Monongalia commissioners direct filing process after estate disputes; remove executrix in one case

The Monongalia County Commission on Aug. 27 heard two fiduciary matters: a public claim concerning the estate of the late Clarence Miller and a petition to remove an executrix in a separate estate filed by Ethel Long.

The commission voted to remove Elena Harvey as executrix in a petition related to the estate identified as the “State of Jeffrey Jones.” Commissioner Sean made the motion to remove Elena Harvey as executrix; the motion received a second and passed on a unanimous voice vote of the three commissioners present.

During public comment, George Miller said his father’s funeral had been paid for and that the person serving as executrix had run up a large funeral bill without paying it. “My dad had told us that his funeral had been paid for, and he gave the money to the executrix,” Miller said. He told the commission he and his brother had paid the bill out of concern for the funeral home and asked that the executrix be removed and his brother appointed so estate bills could be paid.

County officials advised Miller on filing procedure rather than taking immediate action on the claim. The commission’s administrator explained that a petition to remove an executor/executrix should be filed in the clerk’s office; once filed and served, the matter is subject to a notification period and will be brought back to the commission for formal action. The commission said it would not take action on the Clarence Miller claim at that time and recommended Mr. Miller file a petition to remove the current executor if that is his desired outcome.

For the petition concerning Elena Harvey, the motion before the commission was to remove her as executrix; commissioners voted in favor and directed the clerk/administration to proceed according to statutory notice procedures. The meeting record does not show a contested roll-call vote; the chair called for “all in favor” and commissioners responded “aye.”

The commission also noted the usual notification and response timelines that follow filings with the clerk’s office; county staff explained the petition will be circulated to all parties and there is a period for response before the commission or a fiduciary commissioner acts.

No additional fiduciary orders were taken at the meeting.

Looking ahead, officials instructed interested parties to file formal petitions with the clerk’s office; the commission indicated it will consider any subsequent filings when the clerk forwards them.