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Commission asks prosecutor to prepare order to remove fiduciary commissioner and refer estate to circuit court
Summary
After counsel said a fiduciary commissioner had not issued a recommendation in an estate matter and had been paid an initial fee, Fayette County commissioners directed the prosecuting attorney to prepare an order to remove the fiduciary commissioner, require refund of fees, and refer the matter to circuit court so related litigation can be heard together.
Commissioners considered a fiduciary‑commissioner matter in which private counsel told the board that a recommendation had not been issued and attempts to communicate with the fiduciary commissioner had failed. Counsel said the party had paid an initial fee to the fiduciary commissioner but had received no action.
Commissioner Paul Clay agreed to review for conflict; the board discussed bookkeeping options and noted that the party had paid an initial fee. After legal discussion commissioners moved that the prosecuting attorney prepare an order to remove the fiduciary commissioner, require refund of the fee to the party and refer the associated estate matter to circuit court so the related civil litigation can be heard together. The motion was seconded and approved by voice vote.
The board instructed staff to serve opposing counsel and circulate copies of the order when prepared.
