Becoming an Executor in West Virginia When the Named Executor Refuses
Can I be appointed personal representative when the person named in the will refuses to serve? Short answer: Yes — if the person your parent named as personal representative (executor) formally refuses or is unavailable, interested parties (including beneficiaries and heirs) can ask the probate court to appoint a different personal representative. Under West Virginia […]
Read article →West Virginia: Why an Inherited House May Be Outside Probate and Whether You Can Pay the Mortgage to Avoid Foreclosure
Understanding When an Inherited House Is Not a Probate Asset and Whether You Can Make Mortgage Payments Without the Administrator in West Virginia Disclaimer: This article is educational only and is not legal advice. If your situation involves immediate foreclosure risk or complex title issues, consult a licensed West Virginia attorney. Detailed Answer Why an […]
Read article →West Virginia — Challenging a Sibling's Use of a Deceased Parent’s Bank Account Before Administrator Appointment
What to do if someone is using a deceased parent’s bank account to pay the mortgage before an administrator is appointed Disclaimer: I am not a lawyer. This article explains general West Virginia probate concepts and common remedies. It is educational only and not legal advice. Consult a West Virginia probate or estate attorney about […]
Read article →West Virginia — Enforcing or Disputing an Oral Agreement to Divide Wrongful Death Proceeds
How to Enforce or Dispute an Oral Agreement Dividing Wrongful Death Proceeds in West Virginia Short answer: You can try to enforce an oral agreement about splitting wrongful death proceeds by asking a West Virginia court to recognize the agreement as a valid contract or settlement and order performance or damages, or you can dispute […]
Read article →How to Apply to Serve as Administrator of an Intestate Estate in West Virginia
FAQ — How to apply to serve as administrator of a parent’s estate in West Virginia when there is no will Detailed Answer When a person dies without a will (intestate) in West Virginia, the court must appoint a personal representative (commonly called an administrator) to gather the estate’s assets, pay debts and taxes, and […]
Read article →Do I Have to Post a Bond to Serve as Administrator in West Virginia Probate?
Detailed Answer Short answer: In West Virginia, the court usually requires a bond from a person appointed as a personal representative (administrator when there is no will). The heirs can ask the court to waive the bond, and the court may allow a waiver if all interested parties agree and the court finds it appropriate, […]
Read article →West Virginia: Selling an Estate House When a Co-Administrator Refuses to Sign
How to proceed when an estate house faces foreclosure and a co-administrator refuses to sign Quick overview: If an estate in West Virginia owns a house that is at risk of foreclosure and one co-administrator refuses to sign sale documents, you do not have to be deadlocked indefinitely. West Virginia probate courts can authorize a […]
Read article →How to Obtain Court Approval to Release Estate Funds in West Virginia
Detailed Answer — Getting the Court to Approve Release of Estate Funds in West Virginia When Beneficiaries Disagree Short summary: When beneficiaries or claimants disagree about how estate money should be split, the personal representative (executor/administrator), financial institution holding the funds, or any interested person can ask the West Virginia probate court to decide. The […]
Read article →West Virginia: How Proceeds From a Sold Parent's Home Are Distributed Under a Will
Disclaimer: This is general information and educational only. It is not legal advice. For advice about your specific situation, consult a West Virginia probate attorney. Short answer If a decedent’s house is sold and the proceeds are used to pay debts and administration expenses, any leftover cash normally becomes part of the decedent’s probate estate […]
Read article →West Virginia: Reimbursing Yourself from an Estate for a Decedent's Vehicle Lien
Can you be reimbursed from an estate for payments you made on a decedent’s vehicle lien? Short answer: Maybe — it depends on whether you are the personal representative (executor/administrator), whether the estate benefited from your payment, and whether the probate court or personal representative approves the reimbursement. Below is a detailed explanation of how […]
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