Harrison County removes executor of Carol Kebney estate, transfers administration to sheriff

The Harrison County Commission on Wednesday voted to remove John Edward Zaworski as executor of the estate of Carol Kebney and to appoint Robert G. Matheny II, Harrison County sheriff, as administrator to move the estate toward sale.

The commission took the action after receiving a report from James A. Varner, who identified himself as the fiduciary commissioner assigned to the estate. Varner told the commission the estate’s administration had stalled for more than a year because heirs could not agree on next steps, required filings had not been made, and the single significant asset — a house on acreage that Varner described as in substantial disrepair — had not been sold or otherwise resolved.

Varner said he and his office had not received required annual appraisals or updates and described “severe dysfunctionality” among siblings and repeated delays. He told the commission he had received reports that a neighbor had observed a possible homeless camp on the property and that several foreclosure attempts and purported cash offers had failed to close or were unsupported by documentation.

Varner recommended removal of the executor and that the sheriff be authorized to take possession and begin the sale process, including an auction if necessary. He said an auction or sheriff-led sale was the most reliable way to resolve the matter and protect remaining estate value.

Beneficiaries who spoke at the hearing gave conflicting accounts. Cindy Dove, a family member who said she helped the executor get accounts and a bond in place, said she had submitted written offers and earlier documentation to Varner’s office. Amanda Maddox, a beneficiary, said she recently paid to stop a foreclosure and described continuing expenses she said she had incurred to preserve the house. The fiduciary commissioner and beneficiaries disagreed about whether verified cash offers existed and whether an appraisal or only an “opinion of value” had been done.

During the hearing commissioners asked procedural questions about whether the estate could be taken to circuit court and how costs — including auctioneer and foreclosure fees — would be paid. Varner said legal costs and usual closing expenses would be paid from sale proceeds if funds remain after foreclosure or auction. He also said that, because no will had been produced, distribution and sale were governed by the laws of descent and distribution, which requires agreement of heirs or a court order.

Commissioners voted to grant the petition to remove the executor and appoint Sheriff Robert G. Matheny II as administrator. The motion carried with one commissioner recording opposition during the roll call.

The commission did not adopt a disposition schedule at the meeting; Varner said the sheriff’s office would receive a complete file and that the sheriff could coordinate with auctioneers and pursue foreclosure or auction as appropriate. A written order formalizing the appointment will be issued and made available to interested parties.