Matter of Estate of Snapp

SACKETT, Judge,

dissenting.

I dissent. I would affirm the trial court.

The question is objections to the closing of Gene Snapp, Sr.’s estate. The objections have been made by a natural daughter of the decedent, attorney Carol D. Barron. Carol lives in Florida and her existence was not known to the executor or the decedent’s other heirs until nearly seven years after the estate was opened.

Gene Snapp, Sr. died in May 1981. To the best of his family’s knowledge, he left surviving him a wife, an adoptive daughter, and a natural born son. Gene Sr. had died testate and his will provided for his son, Gene Jr., to be executor and trustee of a pour over trust. Gene Jr., an attorney and a certified public accountant, has served as executor and attorney for the estate since it was opened in 1981.

In February 1988, Gene Snapp, Jr. learned he might have a living half-sister when he received a letter from the objector addressed to his late father. In the letter, the objector was seeking to determine if the decedent were her natural father.

The estate had a number of businesses. From 1981 until 1988 the estate was open and Gene Jr. engaged in winding up his father’s affairs. While court approval was not sought for the actions Gene Jr. took, the actions were done with the approval of his father’s wife and his sister, the only known interested parties. Even if court approval had been obtained, it would have been given without notice to the objector, consequently, having had court approval would not have resolved any issues as to this objector.

By the time the objector appeared, the executor had liquidated the businesses of the decedent, the real estate had been sold, a number of tax issues had been negotiated, and the minority stockholders were retired. The trial court determined Gene’s efforts had resulted in an increase of $1,200,000 in the estate’s assets.

There is nothing in this record to show the executor was not diligent in locating the objector. She was born in January 1948 of a marriage of very short duration. The decedent had last paid child support for her in 1956. She was raised as the child of the man her mother married after she divorced the decedent. She and her family lived in the southern United States.

The sole objector is Carol, the newly discovered daughter. She challenges factors that happened when Gene Jr. thought he was operating with the consent of the only known interested parties. He did not *36know of Carol, therefore, she would not have been notified of any application seeking court approval and any order entered would not have been binding on her.

My review of the record convinces me that any person performing the duties of running and liquidating the decedent’s businesses had a difficult assignment. I find no valid reason to disturb the findings of the trial court who had an opportunity to review the work done on the estate.