In Re Estate of Fain

In this probate matter we consider an appeal by a former administrator of the decedent’s estate and her surety from a judgment imposing a surcharge of $715,000, plus interest, attorney’s fees and costs. Eleanor Fain and her surety, Highlands Insurance Company (Highlands; collectively, the appellants), seek reversal of a “Judgment After Trial” entered after a 12-day bench trial conducted by an agreed-upon retired judge. The primary issues raised are whether the trial judge was properly appointed and empowered to render a binding judgment and, if so, whether substantial evidence was presented to support it. The respondents, Zjamahl Fain, successor administrator of the estate of Theodore Fain, and Traci Fain, an heir of that estate, urge the affirmance of the judgment.

As our review of the record persuades us that this matter was properly referred to the retired judge by a “tantamount stipulation” of the parties, substantial evidence supports the judgment and no prejudicial procedural errors occurred, we affirm.

Factual and Procedural Background

On October 12, 1990, the decedent, Theodore Fain, died intestate. He left three heirs: his children, Preston, Zjamahl and Traci.…