Legal Question in Wills and Trusts in West Virginia

rights of executrix

My mother passed away on 3/29/04, leaving me executrix of her estate. My brother was living in her home at the time of her death and has since moved in with his girlfriend. He put up no trespassing signs. Stating his personal belongings were still in the house. The gas and water were turned off due to non-payment by my brother. As the executrix do I have any legal rights to enter the home?

By the way, he is going to contest her will. And she was living with me, in my home, for the six months prior to her death.


Asked on 5/07/04, 8:45 pm

1 Answer from Attorneys
Rodney Berry Berry, Kessler, Crutchfield and Taylor

Re: rights of executrix

Assuming that the house was left to you and your brother in your mother's will or simply left to you, you have the absolute right to enter it.

Your brother will not have much luck in contesting the will.

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Answered on 5/08/04, 12:59 pm


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