Executor

[mmlewis2163]

What is the name of your state? West Virginia

Grandmother died 11-1-03 with a valid will listing her only son as Executor, and listing the remaining 3 children & 2 grandchildren as Benficiaries.

Executor probated the will on 11-25-2003. No inventory was or has been taken and items are being removed from the home daily(wedding rings, antiques, family heirlooms). He has shut off most of the utilities in the dead of winter and now we're worried about bursting pipes. He has let the homeowners lapse stating he couldn't get coverage since the home was vacant; however he's added it to his own homeowners but for liability only. Are the remaining beneficiaries liable should someone get hurt on the property? I've since learned we can get coverage on the home although it would be at a higher premium than if the home was inhabited. Is there a way to make him pay for homeowners insurance as Executor?

Further, nothing has been said about the 3 life insurance policies (totally 5K) she had. At the time of her funeral arrangements, it was agreed by everyone that who ever was listed as beneficiary would sign them over to assist in paying for her burial expenses. No one has been notified or asked to sign anything. I personally saw that one was made out to the Executor and his sister who lives in SC, another was made out to Executor & sister in WV, and a third turned out to be accidential death. She died of cancer so this in n/a.

The will has a second person listed should the son not wish to perform the duties of Executor. How do we overthrow the son in lieu of this person?

 

[I AM ALWAYS LIABLE]

How do we overthrow the son in lieu of this person?

==================================

My response:

We don't answer questions like - -

1. "Could you walk me through the steps?"

2. "What are the procedures?"

3. "How do we do it?"

To answer such questions would require representation and "living" with you throughout your case. We can't do that.

If you need to know "How do we do it?" type answers, then you need to hire your own attorney or go to your nearest bookstore to buy a "How To" book on the subject.

We only answer specific legal questions.

IAAL

 

[Dandy Don]

Without an inventory to go by, it's your word against his as to what has been given away, and you don't yet have documented evidence/proof as to who has been given what, so you don't really have grounds to get this executor removed, but it's still early in the process.

The "agreement" to pay the funeral expenses was only verbal, right? The beneficiaries of the policies can keep the money for themselves if they want, but let's hope they will keep their word to get the funeral paid.

You need to be talking to a local probate attorney to find out what, if anything, you can do to stop the giving away of personal property, or there does not look like there will be much of an estate left to distribute.