Get free answers to your Probate legal questions from lawyers in your area.
I would like to know if children of a deceased parent can have a say in matters concerning their parent's estate when the spouse is still living and there is no will. There are multiple children involved, and I am particularly interested in understanding their rights in estate management or... View More 
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answered on Apr 12, 2025
You're asking a really important question, and it's one that many families face after losing a parent. In West Virginia, when someone dies without a will (intestate), the state's laws decide how their assets are divided. If the deceased had a surviving spouse and children from that... View More
I live in West Virginia. My father passed away without a will, and in 1977, I was made to sign over my property rights before I was 18. My name was not spelled correctly on the deed. My brother forced my mother to give him the property without any compensation. There are copies on file at the... View More
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answered on Apr 12, 2025
It sounds like you’ve been through a challenging situation, and there may be some legal options available to you. Since your father passed without a will, his estate would have been divided according to West Virginia's laws of intestate succession. The issue with the deed, especially with... View More
I am seeking a pro bono attorney to help me file a claim for an elective share in my husband's estate. He passed away on August 15, 2024, and his estate, valued at $430,087.83, went into probate on October 10, 2024. His daughter is the executrix, and the estate is still open. I'm unsure... View More
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answered on Mar 13, 2025
You may have busted the SOL. Consult with a WV attorney today about demanding an elective share from the Estate.
answered on Jul 12, 2024
The LLC can sell the land whenever it wants to. The Company Agreement of the LLC will indicate who has authority to take action like selling its land.
Remember that the land itself is not part of your mother's probate estate. It is owned by the LLC. Company Agreements typically... View More
Need to know if this means it includes the deceased home value or not. I don't understand what exclusive of real estate specifically devised means. Looking at wv code 44-2-1b
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answered on Jun 13, 2024
Usually real property does not go through an Estate unless devised in a Will or there is not enough assets to pay creditors. So if no Will, heirs take and the land is not part of the Estate.
Wife owned her home with mortgage paid in full upon our marriage 11 years ago. Since then we have jointly paid the property taxes, home upkeep, maintenance, and each contributed over $40,000 in home upgrades. Is the husband entitled to joint ownership? If so, can he be legally placed on the... View More
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answered on Jun 11, 2024
As a married individual, you do not own real property until you are a grantee on a deed, or either the heir or will devisee of a deceased spouse.
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answered on Mar 6, 2024
The responsibility for a deceased spouse's debts can vary significantly depending on where you live, as laws differ by state, especially between community property states and common law states. In community property states, you may be liable for your spouse's debts incurred during the... View More
I was not in court meeting daughter filed illegal guardianship over me she was awarded money. Can lawyer go after this money I am executor of the will do it have standing
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answered on Mar 4, 2024
If your daughter's lawyer has filed a lawsuit against you with the intention of accessing your mother's estate, and you are the sole executor and beneficiary as per the will, the situation requires careful legal handling. Even if your daughter is not named in the will, she may seek a... View More
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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.
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answered on Oct 6, 2022
The purpose of probate is to retitle assets owned by a deceased person. If a person dies owning nothing, then no probate is required (with vary rare exceptions). This may sound impossible to you, but actually it is surprisingly common.
A perfect example is the person who engaged in... View More
papers never filed. Can the house be sold?
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answered on Aug 25, 2022
Have a WV attorney search the Title, determine Heriship, and draft/record an Affidavit of Heirship as a source of Title. Those owners should be able to sell the home. If minors, the Court will have to approve the conveyance. Someone has to pay the taxes and any secured debt, or the home will be... View More
Husband and his sister inherited a house in West Virginia after their mom died in 2017. Sister had been living in the house since then and doesn't want to sell or buy out his half. Plus she has made the house much worse condition since it was left to him. Husband and I live in Arizona. What... View More
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answered on Dec 28, 2021
Assuming there is sufficient equity, a suit for an Sale For Partition should be filed. Hire a competent WV attorney that knows real property litigation.
If someone passes away and has real estate only listed in their name, and has no will. What happens to the property? Deceased has surviving husband and two adult daughters. But real estate only in her name.
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answered on Sep 29, 2021
Her Heirs-At-Law took title to the real property at her death. Hire a WV to determine heirship and record an Affidavit of Heirship. A title search should be performed also.
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…
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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.
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
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
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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.
What is policy for Life Insurance paid to the Executrix?
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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.... View More
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... View More
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
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... View More
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.
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... View More
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