My question involves estate proceedings in the state of West Virginia
My grandfather recently passed away leaving behind a world of possessions, very little personal debt and fortunately a last will & testament. The will itself has yet to be probated and names my aunt (my mother's sister) as the executor. Essentially the will states that all of my grandfather's possessions be sold and that the money collected from the sale be distributed evenly amongst his eight children.
The executor has come to the conclusion that she is not fit to be an executor but has yet to take the necessary steps in order to relinquish her duties. The will states that if my aunt were to waive her duties as executor then the next person to fill the position would be my uncle (my mother's brother). However shortly after my grandfather's death (and even before his burial) this same uncle had already begun to claim and remove items from the estate and continues to do so. Clearly the behavior and the actions of my uncle are against my grandfather's wishes and are not in compliance with his will.
At this point in time roughly half of the immediate family would rather allow my uncle to continue to steal from the estate in hopes of avoiding a dramatic confrontation while the other half simply want things to be handled fairly and in accordance with my grandfather's wishes. Although I would hope that I could somehow avoid such action, my first inclination was to contact the local authorities and report the theft of the property from the estate. (I am unsure as to whether or not this can even be classified as theft?) In a situation such as this, what is the appropriate course of action that one could take in order to ensure compliance with the will? Thanks!