West Virginia Probate Legal Questions

When there is no Will, the state's laws of inheritance govern.  If there is no surviving spouse, generally all the children inherit equally.  On average, it takes two years to settle an estate in the U.S., beginning not from the date of death but from the date the court appoints an administrator to settle the estate.  The court documents are public.  Please check with the local probate court to see the status of the case.... Read More

Ordinarily the Will must be submitted for probate (proving) so that the property can pass to your uncle's estate and be sold by the executor (personal representative) of his estate. But if this has not been done, the government agency collecting property taxes can still seize and sell the property for back taxes.  ... Read More

If your uncle left no spouse or children or parents, his siblings, including your father, are his next of kin. The law governing the estates of people who have died varies from state to state.  Some states have a special procedure for small estates.  A West Virginia lawyer can advise you on what to do.  Meanwhile, no one is obliged to make car or insurance or other payments.... Read More

A Will’s purpose is to state a person’s wishes for how he or she wants property handled when he or she dies. Until the person dies and the Will goes through probate in court, it is only a statement of wishes. During probate, the judge issues orders for handling the property and that is what makes the wishes enforceable. Has your grandfather died? Has his Will been through probate? In probate a judge would order transfer of the title to the house out of your deceased grandfather’s name and into the name of whoever the judge decides is the rightful heir. Until that is completed it simply is not your house. If your grandfather is still living, there are reasons your uncle may have the right to sell the house. For instance, your uncle may have a Power of Attorney or guardianship giving him the authority to do what is needed financially, to pay for the care, living expenses or debts of your grandfather. It is difficult to understand when you are expecting to receive an inheritance, but until someone dies there is no inheritance. What property belongs to the person is first to be used while he is alive for his own benefit, including paying his debts and taxes. Inheritances are made of what is left over. Try to approach your uncle in a calm and businesslike way, rather than accusing him of a crime. He might explain what is going on with your grandfather’s property. If you have already accused him, you can simply say that you were surprised and confused and hope he will accept your apology. If your grandfather has died, the court-appointed executor will notify you of hearings and court orders toward getting you whatever you might inherit. During the probate process, you will have a chance to contest activities you believe go against your grandfather’s wishes. If that is the case, be sure you have written proof of wrongdoing and hire the best probate lawyer you can afford. To Your Success, Gale Allison, Principal AttorneyAllison Firm, PLLChttp://www.theallisonfirm.comhttp://www.linkedin.com/in/galeallison.com... Read More

Whether your father's ex-wife can pursue his 401(k) after his death is, in all likelihood, spelled out in the terms of their divorce property agreement. If the second divorce agreement says the ex-wife gets the insurance death benefit and your father quit paying the premiums, that ex-wife can sue the estate for what she would have been entitled to under the policy, had it been paid as ordered. Your best bet would be to hire an experienced West Virginia estate lawyer to review the divorce decrees; advise you of how things are likely to play out; and, if necessary, defend your father's estate (and you as his Executor) in litigation. To your success,Gale Allison, Principal AttorneyAllison Firm, PLLCwww.theallisonfirm.comwww.linkedin.com/in/galeallison.com... Read More