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West Virginia Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning and Real Estate Law for West Virginia on
Q: With a VA loan can the beneficiary pay it off or does it revert back to the va?
Anthony M. Avery
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answered on Oct 30, 2023

I do not understand your question... But the beneficiary is the noteholder/lender. VA guarantees the loan to the lender. Any payoffs go to the noteholder unless the VA has already took over from a note default, and then VA gets payoff but usually forecloses first.

1 Answer | Asked in Estate Planning and Collections for West Virginia on
Q: I'm administrator for my mother's estate. A collection agency put in a claim against it but I cannot contact who I need.

When I call, they say I "have" to speak with Kathy, who is in charge of estate claims; no one else can help me. I've called many times, left messages on every one of those calls and never had a return call. I am going to try a certified letter, but have no idea if it will reach the... View More

Anthony M. Avery
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answered on Jul 18, 2023

Is the claim properly filed against the Estate? If not, or there other defenses, it is your duty to contest the claim in Court. Your objection can be served at the given address. If a legitimate claim, then pay it prior to asking to close the Estate, and get a receipt. Hire a WV attorney to... View More

1 Answer | Asked in Estate Planning and Probate for West Virginia on
Q: If you're incarcerated can you still keep your inheritance that you inherited in the will
Anthony M. Avery
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answered on Dec 19, 2022

Being in prison does not forfeit your rights of inheritance. But it is difficult to get what is yours. Hire a competent lawyer to assert your claims, and be cognizant of Exemption Rights if there are claims against you. The lawyer can hold your money in trust until you get out on Parole.

1 Answer | Asked in Real Estate Law and Estate Planning for West Virginia on
Q: My dad wrote a handwritten will his wife contested it and we are waiting to have a hearing can his wife try to sale it
Anthony M. Avery
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answered on May 17, 2022

If the property goes through his Estate, then it has a cloud on the Title. No reasonable purchaser would want such title, but they might buy it cheap and get a Quit Claim Deed. If she is the executrix, it might be grounds to remove her.

1 Answer | Asked in Estate Planning for West Virginia on
Q: I was misled into signing a POA of conveyance on my home of which I had a quit claim 100% survivorship with my companion

We bought a home 15 years prior and had a quick claim deed on it because I wasn’t on the mortgage because we got a cheaper interest-rate that way his daughter talked us into refinancing to get a lower payment and I was told I needed to attend the closing of the refinancing to sign a disclosure... View More

Nina Whitehurst
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answered on Apr 3, 2022

As a general rule, signing something you did not understand or, worse, did not even read, is not an excuse for the legal consequences of what you signed. You should have read the document. If you did not understand it, you should have hired an attorney to advise you.

That said, the person...
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1 Answer | Asked in Estate Planning for West Virginia on
Q: In the will of my dad it states “To my son (me) I leave my land, subject to the right of my wife to reside there as long

as she wishes which however is currently financed and my son (me) is responsible for the payement” Right to occupy or Life Estate? Also, What are my rights as the land owner? The widow and I have been fighting for well over a year now as to what the will is or isn’t. Any help would be appreciated.

Nina Whitehurst
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answered on Oct 2, 2021

It sounds like you might be dealing with a poorly drafted right of occupancy. You should take this to an estate planning attorney or trust administration attorney for review and assistance. If the right of occupancy was set out in the will, your attorney can help you petition the court handing... View More

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... View More

1 Answer | Asked in Estate Planning for West Virginia on
Q: if the trust is signing a resignation letter to not act as the trustee does the will have to go to probate

My father had a trust set up in his will but the bank wants to resign as the trustee cause they dont think it would be feasible for us to have them as the trustee. Do we have to probate my fathers will

Nina Whitehurst
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answered on Dec 16, 2020

If there is no successor trustee named and there is no mechanism for appointing a successor trustee, and if all of the assets are in the trust, then you might not need a probate. More likely you will need to go to court to get a trustee appointed, then the trustee can administer the trust estate.

1 Answer | Asked in Real Estate Law and Estate Planning for West Virginia on
Q: Can a grantee in a jointly survivorship deed will their share of property to heir?

Deed of mother(deceased) granting right of survivorship to myself,brother,sister. Brother that is ill, deeded in will his third of the property to his son. 78 acres was supposed to be equally divided between the three of us with the property going to last survivor as stated in deed. Have not seen... View More

Nina Whitehurst
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answered on Feb 11, 2020

A joint tenancy cannot be broken by a will. When one of the siblings dies his or her share will pass to the others pursuant to the survivorship aspect of the existing vesting.

1 Answer | Asked in Estate Planning for West Virginia on
Q: What’s happens if someone listed in heir(sister) in incarcerated and cannot sign paperwork needed for mother’s last pay?

Mother was a Virginia state employee. Probate in West Virginia. No will. Listed heir is myself, sister, and deceased sister’s two daughters by West Virginia law.

Nina Whitehurst
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answered on Jan 28, 2020

Usually it is possible to make an appointment to visit an incarcerated person, and you can even slide papers to them through a slot for them so sign. You might want to think about asking the incarcerated person to sign a power of attorney as well in order to make things easier in the future.

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
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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 Elder Law and Estate Planning for West Virginia on
Q: How do I protect my assets from Elder care professionals?

I want to get information about estate planning.

Nina Whitehurst
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answered on Sep 5, 2019

Your best bet is to call an elder law attorney in your area and tell him or her that you are interested in pursuing Medicaid pre-planning.

1 Answer | Asked in Estate Planning for West Virginia on
Q: Is the following clause in a will a residuary clause or not?

"I hereby give, devise and bequeath all of the rest and remainder of my real estate and the furniture and appliances in the house, and the remainder of my personal property to xxx." The testator only owned one piece of real estate with a house on it.

Robert Jason De Groot
Robert Jason De Groot
answered on Nov 1, 2015

It sure sounds like one to me. What does the case law in your state say about this?

1 Answer | Asked in Estate Planning for West Virginia on
Q: Do I have any reason to obtain legal assistance

My grand parents died and left their estate to be divided between 8 grandkids.

Andrew John Hawes
Andrew John Hawes
answered on Mar 13, 2011

It depends. Do you trust the person named in the will as the executor? Has the executor hired an attorney to assist them in administering the estate? How much money is in the estate? You probably don't need an attorney unless there is a lot of money in the estate and you don't get along... View More

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