QUESTION
my father recently passed leaving no will. it is common knowledge in our family that it was his intention to will the home to our younger disabled
Asked on Dec 10th, 2013 on Estate Litigation - West Virginia
More details to this question:
brother, my father has made this very clear to the family as well as friends, neighbors, so it well known what his wishes were, now that the home is in the probate process some of my other siblings are talking with the executor about getting a share of the home because i guess the law in west virginia is that all children have an equal claim. is there any advice you can offer on how to protect my younger brother (disabled and living in the home with together with father since home purchased) and see that our fathers wishes are granted? please contact me if more information is needed
1 ANSWER
3 Awards
Call a local WV attorney, not me. But, generally, only an original will, done in compliance with the law, can be admitted to probate. Without the original will, the inheritance will pass according to the state intestate statute, which usually, in most states, divides the estate between the spouse and children. Yoy should consult with a lawyer. Perhaps it is not wise to have a disable brother inherit property, especially if he is receiving or may potentially receive government aid.
Answered on Dec 10th, 2013 at 7:57 PM
William R. Pelger, Attorney Munhall, Pennsylvania 412-461-1900