Legal Question in Wills and Trusts in West Virginia

8 heirs, no will, property dispute

I have 2 brothers and 6 sisters,, my mom died in 90 without a will and she had 18 acres of property and a home but my fathers name wasn't on the deed, my father died in 95 with a will but it left no instructions for how to deal with the property since it wasn't in his name. Now the family is divided, 3 of us want to keep property and 5 want to sell,, can we be forced to sell? my brother wants the two of us to try and buy out the other 6 but 2 are offering a reasonable price but the 4 are wanting a huge price,, it is a mess what are the rules concerning this.


Asked on 6/24/02, 5:59 pm

1 Answer from Attorneys
Rodney Berry Berry, Kessler, Crutchfield and Taylor

Re: 8 heirs, no will, property dispute

Any partial owner of real estate in WV can bring what is known as a "partition suit" to force the sale of the property. The sale is generally an auction on the front steps of the courthouse, and anybody, including the owners, can place bids.

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Answered on 6/25/02, 8:29 am


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