Legal Question in Real Estate Law in West Virginia

Sale of Inherited Property (Question on the Deed Transfer)

My husband inherited land in WV from his mother. Long story short - he decided to sell the land. His father offered to handle finding a buyer but eventually said there was no one who wanted the property so he would buy it for $20,000. After everything was through probate we had the deed drawn up for the sale to his father but his father couldn't come up with the money unless we ''gave'' him the original deed first. His intention was to sell the land to someone else for a higher price and pocket the profit. There was no signed contract regarding this deal so the deal is off and the original deed was voided and is on it's way back to us via US mail. We have since found another buyer who is willing to buy the property. A lawyer we contacted in WV told us if we just retyped the deed with the new information for the new buyer - had it notarized, etc., he (the lawyer) could handle the transfer of funds and deed. Would this work? Thanks.


Asked on 11/01/03, 12:20 pm

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Re: Sale of Inherited Property (Question on the Deed Transfer)

Probably, but be sure and check with the county clerk where the property is located and make sure WV doesn't have any unusual requirements such as affidavits, tax stamps, transfer taxes, etc.

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Answered on 11/01/03, 12:38 pm


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