In Re Estate of Miraglia

Adams, Judge.

Appellant Robert Herndon was appointed guardian of the property 1 of Edward Miraglia, Jr. on March 31, 1998. He served in that capacity for almost a year, until Miraglia died on March 18, 1999. Herndon turned over Miraglia’s assets to the co-executors of the estate, 2 but retained $376,398 as compensation for his service as guardian pursuant to then applicable OCGA § 29-2-42. 3 The co-executors subsequently filed a Motion for Repayment of Excess Guardian Fees on the ground that Herndon erroneously calculated his fees under that Code section by taking 2.5 percent of stocks, bonds…