Three of Chambers' children ask to be executor of her estate

Mar. 15—Raleigh County Commission is considering separate requests by three of Madrith Chambers' five children to be the executor of her estate.

Chambers, the prominent Beckley citizen and late Distinguished West Virginian as honored by Gov. Jim Justice, died on Dec. 17 at age 86 and did not leave a will or name an executor of her estate before she died, according to one of her children.

Chambers lived in Beckley with her daughter, Jennifer Chambers, but had moved in with her son Patrick Bennett and his fiancee, Shavonne English-Smith, according to attorneys' statements. Her intention was to move back into her house with Jennifer.

While staying with Bennett, though, Chambers fell and fractured her hip. She had surgery and died two days later, according to statements made to commission by Brandon Gray, an attorney for Chambers' daughter Stephanie Rosario of California.

Bennett's attorney, Robert Dunlap, who also serves on the Beckley Common Council, said that several days prior to her death, Chambers had signed legal documents that gave Bennett general and medical powers of attorney.

Dunlap was Chambers' attorney and personal friend.

Chambers did not make a will, nor did she name an executor of her estate, Dunlap said.

According to Dunlap, however, Chambers had stated that she wanted Bennett to be her executor.

Chambers was the mother of five children: Rosario, 63; Bennett; Gregory Bennett; Shari Chambers-Austin; and Jennifer Chambers.

She was a former council member of Beckley Common Council, where she led efforts that led to the annexation of Red Brush District into city limits, community policing and establishment of the Kids Classic Festival.

In 2020, Gov. Jim Justice named her a "Distinguished West Virginian," the highest honor a governor may confer on a West Virginian.

Along with Bennett, Jennifer Chambers and Rosario have requested that Commission name them executor of Chambers' estate.

Dunlap has asked Commission to honor Patrick's request, saying that Patrick had made the initial request.

During the regular Commission meeting on Tuesday, commissioners heard the 911 call placed by Patrick and Shavonne to request an ambulance after Chambers fell.

Gray, the attorney for Rosario, said that Bennett had informed hospital staff that Chambers fell "at home," which was listed on her death certificate. Gray said she had fallen at Bennett's house.

"The injury happened at, actually, Mr. Bennett's home, or his girlfriend's home," said Gray. "It was not at her residence.

"That creates a conflict of interest," said Gray. "He cannot represent the estate because he has a conflict of interest, because it happened at his house."

Gray said that "there is a personal injury" that occurred in Bennett's house and mentioned a "wrongful death." Dunlap countered that Bennett had not intentionally provided wrong information.

"I imagine, in a moment of grief and being upset, he said his mom died 'at home,'" said Dunlap. "Where is her home? He gave her address for her home."

Chambers had chosen Bennett to handle her financial affairs, Dunlap said, and she had trusted him.

Rosario addressed commission and asked to be Chambers' executor. She said Chambers had drawn up a will and mailed it to her in California and that she had asked Rosario to be executor.

The will was not at City National Bank, said Rosario, and she did not have a copy. She said she would relocate to West Virginia to care for Chambers' estate. She had been unable to attend her mother's funeral because of her children and grandchildren's holiday plans, and Covid restrictions.

Dunlap said that Chambers did not have a will.

Commission President Dave Tolliver said county attorneys will continue researching Chambers' children's requests.

"There's a lot of stuff our lawyers have to go through," he said.

He said Commission could have a decision as early as April 5.

"I knew your mom," Tolliver added. "She was a very fine lady. Very fine lady, so we'll do our best, by April 5, to have a decision on it."

In other actions:

* Commission appointed Rebecca Calloway and James Songer to the Board of Zoning and Appeals.

* Commission accepted a $20 million grant from the U.S. Economic Development Administration (EDA) for use at Raleigh County Memorial Airport.

* Commission approved construction of an access road at the airport for Glockner, a company that is bringing 100 higher-paying jobs to the region, said Tolliver. New River Gorge Regional Development Authority (NRGRDA) will provide $1.5 million in funds while EDA will match it, for a total of $3 million to build the road.

* Sen. Rollan Roberts updated the commission on his work in Charleston, reporting that he has gained approval for a 90-bed veterans' nursing home that will be built in Beckley to be named in honor of the late State Veterans' Assistant Secretary Dennis Davis, a longtime proponent of the nursing home. Davis died of Covid in January 2021, prompting Roberts to pursue the honorary naming.

* Roberts also reported that a new law in West Virginia will expand oral health care to residents, which can help with better heart health.