Can an Estranged Spouse Claim an Estate If Divorce Was Not Final? — West Virginia
Can an Estranged Spouse Claim an Estate If the Divorce Was Not Final? What West Virginia law generally says, what can change the outcome, and practical steps to protect the estate or assert rights. Short answer Under West Virginia law, if a person dies before a divorce is final, the surviving spouse is still legally […]
Read article →Recovering Funeral and Pre-Administration Expenses in West Virginia
Short answer Yes — in West Virginia you generally can seek reimbursement from a decedent’s estate for reasonable funeral expenses and other necessary costs you paid before the estate was opened. Those claims are presented to the estate’s personal representative (executor or administrator) and, if necessary, to the probate court. How smoothly you are paid […]
Read article →What steps do I need to take to re-record or update a joint survivorship deed after co-owners died? (WV)
Detailed Answer Short summary: After co-owners who held property with a right of survivorship die, title typically passes automatically to the surviving owner(s). To update public records in West Virginia you usually must: (1) confirm the survivorship language in the recorded deed, (2) obtain certified death certificates, (3) prepare and record the proper affidavit or […]
Read article →What can I do if the personal representative sends me a payment without explaining how he calculated my share of the estate? — WV
What to do if a personal representative sends a payment with no explanation Quick answer If a personal representative (also called an executor or administrator) sends you a distribution but does not explain how they calculated your share, you have the right to ask for a written accounting and supporting documents. If the explanation you […]
Read article →What documentation is required to prove I'm the next of kin and qualify as administrator in a reopened estate — WV
Proving Next of Kin and Qualifying as Administrator in a Reopened West Virginia Estate Short answer: To prove you are next of kin and qualify as administrator in a reopened estate in West Virginia you will typically need a certified death certificate, evidence of your relationship to the decedent (birth, marriage, adoption or divorce records), […]
Read article →How can I reopen my father's closed estate in West Virginia so I can be appointed as administrator?
Detailed Answer — Reopening a Closed Estate and Seeking Appointment as Administrator in West Virginia This FAQ explains the typical steps to ask a West Virginia probate court to reopen a closed estate so you can be appointed administrator. It uses a short hypothetical to make the process clear: imagine your father died, the estate […]
Read article →What steps do I need to take when the original estate administrator has died before completing the probate (WV)
Detailed Answer This FAQ explains what to do in West Virginia when the original estate administrator (personal representative) dies before completing probate. It assumes you have little or no legal background. If the appointed administrator dies, the probate does not automatically end. The court will generally appoint a successor to finish the administration so creditors […]
Read article →How long does it usually take to get an out-of-state will approved in West Virginia probate?
Detailed Answer Short answer: There is no single fixed number of days. Under West Virginia law, the time to get an out-of-state will admitted to probate depends on where the decedent was domiciled, whether the will is self-proved, whether the estate is contested, and whether the filing is for a full (domiciliary) probate or for […]
Read article →What happens if the survey shows the property was conveyed out of my mother’s estate decades ago and I have no interest? — WV
FAQ: If a survey shows the property was conveyed out of my mother’s estate decades ago and I have no interest — West Virginia (WV) Short answer If the recorded deed and title chain show that the property was lawfully conveyed out of your mother’s estate decades ago, you likely no longer have a legal […]
Read article →How do I get the probate court’s permission to sell the property when the clerk’s office won’t explain the filing requirements? — WV
Detailed Answer Short answer: If you need the probate court’s permission to sell estate property in West Virginia but the clerk’s office won’t explain filing requirements, you can still move forward by (1) learning the basic statutory authority and local rules, (2) preparing a short written petition (sometimes called a petition or motion for sale […]
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