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Appeals court weighs probate timing and unjust‑enrichment claims after late will admitted
Summary
In an appeal over distribution of assets after a late will was probated, counsel for the administratrix argued the Circuit Court erred in applying the six‑month probate‑challenge statute; the respondent said final administration and intestacy rules insulated heirs and that equitable remedies were limited. Judges explored whether reopening, amendment, or equitable relief remain available.
John Brewster, arguing for the petitioner Valerie Jane Poe (administratrix), told the court the circuit court applied West Virginia Code § 41‑5‑11 too broadly when it dismissed the estate action as time‑barred. Brewster said the statutory scheme governing probate and equitable remedies permits challenges in some circumstances after a final administration and urged reversal of the dismissal. "The circuit court erred in applying the statute of limitations," Brewster said, arguing the complaint pleaded equitable claims such as unjust enrichment that are not categorically barred by the six‑month probate challenge rule.
Respondent counsel argued the administrator and county commission followed statutory procedures for intestate administration and that the district court’s dismissal was proper given the record and applicable code sections. Judges pressed both sides about whether equitable doctrines (laches, reopening statutes) or statutory mechanisms (W. Va. Code §§ 41‑5‑11; 44‑4‑18) provide relief and whether the circuit court’s alternative rationale (that the complaint failed to state an unjust‑enrichment claim) was properly before the appellate panel. The appeal was submitted after argument.
