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In re Estate of Adriance
Citations: 269 Ga. App. 157; 603 S.E.2d 521Docket: A04A1034
Court: Court of Appeals of Georgia; August 16, 2004; Georgia; State Appellate Court
Dolores Gaess appeals a superior court order regarding the estate of her mother, Phoebe Adriance, arguing she did not receive the full relief she was entitled to. Adriance died intestate on January 3, 1999, at the residence of her daughter, Betty McLoughlin. The Glynn County Probate Court initially granted McLoughlin temporary administration of the estate, which Gaess contested, claiming the court lacked jurisdiction. On May 17, 2000, the probate court ruled that it had the authority to appoint administrators since it found Adriance was a resident of Glynn County at her death but later dismissed McLoughlin due to a potential conflict of interest and appointed a different administrator. Gaess appealed to the Superior Court, which found that Adriance was not a resident of Glynn County and owned no property there, thereby dismissing the probate court's order for lack of jurisdiction. Gaess contended that the superior court's ruling was too narrow and should have favored her, but the court upheld that the probate court had no authority to appoint administrators. This determination voided McLoughlin's appointment as temporary administrator. Gaess also requested an investigation into the origins of the estate filing and alleged defamatory statements against her, but this request was not considered by the appellate court. Additionally, Gaess sought to recover litigation expenses, but the court found her claim meritless as she did not specifically plead for such expenses in her initial motion. The appellate court affirmed the superior court's judgment.