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.
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
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
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.
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
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
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
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
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
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... View More
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...View More
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
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...View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.