Harley E. Stollings, Esq. In reviewing challenges to the findings and conclusions of the circuit court, we apply a two-prong deferential standard of review. We review the final order and the ultimate disposition under an abuse of discretion standard, and we review the circuit court's underlying factual findings under a clearly erroneous standard.
Questions of law are subject to a de novo review.
Traditional will contests challenging admission to probate of a particular document or portions thereof are limited by the two-year statute of limitations in W.Va. Fraud or tort actions that are not triable in probate court, are subject to laches or tort statutes of limitations. The circuit court denied Appellant's motion for an accounting because she was not entitled to any interest in the estate at issue. The Appellant maintains that the trial court abused its discretion in failing to order an accounting of the estate. Accordingly, we affirm.