Legal Question in Wills and Trusts in West Virginia

Executor without will

I would like to know what my rights our as an execitor? I've got 6 other Brothers and 1 of the brothers is money hungry. My Mother passed and left no will and I did what I needed to, to become executor by W.V. state law and we are having to sell the place because the one brother put a leign on the place , and no one can pay him off. He also has a car that is in his and his mothers name and he paid on it for a year and now has stoped paying on it. The loan reads that the car stands good for the loan, but he has hid the car and no one can find it. I would like to Know what my rights by law are?


Asked on 10/28/07, 4:32 pm

1 Answer from Attorneys
Thomas Zimmerman Zimmerman Law Office

Re: Executor without will

You should consult a lawyer. The real estate can only be sold with a court order. The administrator has the obligation to pay the debt on the car. The administrator could hire an investigator to locate the car to allow the administrator to either sell it to pay the debt or surrender it to the creditor. It could require suit against the person who is hiding the car. The same suit by the administrator could be used to secure permission to sell the real estate and to order the person holding the car to give it up under pain of contempt.

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Answered on 10/29/07, 8:08 am


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