What should I do if an heir refuses to return estate property and the estate is still open? (WV)
What to do if an heir refuses to return estate property while the estate is still open (WV) Quick answer: If an heir refuses to return estate property while the estate is still open in West Virginia, start by asking for return in writing, notify the personal representative, and, if that fails, ask the probate […]
Read article →Can I become the personal representative of my sister's estate in WV?
Becoming the personal representative for your sister’s estate under West Virginia law Detailed answer Yes — in many situations you can be appointed the personal representative (sometimes called an executor or administrator) of your sister’s estate in West Virginia. Whether you will be appointed depends on a few facts: whether your sister left a valid […]
Read article →What options do heirs have when an estate administrator becomes unresponsive or refuses to distribute assets? — WV
Detailed Answer When a personal representative (often called an administrator or executor) is unresponsive or refuses to distribute estate assets in West Virginia, heirs and beneficiaries have multiple tools under West Virginia law to protect the estate and force proper administration. The personal representative acts as a fiduciary and must collect assets, pay valid debts […]
Read article →How do I apply to be appointed as the personal representative of a deceased relative’s estate? (WV)
Detailed Answer Overview: A personal representative (sometimes called an executor or administrator) is the person the court appoints to collect a deceased person’s assets, pay debts and taxes, and distribute what remains to heirs or beneficiaries. In West Virginia, the process and priority for appointment come from state probate law and county probate procedures. This […]
Read article →How can heirs petition the court to reopen a closed estate to claim unclaimed assets in West Virginia?
Disclaimer: This information is for educational purposes only and does not constitute legal advice. Consult a qualified attorney in West Virginia to discuss your specific situation. Detailed Answer In West Virginia, an estate that has been closed can be reopened when heirs or beneficiaries discover unclaimed assets or new information that affects the final distribution. […]
Read article →What is the process for inventorying and distributing estate assets among multiple heirs in West Virginia (WV)?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer Under West Virginia law, the process to inventory and distribute an estate with multiple heirs typically follows these steps: Appointment of Personal Representative. When someone dies, the probate court appoints a personal representative (also called executor or administrator). If […]
Read article →How Do Heirs Locate and Claim Unclaimed Property in West Virginia?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation. Detailed Answer When a loved one passes away, they sometimes leave behind assets—bank accounts, insurance benefits, safe deposit box contents, or utility deposits—that go unclaimed. In West Virginia, unclaimed property is governed […]
Read article →What Factors Influence the Timeline for Completing the Probate Process in West Virginia?
Factors Influencing the Probate Timeline in West Virginia Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation. Detailed Answer Probate in West Virginia proceeds under Chapter 44 of the West Virginia Code. The time it takes to complete probate depends […]
Read article →What are the risks of probating my father's estate in West Virginia without legal representation?
Disclaimer: This article is for informational purposes and does not constitute legal advice. Always consult a qualified attorney regarding your specific circumstances. Detailed Answer Overview of Probate in West Virginia Probate is the court-supervised process of administering a deceased person’s estate. In West Virginia, probate follows procedures set forth in Chapter 44 of the West […]
Read article →If Real Property Passes Automatically at Death, Why Do I Have to Probate the Will? (WV)
Detailed Answer Disclaimer: This is not legal advice. This article is for informational purposes only. Consult a qualified attorney about your specific situation. In West Virginia, certain real estate interests pass outside of probate when the owner dies. Examples include joint tenancy with right of survivorship and transfer-on-death deeds. However, even if some property transfers […]
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