Legal Question in Wills and Trusts in West Virginia

Re: unfair share

In Maryland, the Personal Representative must send all of the interested persons (persons named in the Will to inherit) a copy of the first and final accounting in any large estate.

You will have 2o days from the date of the Court Order approving the accounting to file exceptions to the accounting at the Register of Wills. If you fail to do so within the 20 days you are out of luck so to speak

Re: unfair share

The Last Will and Testament and state law controls. If the will only directs distribution to the 4 beneficiaries equally, then the distribution is easy with cash. The problem is with personal property. Unless everyone agrees, there will be a problem. There are at least two soulutions, the first is for the Executrix to sell everything. The second is for the Executrix to list all of the personal property and place a value on each item. The heirs are permitted to purchase what they desire to take in kind. The cost is deducted from the final distribution. If two or more heirs want the same item, a sealed bid is taken. It is important that the Executrix treat every on fairly. The Executrix does not have a "power of appointment" unless it is specifically given to her in the will. A power of appointment permits distribution of personal property in kind to the distributees at the discretion of the person holding the power. Any beneficiary can call for the appointment of a Fiduciary Commissioner to review the actions of the Executrix, or ask the County Commission to appoint a Fiduciary Commissioner if one has not yet been appointed. Any beneficiary could bring a suit in Circuit Court if there is malfeasance on the part of the Executrix. You ought to first ask the Executrix for answers to your questions and if there is no co-operation, see a lawyer.