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West Virginia Probate Questions & Answers
1 Answer | Asked in Probate for West Virginia on
Q: When you file a Small Estate Affadavit in SC do you have to pay the deceasedoutstanding bills

My dad passed in SC his wife passed in 2019 and I’m his only child. He only had some furniture a few drums and $2800 in bank and maybe $800 retirement…

Anthony M. Avery
Anthony M. Avery answered on Jun 28, 2021

It may not be prudent to Probate the Estate at all. An Affidavit of Heirship may be enough to get ahold of his property. If the debts are significant, sometimes it is better to let the Bank keep the money, than Probate it and pay out all of it. Consult with a competent SC attorney.

Q: My grandpa died and almost a year later his will was changed.

The will stated that if my dad dies everything goes to my step mom but my dad died before my grandpa so that doesnt make any sense and I was told by granpda when he passed the house was to be sold and split between grandkids but we are not mentioned at all in this will

Tim Akpinar
Tim Akpinar answered on May 2, 2021

A West Virginia attorney could advise best here, but your post remains open for two weeks. I'm sorry for the loss of your grandfather. You could repost your question and add Probate and Estate Planning as categories, as you mention a will. There's no guarantee all posts are picked up, but... Read more »

1 Answer | Asked in Estate Planning and Probate for West Virginia on
Q: WV law states that a will must be signed in front of two witnesses. Would the spouse's and notary's count as two?
Nina Whitehurst
Nina Whitehurst answered on Sep 13, 2019

No. An interested party cannot be a witness, nor can the notary. Find two individuals who are unrelated, not inheriting under the will, and not also serving as notary.

1 Answer | Asked in Probate for West Virginia on
Q: Regarding Non Probate - I'm seeing that includes Life Insurance that pays out to someone other than the executor or adm

What is policy for Life Insurance paid to the Executrix?

Nina Whitehurst
Nina Whitehurst answered on Sep 10, 2019

It is hard to understand what your question actually is, but life insurance is handled outside of probate. Whoever was named as the beneficiary of the policy gets the proceeds, period. It makes no difference whether that individual happens to be the executrix of the decedent's will or not.... Read more »

1 Answer | Asked in Probate for West Virginia on
Q: Re; Probate in WV .. My Father passed leaving me Executor and only Benificiary. Problem getting access to house

Will reads; hereby give, devise and bequeath all the rest, residue, and remainder of my estate, real, personal and mixed, whersoever situate of which I may die, seized and posessed ... Problem is his wife of a few short years (who cheated on him) he lost all trust in her, but she won't leave... Read more »

Jingzhan Wang
Jingzhan Wang answered on Dec 12, 2018

where is the house in question located?

1 Answer | Asked in Wrongful Death and Probate for West Virginia on
Q: Can i take my dads estate to surpream court if i feel there are attorneys doing things wrong on my dads estate

I have never been through this and my grandma is dirty i want something done my attorney isnt helping me i want tgis taken higher and im not satisfied with any of it

D. Michael Burke Esq
D. Michael Burke Esq answered on Feb 2, 2018

There is no way to answer your question without more information. When did your father die? Did he leave a will? Was his death due to natural causes, or as a result of a wrongful act? Is your grandmother the personal representative of the estate? Who are the attorneys, whom do they represent, and... Read more »

1 Answer | Asked in Probate for West Virginia on
Q: My aunt in west Virginia had passed and left her estate to her friend. My brother and I are her lawful heirs

Is this something that can be reversed with legal counsel? I don't want family heirlooms, such as furnature, jewelry, albums, or the home to be sold off to the highest bidder.

Joseph Jaap
Joseph Jaap answered on Dec 11, 2017

If her will is submitted to probate, and the court approves it, then the executor must follow it. Use the Find a Lawyer tab to consult a WV probate attorney who can review the facts, whether your aunt was mentally competent, whether the friend exerted undue influence, etc. You could file a... Read more »

1 Answer | Asked in Probate for West Virginia on
Q: My brother is not having the will probated after two months. I am watchdog in WV. How long do I have to wait or can I.

My mom told me in hospital he would leave me in the street and be careful so I have kept the original will. I called mom's lawyer and set it up. He has received much from my mom and now he is very upset mom willed me the house and part of another one. I tried to talk to him and he was very... Read more »

Ben F Meek III
Ben F Meek III answered on Feb 22, 2017

If I have understand your question, your mom made a will and entrusted it to you to have it probated. You can present the will for probate yourself. Get an experienced probate lawyer to represent you. He or she can take all the heat off of you and keep anyone from running over you. If you live out... Read more »

1 Answer | Asked in Divorce, Insurance Defense and Probate for West Virginia on
Q: I was divorced in 2014 and my ex remarried. He was ordered to pay spousal suppost for 6 years and to keep an insurance

policy in the estate of him and he passed and no estate has been filed and insurance paid claim with a good faith letter to someone other than his estate. Do I have a leg to stand on? Is his wife liable for this? Is insurance company liable

Peter N. Munsing
Peter N. Munsing answered on Aug 4, 2016

A lot will depend on the divorce decree and it's intention. Start by talking to the lawyer who you had for the divorce.

1 Answer | Asked in Probate for West Virginia on
Q: My grandmother passed away a few days ago. The house the lived in was purchased under their company name.

My mother is sole owner of company. There was no will, so does the house and it's contents go to my mother?

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 31, 2015

If the company is a corporation, or a LLC, the company would belong to your mother, not your grandmother. I've looked at this question several times, and can't see any reason why the grandmother's estate would have any claim to the property. The fact that the grandmother merely... Read more »

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