What steps are involved in notifying creditors and handling claims after a death in WV?
Disclaimer: This information is provided for educational purposes only and does not constitute legal advice. Consult a qualified West Virginia attorney for advice on your specific situation. Detailed Answer 1. Appointment of a Personal Representative After a person passes away in West Virginia, the probate court appoints a personal representative (sometimes called an executor). This […]
Read article →Can I use an obituary as proof of death to open an estate in West Virginia if the death certificate is not available?
Detailed Answer Under West Virginia law, you generally must file a certified death certificate to open probate. WV Code §44-1-2 requires an authenticated copy of the decedent’s death certificate when you petition the circuit court to admit a will or appoint an administrator. The clerk will not accept an obituary alone as proof of death. […]
Read article →How do I prepare an heirship affidavit in West Virginia?
Detailed Answer Disclaimer: This article provides general information about preparing an heirship affidavit under West Virginia law. It is not legal advice. Consult a qualified attorney for guidance tailored to your situation. 1. What Is an Heirship Affidavit in West Virginia? An heirship affidavit is a sworn statement used to establish who inherits a decedent’s […]
Read article →Can I Elect to Receive a Life Estate Instead of an Intestate Share under WV Law?
Detailed Answer When someone dies without a will in West Virginia, the state’s intestate succession laws determine who gets the estate. Under W. Va. Code § 44A-3-3, a surviving spouse generally inherits one half of the estate if there are no surviving children, or one third if there are children. However, West Virginia law also […]
Read article →How Does an Executor Obtain an EIN for an Estate in West Virginia?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney or tax professional for guidance on your specific situation. Detailed Answer When someone dies in West Virginia, the executor (also called the personal representative) must obtain an Employer Identification Number (EIN) for the estate. The EIN functions […]
Read article →What is the difference between common and solemn form probate in West Virginia?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer Common Form Probate In West Virginia, you can admit a will to probate in common form by filing an affidavit instead of holding a court hearing. Under W. Va. Code § 41-1-6, the executor or a subscribing witness swears […]
Read article →Do I have to list personal property assets when completing a year’s allowance in an estate under WV law?
Detailed Answer Under West Virginia law, a surviving spouse and minor children may claim a year’s allowance—an amount of personal property set aside for their support for one year after the decedent’s death. The personal representative must prepare an inventory of all estate assets, including personal property, and must identify items designated as part of […]
Read article →How to determine which tasks are covered under an initial probate representation agreement in West Virginia
Disclaimer: This is for informational purposes only and does not constitute legal advice. Detailed Answer When you hire an attorney for probate in West Virginia, you’ll sign an initial probate representation agreement (also called an engagement letter). This document defines the tasks your lawyer will handle under the agreed fee structure and outlines any services […]
Read article →May I Petition a Court to Remove an Estate Administrator Who Refuses to Fulfill Their Duties in West Virginia?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer In West Virginia, an interested person—such as a beneficiary, heir or creditor—may ask the court to remove an estate administrator who refuses to perform required duties. The court oversees administration of estates under West Virginia law, and it has […]
Read article →Do I Need to Open an Estate to Pursue a Wrongful Death Claim After a Car Accident in West Virginia?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney about your situation. Detailed Answer Under West Virginia law, a wrongful death claim arising from a car accident can only proceed through the deceased person’s estate. West Virginia Code §55-7-6 (https://www.wvlegislature.gov/WVCODE/ChapterEntire.cfm?chap=55&art=7&section=6) states that the personal representative of […]
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