How do I challenge the executor of the estate in WV?

[mindwrker]

WV - My father died without a will. He said he had one but it can't be found. Two weeks before his death he and his wife and I spoke about his wishes. I have it on tape. She has given away assets, refused to give the heirs an accounting of assets and debts, sold assets and not accounted for the money, co-mingled estate money into a checking account she had joint with dad, and refuses to talk to any of the kids about what is happening. It has been 8 months and after two requests from the county clerk has still not filed anything relating to the estate with the courthouse. How can I challenge her? Can I have her removed? What recourse do I and my brothers have?

[Kiawah]

So you want to challenge the intestate succession

[url]http://www.state.wv.us/taxrev/taxdoc/tsd393.pdf[/url]



I suspect you are going to have to get a local W.Va lawyer, to see if your recording would be admitted as a legal will in W.Va, how you would prove who is on the tape and speaking, and how you prove that it hasn't been edited or changed would be interesting. 'Why' you would want to tie this up and expend legal fees, to take the money from your mother, is I guess a separate question.

I've been taking care of my MIL and mother in their older age..

[Dandy Don]

Get an attorney. The spouse's actions may be improper if she didn't have title to the assets given away, and your attorney can force probate open so that judge can ask whoever has the will to produce it for court or divide it according to intestate law.

DANDY DON IN OKLAHOMA (tiekh@yahoo.com)