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West Virginia Estate Planning Legal Questions

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6 legal [2, *]questions have been posted about estate planning by real users in West Virginia. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include trusts and estates, powers of attorney, and charitable giving. All topics and other states can be accessed in the dropdowns below.

How do I keep property and continue paying loan for car.

Answered 6 years and 2 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
Terry Lynn Garrett
Ask him to sign a DMV transfer of title form and check with the lender to make sure that you qualify to formally take over the loan.
Ask him to sign a DMV transfer of title form and check with the lender to make sure that you qualify to formally take over the loan.

I am executor of my father's estate In got check in my name from a Claim paid to him can I cash it

Answered 6 years and 2 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
Terry Lynn Garrett
The check should be to you as executor and be deposited in the bank account which you opened for your father's estate.  Please discuss this with your probate attorney.  If you do not have one, hire one.  A Will is of no legal effect until a court admits it to probate (proving).  You may be named as executor in the Will but until a court appoints you, you ain't.... Read Answer
The check should be to you as executor and be deposited in the bank account which you opened for your father's estate.  Please discuss this with... Read Answer

MY BROTHER IS ON MY CHECKING ACCOUNT , WHAT HAPPENS WHEN I PASS AWAY. DOES THE ACCOUNT GO TO MY ESTATE OR CAN MY BROTHER USE THE BALANCE.?

Answered 9 years and 3 months ago by Maryellen Sullivan (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
If he is on as an owner, the account would automatically become his when you die.  If he is on the account as a signer, it would go to your estate. 
If he is on as an owner, the account would automatically become his when you die.  If he is on the account as a signer, it would go to your... Read Answer

How do you get a car that was left to you in a will if the deceased person's son refuses to give it?

Answered 11 years and 8 months ago by C. Page Hamrick III (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
FOR WEST VIRGINIA ONLY: An heir who does not receive property from an estate may file a claim with the probate supervisor in the county where the estate is open.
FOR WEST VIRGINIA ONLY: An heir who does not receive property from an estate may file a claim with the probate supervisor in the county where the... Read Answer

How do I change ownership of a condominium unit?

Answered 11 years and 11 months ago by attorney Atty. Michelle B. Fitzgerald   |   22 Answers   |  Legal Topics: Estate Planning
Atty. Michelle B. Fitzgerald
If there is already a Trust in place and you are the current acting Trustee, we can prepare a Trustee's deed for the change - provided it is allowed under the terms of the Trust. We would need to review the Trust language to make sure such a change is allowed, or explain to you how the plan is to be carried out upon your Mother's passing, if it is not possible to make the change now. To do those two items, it is not a lot of time, but will be worth the peace of mind it will bring you. We can review documents via email and discuss over the phone if you are not located near our offices. Otherwise, have it reviewed by an estate or probate attorney in your local area.... Read Answer
If there is already a Trust in place and you are the current acting Trustee, we can prepare a Trustee's deed for the change - provided it is allowed... Read Answer

If I would like to have control of house, must buy his ½?

Answered 12 years and 3 months ago by Ronald Karl Nims (Unclaimed Profile)   |   13 Answers   |  Legal Topics: Estate Planning
Yes, you own and 1/2 interest in the house and your husband's son owns a 1/2 interest in the house, so to get the entire ownership, you need to buy out his 1/2. ? There are adjustments, for example, if you paid on the mortgage - the principle amount is taken off his 1/2, same if you added any improvements to the house. On the other side, if you have lived there and he didn't you would owe him for 1/2 the rental value of the house.... Read Answer
Yes, you own and 1/2 interest in the house and your husband's son owns a 1/2 interest in the house, so to get the entire ownership, you need to buy... Read Answer
Estate Planning
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