If the executor dies, the executor's personal representative shall be liable in the same manner and to the same extent as would the executor were the executor still living.

(Code 1981, §53-6-2, enacted by Ga. L. 1996, p. 504, § 10.)

COMMENT

This section carries forward former OCGA Sec. 53-6-3 and replaces the term "executor in his own wrong" with the term "executor de son tort".

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former Code 1933, § 113-1102, are included in the annotations for this Code section.

Accountability as executor and holder of life estate.

- When an executor also held a life estate in property, the executor's broad power as life tenant was not determinative of the executor's liability for an accounting of the estate in the executor's capacity as executor, in the face of the remainderman's claims of fraud and mismanagement. Cannon v. Bangs, 269 Ga. 671, 502 S.E.2d 224 (1998).

Trial court erred to the extent the court applied the presumption in O.C.G.A. § 7-1-813(a) to funds which the executors withdrew from the original joint accounts and placed in accounts solely in their name because to the extent they took funds in excess of their ownership from a joint account containing funds owned by two beneficiaries and placed those funds in an account in their name, they severed the joint account relationship and extinguished the presumption that the funds belonged to them. Shirley v. Sailors, 329 Ga. App. 850, 766 S.E.2d 201 (2014).

Alteration of compensatory award after appeal.

- Trial court erred when the court altered the award to the decedent's estate of compensatory damages, under O.C.G.A. § 53-6-2, after the executor's unsuccessful first appeal. In re Estate of Tapley, 312 Ga. App. 234, 718 S.E.2d 92 (2011).

Cited in Comerford v. Hurley, 246 Ga. 501, 271 S.E.2d 782 (1980); Woodes v. Morris, 247 Ga. 771, 279 S.E.2d 704 (1981).

No results found for Georgia Code 53-6-2.