Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Fiduciary Estate topic
No spam. Unsubscribe anytime.
Berkeley County removes administratrix in James Lewis III estate, bars compensation and orders 30-day accounting
Summary
After reviewing a history of delayed filings and a low surety bond, the commission removed the administratrix of the estate of James Lewis III, barred her from fiduciary compensation and ordered an interim settlement of accounts within 30 days.
The Berkeley County Commission removed Leola Lewis as administratrix of the estate of James Lewis III and issued two follow-up orders on the county fiduciary supervisor’s recommendation.
Will Lawrenson, Berkeley County’s fiduciary supervisor, presented the history of the estate, saying James Lewis III died intestate on April 18, 2024. Lawrenson said the administratrix, Leola Lewis, initially qualified as administratrix on May 21, 2024 with a corporate surety bond from Travelers Casualty and Surety Company of America via Smith, Nade, and Bush Insurance set at $20,000. Lawrenson told the commission the administratrix later sought to resign and the decedent’s daughter, Carly Lewis, petitioned to have the administratrix removed for delinquency in filing the required appraisal of estate assets.
Lawrenson said the fiduciary office granted extensions and, after the administratrix filed appraisal documents on Dec. 12, 2024, the office discovered the surety bond remained $20,000 while the administratrix was in control of “over $120,000 in tangible and intangible probate assets,” as Lawrenson described it. The office ordered an increase in the bond; after the administratrix failed to comply, counsel for the administratrix informed the fiduciary supervisor that the administratrix would not contest removal and would not increase the bond.
On that basis the commission voted to: remove Leola Lewis as administratrix; bar her from collecting fiduciary compensation from the estate; and require her to file an interim settlement of accounts with the fiduciary supervisor’s office within 30 days.
Nut graf: The fiduciary supervisor documented missed deadlines, a bond amount the office considered insufficient relative to estate assets, and a lack of response to a demand to increase the surety bond. The commission’s orders are administrative actions to protect estate creditors and heirs while the fiduciary supervisor reviews accounting documents.
Ending: The commission’s orders set a 30-day timetable for the interim settlement to be filed; the office will review the accounting and take further steps as required by West Virginia fiduciary law.
