How to enforce distribution of life insurance proceeds in probate when no beneficiary was designated in West Virginia
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for advice tailored to your situation. Detailed Answer When a decedent dies without naming a beneficiary on a life insurance policy, West Virginia law treats the policy proceeds as part of the probate estate. The personal representative […]
Read article →How can a beneficiary compel an estate administrator to pay an inheritance share in West Virginia?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Detailed Answer Under West Virginia law, an estate administrator (personal representative) must collect assets, pay valid debts and taxes, then distribute the remaining property to beneficiaries. The West Virginia Uniform Probate Code (UPC), found in Chapter 44A, governs timing and enforcement […]
Read article →How does intestate succession work in West Virginia when a decedent has no will, no spouse, and three children?
Detailed Answer to Intestate Succession in West Virginia with No Spouse and Three Children When someone dies without a will (intestate) and has no surviving spouse but has three children, West Virginia law provides that the entire estate passes to the children in equal shares. The personal representative appointed by the court collects assets, pays […]
Read article →How Can West Virginia’s Slayer Statute Affect an Heir’s Right to Inherit?
Disclaimer: This information is for educational purposes only and does not constitute legal advice. Detailed Answer Under West Virginia law, anyone who unlawfully and intentionally kills a decedent forfeits any right to inherit from that person’s estate. This rule, often called the slayer statute, appears at W.Va. Code § 44-5-7. The statute bars a killer […]
Read article →How Does Title Transfer for an Inherited Home with No Will and Multiple Heirs in West Virginia?
Title Transfer of an Inherited Home in West Virginia Without a Will Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney in West Virginia for advice about your specific situation. Detailed Answer When a homeowner in West Virginia dies without a will (intestate), state law dictates […]
Read article →How to apply for a Medicaid hardship waiver in West Virginia to protect inherited property from estate recovery claims
Disclaimer: This article provides general information about West Virginia Medicaid estate recovery and is not legal advice. Consult a qualified attorney or Medicaid specialist for guidance on your specific situation. Detailed Answer Overview of Medicaid Estate Recovery in West Virginia West Virginia’s Bureau for Medical Services (BMS) must seek reimbursement for certain Medicaid benefits from […]
Read article →Can I appeal a probate court decision removing a personal representative in West Virginia?
Detailed Answer Under West Virginia law, a circuit court may remove a personal representative for misconduct, neglect, or failure to perform duties. See WV Code §44-1-14. If the court enters an order removing you, you have the right to appeal that decision to the West Virginia Supreme Court of Appeals. To begin the appeal, file […]
Read article →How to Determine What Assets Remain in an Estate After Paying Debts and Fees in WV
Disclaimer: This information is not legal advice. It is for educational purposes only. Detailed Answer Step 1: Identify and Value All Estate Assets The personal representative begins by gathering every asset owned by the decedent. This includes real estate, bank accounts, investments, personal belongings, life insurance payable to the estate, and retirement accounts. West Virginia […]
Read article →What Options Exist for a Personal Representative with Limited Funds for Handling Creditor Claims in WV?
Disclaimer: This article provides general information on West Virginia probate procedures. It does not constitute legal advice. Consult an attorney for guidance on your specific situation. Detailed Answer When a personal representative (PR) in West Virginia faces an estate with scarce funds, managing creditor claims requires strategic steps under the West Virginia Code. Below are […]
Read article →How to Manage Estate Administration When Assets Are Located in Multiple Counties or Jurisdictions in WV
Disclaimer: This article provides general information about estate administration under West Virginia law. It does not constitute legal advice. Consult an attorney for guidance specific to your situation. Detailed Answer Primary Probate in West Virginia Under West Virginia law, you file the original probate proceeding in the county where the decedent was domiciled at the […]
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