Estates and Wills

My mother passed away September 2008, she had property, antiques and part in 3 gas wells; she left no will however my eldest brother took it upon himself to become administrator of her estate. He hasnt really done anything though to resolve this matter amongst her other 5 children. I was wondering what can be done to finally end this?

Asked on June 16, 2009 under Estate Planning, West Virginia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Technically you all equally had the right to become administrator of your Mother's Estate.  In order to become the personal representative he would have had to give a list of all heirs at law - you and your siblings being same.  It is unclear what you meant by resolving the matter amongst the children.  Has he had to deal with other issues like debt owed, liens on property, etc., or has he done nothing at all?  You should go down to see the clerk of the Probate court and ask to see your Mother's file to see what as been done.  If things do not look right you should consult an Estate attorney to inquire on your behalf.  The attorney will be able to let you know the next course of action, which could be having someone else substituted as administrator.  West Virgina has time line guidelines for estates.  Make sure that he is complying with it all. Good luck.


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