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sujenk7422's avatar

Can a convicted felon be an executor of his mother's estate in the state of WV?

Asked by sujenk7422 (547 points ) January 30th, 2013

My brother has been arrested 38 times, in which my mother always bailed him out. He has been out of jail on bail since Feb., 2012 for 11 felony counts for pill shopping while going to the VA for pain meds. My mother still holds the bond, but has been deceased since November 13, 2012. He lives an unethical life, his utilities such as water, electric and Sudden Link is connected to my Mother’s estate. Mom named him and my oldest brother as executor of her estate. He is not returning any of our calls, or complying with the Realtor/signing disclosure papers to sale her house. He has signed/forged my oldest brother’s name on their joint estate account for purchase of pain medications and to further his own needs. I would like to have him removed from the executor’s position. Can a convicted felon be an executor in the state of West Virginia? Do we as beneficiaries have any recourse to keep him from leaching all her assets? Please help!

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9 Answers

silky1's avatar

Get some legal aid to assist you in having him removed from being executor. Legally yes he can be named as the executor.An attorney may be able to help you have him removed.

cazzie's avatar

See an attorney immediately! You need a judge to rule ASAP.

CWOTUS's avatar

The question is really immaterial. (Especially since it probably has a positive response that you don’t want to hear.) The question you really need to answer is “How can we – and how quickly – obtain proof of his bad acts and get in front of a judge?”

When you take that proof to a probate judge with a sworn complaint, then the current executor should be removed from the position. You probably need to move fast, as he will likely drain the estate as quickly as he can.

njnyjobs's avatar

If he has not been qualified by the county court and yet to provide a bond, then he has no powers to be Executor…. http://www.legis.state.wv.us/wvcode/ChapterEntire.cfm?chap=44

cmomoCPA's avatar

You’ll need legal counsel and move fast.

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diavolobella's avatar

Get a lawyer. You need to move to have him removed asap. You can use the fact that he is not competent (drug addict) as well as his felonious history to that effect.

diavolobella's avatar

Also, you need to press criminal charges for the forgery.

sujenk7422's avatar

My sister is contacting the Attorney General with our questions to see what our recourse is. Thanks to all for their answers!

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