Legal Question in Wills and Trusts in West Virginia

fiduciary commissioner

Hello, I know any beneficiary can call for the appointment of a fiduciary commissioner (Thanks to your help) I called the county commissioners office about this and was told the estate lawyer had to request this service. The estate lawyer told the executrix(who is very upset that we would request this) she is not even speaking to us anymore.I received a short note that I could hire someone to go to the lawyers office to review the records.Is this a service that we are entitled to from the commissioners office w/or w/out a fee or should we just pool our funds and get a lawyer.The 3 sibblings questioning the actions of the executrix are in 3 different states.She very defensive when we just want to talk we have received no paper work at all on anything and she 's ready to settle soon . thays all she lets us know. Thanks for you help once again.


Asked on 11/02/06, 6:59 pm

1 Answer from Attorneys

Thomas Zimmerman Zimmerman Law Office

Re: fiduciary commissioner

It is my belief that this forum should be the source of general information useful to non-lawyers to gain perspective as to substantive law and procedure. Often the answer to a particular question may be found in a general discussion because it involves a general matter or any additional information needed is within the knowledge of the person making the inquiry. Any time you have the opportunity to open discussion and review records, you should do so. You might find out that your fears and concerns were not well founded and save a lot of trouble. On the other hand you might find that the parties are hiding something and you then may have enough evidence to file a motion before the County Commission for relief. The County Commission will probably refer the matter to a Commissioner of Accounts to issue a ruling. The Fiduciary Commissioner and the County Commission have limited jurisdiction. It makes sence to pool your money and hire a lawyer to make the inquiry and look at the records.

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Answered on 11/06/06, 8:11 am


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