In a recent government meeting, significant discussions centered around the estate of the late Francis T. Rasel, who passed away on December 10, 2023. The fiduciary supervisor, Will Lorenson, presented a case involving a dispute over the appointment of the estate's executor.
The primary contention arose when Steven Palmer Smith, who presented a will as the alternate executor, was challenged by the first named executor, Stephen Frame. Frame's attorney, Michael Busch, argued that procedural safeguards were not followed, which denied Frame the opportunity to fulfill his role as the appointed executor. According to West Virginia law, the custodian of the will is required to notify the named executor within 30 days of the decedent's passing, a step that was reportedly overlooked in this case.
Busch emphasized that Frame had not been informed of his appointment and thus could not act on behalf of the estate. He presented affidavits from beneficiaries supporting Frame's petition to be recognized as the rightful executor, asserting that this would uphold the decedent's intent.
The commission was urged to remove Smith as the acting executor and appoint Frame instead, ensuring that the estate's administration would proceed without further delay. The meeting concluded with a call for the commission's consideration of the petition, highlighting the importance of adhering to legal protocols in estate management.