Legal Question in Wills and Trusts in West Virginia
Estate Property
My father died in WV-I was appointed Administrator of his estate. A will has been produced and another individual has been named Executor. Befor the will was produced and because of a medical emergency I drove my fathers car home to KY- I have since been told that it must be returned to the Executor but that it is no longer covered by insurance because I have been relieved as administrator and I do not have executor's permission to drive it. I don't feel comfortable driving the car so may I ask that the car be picked up here-in KY?
1 Answer from Attorneys
Re: Estate Property
I cannot give specific legal advice to your inquiry. Generally speaking, the Executor, upon qualification and posting of bond has the authority and duty to administer the assets, including the car. I know of no duty which requires a third party to go to expense to deliver assets. A beneficiary does have an interest in reducing the costs of administration however. Only the Executor has the right to arrange for pick up of assets but could give permission to anyone to make delivery. The Executor is responsible to see that the property and the estate is protected with insurance. The insurance may even be the insurance held by the decedent in his lifetime, the agent should be able to confirm coverage to the Executor.
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