Legal Question in Wills and Trusts in West Virginia
Bank Account not in will
My step-father passed away. He and my mother had 2 bank CD's, one in both their names and one in just his name. My step-father did not specify in his will who was to obtain the CD that was in his name only. He and my mother were married over 16 years(my mother is still living) and now my step-fathers only adult child wants it, even though he/she was given ample assets in the will. How can I find out who is to obtain and/or entitled to the CD under WV Law.
1 Answer from Attorneys
Re: Bank Account not in will
Your lawyer will have to study the will to determine the answer to your question. Generally speaking, the residuary clause will govern that issue. In the absence of such a clause to show the testator's intent, the rules of intestate distribution govern. The more important question may be the decedent't intent with regard to the CD that was held in two names, that is, did he intend to make a testamentary disposition of the proceeds or 1/2 of them? Did he express any in the will or otherwise in his lifetime whether or not he intended for the proceeds to vest in the person who's name appears on the CD? It is worth your while and a consultation fee to visit with a lawyer to explore the situation. The Executor has a duty to do so and the expense is part of the estate expenses. Good Luck Tom Zimmerman
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