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Commission hears two estate matters: surety bond retained in Swinson matter; executrix removed in Humphreys estate
Summary
At state hearings the commission retained a surety bond and sought interim accounting in an administrator dispute in the Swinson estate, and removed the executrix for the estate of Peggy Ann Humphreys and ordered an interim accounting within 30 days.
The commission handled two probate‑related state hearings on Feb. 18, reviewing fiduciary actions and ordering interim accountings in both matters.
In a hearing on the estate of the late James S. Swinson, the fiduciary supervisor reported that decedent James S. Swinson died intestate on June 22, 2024. An individual, Robert Allen Blackman, had qualified as administrator and posted a $100,000 surety bond. Later, an original will dated Nov. 19, 1985 was submitted. The fiduciary supervisor said the will met West Virginia requirements and resulted in qualification of Cynthia Winters as executrix and removal of Robert Blackman as administrator. The fiduciary supervisor requested the commission keep Blackman’s surety bond in place until he files an interim accounting showing all probate assets he handled while administrator; commissioners approved the request on the advice of counsel by voice vote.
Separately, the commission heard a petition by Christine Ashbrook (represented by counsel Jamie Hill) to remove Tracy A. Hose as executrix for the estate of Peggy Ann Humphreys, citing delinquent accountings and lack of communication with beneficiaries. Counsel said state law (West Virginia Code §44‑4‑2) requires fiduciaries to file an annual accounting and alleged a 14‑month delinquency. The petition requested removal and that any executor fee be disallowed. Responding in person, Tracy A. Hose acknowledged communication shortcomings, described actions she had taken (including paying bills and working on tax filings), and told the commission she would file outstanding materials. After discussion the commission granted the petition: commissioners removed Hose as executrix and ordered an interim accounting to be submitted to the fiduciary office within 30 days.
Both actions were presented by the county fiduciary supervisor and carried on the advice of legal counsel; votes were taken by voice and recorded by the chair as “ayes.”
