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Commission removes executor in Betty Young estate; appoints two co-administrators
Summary
After a petition from family members alleging a lack of accounting and loss of estate property, the commission removed Donald Foster as administrator of Betty Young’s estate and appointed April Daley and David Foster as co-administrators effective immediately.
The Morgan County Commission, sitting in its quasi-judicial role for probate matters in the county, voted to remove Donald Foster as administrator of the estate of Betty Young and to appoint April Daley and David Foster as co-administrators, effective immediately.
The petitioners told the commission the estate has been open for several years and that the previously appointed administrator failed to supply required accounting and allowed an estate parcel to lapse through a tax sale. One petitioner told the commission: "Mom was ordered to account for the money spent out of the estate, and it was never done," and another said the sums involved appear to exceed $50,000. Commissioners asked clarifying questions about notice to interested parties and whether appropriate service had occurred; staff noted certified-mail issues for one party living in a nursing home.
Why it matters: County commissions sometimes hear probate-related petitions when the administration of small estates remains unresolved; replacing an executor or administrator is a substantive action that can change who manages estate assets and how creditors and heirs are paid.
The commission chair read the petition into the record and asked whether the petitioners wished to speak. After hearing from the petitioners and brief staff comment about the county’s role in the process, a commissioner moved to remove Donald Foster and appoint April Daley and David Foster as co-administrators; the motion carried by voice vote.
What the record shows: Petitioners alleged a failure to provide an accounting and cited a lost parcel that could not be redeemed; the commission did not announce any civil penalties on the record. The commission directed staff to prepare the paperwork to document the change of administrators.
Next steps: County staff will record the commission’s order and assist petitioners with the administrative paperwork required to implement the appointment. If further legal action is necessary (for example, a claim for accounting or restitution) petitioners were advised to consult with counsel for civil remedies.
