Legal Question in Wills and Trusts in West Virginia

will- executor responsibilites and rights

My father, to whom I have been estranged from for over 6 years, passed away in Jan. He had only recently moved to WV from OH. He and his new wife purchased a home there. Since his passing, I realized that he had a will here in OH naming my brother as executor and myself as second. Since my brother was to handle things with our fathers wife and get things settled, I sort of stayed out of the situation. Since this time to my knowledge, there have been no probate or other estate settlement arrangements made, other than to get his 401 K monies out of the account which I have been told that my fathers wife has done and has spent the money some way. Unfortuanely for me, my brother has not done anything to verify or make sure what has been done. Now, 3+ months later, I have been told 2nd hand that my brother signed away his rights as executor and has had this notice notorized here in OH, this then makes me the executor of the will. What is to happen now? What are my legal responsiblities and ramifications of such a long wait? Do I have to take this responsibility or can I also sign away my rights?

Thank you for your time


Asked on 4/13/07, 5:03 pm

1 Answer from Attorneys
David Davies Law Office of David H. Davies

Re: will- executor responsibilites and rights

If your father was living in West Va. at the time of his death, then his estate will be probated in West Va. There may be some action necessary in Ohio if he had property in Ohio.

You do not have to accept the responsibilty as executor. You can waive and most likely the surviving spouse will take care of whatever needs to be done.

The retirement fund was most likely not a probate asset and that is why the wife was able to have the money so quickly. If your father named her as the beneficiary on the account, then the funds would be transferred to her without having to involve the Probate Court.

It is possible that your father had all of his property set up to go directly to his wife on his death. If the real estate and bank accounts were in survivorship form, then Probate Court may not be necessary at all.

There are a lot of technical issues involved in estate administration and they are different from State to State. You should not rely on this small amount of information in making your decisions. You are always better off talking directly to an attorney.

If you have more questions I will be happy to talk to you for a few minutes - no charge or obligation for the call.

Good Luck!

DHD

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Answered on 4/17/07, 9:45 am


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