Legal Question in Wills and Trusts in West Virginia

Wills

Hi,

My Dad is 74 years old, and for the last 2 years he has been in a rest home. The last year of his life he got very sick and was unable to walk, he owed his house. He didn't like the rest home, so he wanted me to shut his house down and sale it and move into a high rise building. The High Rise Building had a very long waiting list so we decided that he was to move in with me in middle of March 2004. He died the 13th of March. He had a will, my oldest brother was the Executor on the will. Now since after christmas 2003 I have moved and sold all his stuff that was in the house and his car. Now the Executor (ny brother) says that I'm in trobule. All this stuff was done while my dad had a sound mind and wanted to leave the rest home. We didn't know he would die. The money that I made from the car and his stuff in the house went right to my Dad. The Big Question is Am I in trouble?


Asked on 3/20/04, 9:29 am

1 Answer from Attorneys
Thomas Zimmerman Zimmerman Law Office

Re: Wills

There are many questions to be asked prior to giving an answer. Generally speaking, your father is permitted to direct you or allow you to liquidate his assets to pay for his care as he sees fit. Your brother, once qualified as the Executor of the will, has the exclusive right and duty to liquidate the remaining assets and pay the remaining expenses. He then must account for his actions as part of the probate process.

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Answered on 3/22/04, 8:15 am


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