West Virginia Record

Saturday, December 14, 2019

State, family allege Clay County failed to file estate report

By Louie Torres | Apr 10, 2018

General court 05

CLAY — The state and the executors of an estate are suing the Clay County Commission, alleging breach of duty and violation of federal law.

The state of West Virginia, Vivian Knotts and Betty Nelson filed a complaint in Clay Circuit Court against the County Commission of Clay County, alleging the board failed to file a report with the county commission regarding the death of the plaintiffs' family.

According to the complaint, Irene Triplett Nelson, a resident of Clay County, died April 26, 2006. The suit says the plaintiffs were damaged as the result of the delay of the report regarding Nelson's death in a legal matter. The plaintiffs allege the county commission failed to provide a valid reason for this absence of a report.

The plaintiffs seek that the commission and fiduciary commissioner make and file a report with findings and recommendations, plus all further relief the court deems just. They are represented by attorneys Arie Moshe Spitz of Dinsmore & Shohl, LLP in Charleston, and by Orton A. Jones of Hedges Jones Whittier & Hedges in Spencer.

Clay Circuit Court case number 18-C-5

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State of West VirginiaClay Circuit Court