How do I distribute wrongful death proceeds to rightful heirs in West Virginia?
Disclaimer: This article is for informational purposes and does not constitute legal advice. Detailed Answer Under West Virginia law (WV Code §55-7-1 et seq.), wrongful death actions allow certain survivors to recover damages for the loss of a loved one. After a court judgment or settlement, the personal representative of the decedent’s estate must distribute […]
Read article →How to Obtain and Review Documentation of a Medicaid Claim Against an Inherited Estate in WV
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Detailed Answer Understanding Medicaid Estate Recovery in West Virginia Under federal law (42 C.F.R. §433.36), West Virginia must seek reimbursement from the estates of deceased Medicaid recipients. The state implements this requirement through the Bureau for Medical Services (BMS). You can […]
Read article →How to Obtain and Review Corporate Formation Documents and Bylaws Affecting a Decedent’s Business Interest in West Virginia
How to Obtain and Review Corporate Formation Documents and Bylaws Affecting a Decedent’s Business Interest Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult an attorney about your specific situation. Detailed Answer When a business owner passes away, heirs or a personal representative may need to access the company’s […]
Read article →What is the process for petitioning a court to remove a personal representative for mishandling estate assets in West Virginia?
Detailed Answer If you believe a personal representative (executor or administrator) has mismanaged estate assets in West Virginia, you can petition the probate court to remove that individual and appoint a successor. Below are the key steps under West Virginia law. 1. Grounds for Removal West Virginia law allows removal of a personal representative for […]
Read article →How Can an Interested Party Open Probate for a Decedents Estate in West Virginia?
Detailed Answer In West Virginia, an interested party can open probate by filing a petition in the appropriate Circuit Court. Probate establishes the legal authority for someone to administer a decedent’s estate, pay debts, and distribute assets under W. Va. Code §44-1-1 et seq. Identify the correct court: File in the Circuit Court of the […]
Read article →What information and documents should be gathered before the decedent’s passing to streamline probate in West Virginia?
Detailed Answer Preparing key documents and information before a loved one passes can streamline the probate process, reduce costs and avoid delays in West Virginia. Under West Virginia Code §42-3-1 (https://code.wvlegislature.gov/42-3-1/), a personal representative must file an original will (if one exists), a death certificate and an inventory of assets. Having these materials organized in […]
Read article →What Information and Duties Is a Personal Representative Required to Provide to Heirs in WV?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer When someone dies in West Virginia, the court appoints a personal representative (PR) to manage and distribute the decedent’s estate. West Virginia follows the Uniform Probate Code in Chapter 44A of the West Virginia Code. The PR owes a […]
Read article →How to Determine if a Transferred Vehicle Must Be Treated as Estate Property After a Decedent’s Death Under West Virginia Law
Detailed Answer Under West Virginia law, determining if a transferred vehicle is estate property at a decedent’s death hinges on the title status at the moment of death. Review the timing and method of transfer to decide if the vehicle passes through probate. 1. Title Transfer Timing Completed Inter Vivos Transfer: If the decedent sold […]
Read article →How to File Probate Court Documents and Publish Creditor Notices in West Virginia
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation. Detailed Answer 1. Prepare and File the Probate Petition Begin by filing a petition for probate with the Circuit Clerk in the county where the decedent resided. Include the original will […]
Read article →How to Determine the Proper Venue for Opening or Transferring a Decedent’s Estate in WV
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney for specific guidance. Detailed Answer When someone dies in West Virginia, you must open or transfer their estate in the correct county court, called the venue. Venue rules ensure the probate process happens where the decedent had […]
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