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West Virginia Estate Planning Questions & Answers
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 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
Nina Whitehurst 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... Read more »

Nina Whitehurst
Nina Whitehurst 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
Nina Whitehurst 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
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 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
Nina Whitehurst 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... Read more »

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