Legal Question in Wills and Trusts in West Virginia
Estate Division
My fathers will states that his estate be divided equally between 4 siblings.One sister(who is the executrix) seems to think she has the right to pick the things that she and her husband want(big ticket items)first and then the rest of us can have whats left.My dad had a gun collection and she has picked the one that her husband wants but they are also ones that the other siblings want.I told her this and she said if there is a problem with her getting them she was putting all the guns in the auction we are planning to have.She also claims that things are going to be her way only and we have no say in the matter.She has removed property from the house (tractor w/attachments) for her use at her house and now claims she yet again is going to delay dividing the guns even longer.Everything has to be done at her convenience.I live out of state and she makes it very difficult for me.I have no problem traveling and taking off work but then she'll change the date after I have made arrangements.She also keeps saying she's gonna turn everything over to the state to deal with it.Would a family member be given that duty if she fails to complete it?Can she pick and choose what she wants first?Don't we have rights too?
1 Answer from Attorneys
Re: Estate Division
A fiduciary owes the highest duty in the performance of her responsibilities. The executrix of an estate cannot self deal. That is an executrix may not take property or even sell property to herself without the consent and approval of all of the beneficiaries. In the absence of such agreement, the personal property must be sold. The executrix has much discretion as to how to sell and for how much. If you suspect dishonesty, you can petition the County Commission to require increased bond as well as an acounting.
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