Legal Question in Wills and Trusts in West Virginia
executor role
my husband's father was killed in a car accident and had no will. my =husband is named the executor of estate. he has no siblings. his aunts are trying to take the money coming from the insurance company. can they do this legally?
Asked on 6/04/08, 9:07 am
1 Answer from Attorneys
Thomas Zimmerman
Zimmerman Law Office
Re: executor role
There is a difference in distribution between probate assets and proceeds from a wrongful death settlement judgment or award. Both are statutory. In essence, the child of the decedent who was a widow will given distribution of the estate as well as the distribution of the wrongful death proceeds unless the aunts were financially dependent upon the decedent. The court, in approving the settlement would take evidence and make the apportionment.
Answered on 6/04/08, 12:07 pm
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