Executor Fees-WV Estate

Asked almost 4 years ago - Columbus, OH

My brother is the Exec of our Mother's estate. The estate is divided among 3 of us children. My brother did not provide a copy of the will to either my sister or myself, I contacted the County Courthouse for a copy. I was not informed of my shares/percentage at any time by the Executor.

The Exec has sent me a Waiver of Final Settlement Form and demanded I return it back to him by 7-31. I requested copies of the bk stmts, asset stmt filed with the crthse and closing stmt on the sale of the home. I did receive those from him and I had questions on how he was handling items such as furniture, electronics, vintage Lionel Trains and my Mother's auto since he has taken possession of these items. He std he was taking this as his fee. Is he allowed to take these items as his Exec Fee?

Attorney answers (1)

  1. Justin Jay Watling

    Contributor Level 15

    Answered . You will need to communicate directly with a West Virginia probate and estates attorney. There will need to be some agreement as to the value of property if he is looking to take property in-kind as a part of his fee. The amount of his fee likely is goverened by WVa statutes.

    Usually, contested matters (where you do not sign the Waiver form) are set for a hearing. But it is unclear that you will be given such notice, so it is best to have counsel on your side for the remainder of the process. Talk to an attorney ASAP.

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