Legal Question in Wills and Trusts in West Virginia

Need to know

Ernie Kautz left a trust fund for me to recieve when I turn 21 years old. I am now 22 years old. I do not know which laywer he used. How can I find out? I do know that he is buried in Auburn, West Virginia. PLEASE, help me.


Asked on 1/30/06, 11:48 am

1 Answer from Attorneys

Thomas Zimmerman Zimmerman Law Office

Re: Need to know

Your question implies that Mr. Kautz left money for you in a testamentary trust. If so, the will is the document which specifies who the trustee is. The trustee has a fiduciary duty to preserve the funds and deliver them to you in strict accordance with the trust document. You should visit the Probate Records at the Courthouse and have the clerk look up the will and give you a copy. You could also call her for a copy. (Susan Scott)If the will or the intestate succession left you money, the County Commission would appoint a guardian to receive the money and hold it for you. I suspect that you trust is testamentary because if it were intestate, you would have received the money at age 18. When you secure a copy of the documents, check to see if the trustee posted bond. If the trustee has wrongfully taken the money, you will have to sue and recover from the bonding company.

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Answered on 1/30/06, 12:26 pm


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