Public-domain · open source
OpenJurist

W. Va. Code § 44D-3-303

Representation by fiduciaries and parents

Known as the West Virginia Uniform Trust Code

The act spans §§ 44–44 (98 sections).

Applied in 1 court decision — leading case State of West Virginia v. Stephanie Elaine Louk (2016)

Most recently applied in State of West Virginia v. Stephanie Elaine Louk (May 2016)

To the extent there is no conflict of interest between the representative and the person represented or among those being represented with respect to a particular question or dispute:

(1) A conservator or guardian of the protected person may represent and bind the estate that the fiduciary controls;

(2) An agent having authority to act with respect to the particular question or dispute may represent and bind the principal;

(3) A trustee may represent and bind the beneficiaries of the trust;

(4) A personal representative of a decedent's estate may represent and bind persons interested in the estate;

(5) A parent may represent and bind the parent's minor or unborn child if a conservator or guardian for the child has not been appointed; and

(6) If a minor or unborn person is not otherwise represented under this section, a grandparent or more remote ancestor may represent and bind that minor or unborn person.

Official source: West Virginia Legislature. Reproduced from public-domain West Virginia statutes; confirm against the official source for the current text. Not legal advice.