Teresa Farmer v. Jeremiah Edward Farmer, individually and in his official capacity as Executor of the Estate of William J. Farmer, Sr., Ashley N. Deem, Chief Deputy Clerk, and William Joseph Farmer, Jr.

Summary

The Intermediate Court of Appeals of West Virginia affirmed orders declining to remove Jeremiah Farmer as executor of the Estate of William J. Farmer, Sr., and denying Teresa Farmer’s Rule 60(b) motion. The court held that Teresa Farmer did not establish executor incompetence or breach of fiduciary duty and had not complied with the statutory requirements for claiming an elective share. The court also concluded that the circuit court did not abuse its discretion in denying post-judgment relief.

Holdings

1. A party seeking removal of an executor must establish that the executor is incompetent or has failed or refused to perform the executor's duties. Teresa Farmer did not meet that burden, so the circuit court properly declined to remove Jeremiah Farmer.
2. A surviving spouse who seeks an elective share must comply with West Virginia Code § 42-3-4(a) by filing an elective-share petition within the statutory period, serving the personal representative and interested persons, and providing the required hearing notice. Teresa Farmer's general claim for expenses did not satisfy those requirements, and the court found no basis to excuse compliance.
3. The circuit court did not abuse its discretion in denying Teresa Farmer's Rule 60(b) motion for relief from the judgment.

Questions Presented

1. Whether the circuit court erred by declining to remove Jeremiah Farmer as executor based on alleged improper conduct and breaches of fiduciary duty.
2. Whether Teresa Farmer was entitled to an elective share despite failing to file an elective-share petition, provide the required notices, and obtain a hearing under West Virginia Code § 42-3-4(a).
3. Whether the circuit court abused its discretion by denying Teresa Farmer's motion for relief under West Virginia Rule of Civil Procedure 60(b).

Disposition

affirmed