Legal Question in Wills and Trusts in West Virginia
Billing the estate
My father died in WV - after driving there to attend to affairs my sisters and I discovered he was being treated for dementia and living in deplorable conditions. We also discovered that he and had been ''duped'' into making a will leaving everything to some ''friend.'' As a result of the stress I suffered a heart attack and ended up in the hospital and off work without pay. Is this something for which I can be reimbursed from the estate? If so, what steps do I need to take to submit a bill? Most of my hospital bill was covered by insurance, but my lack of income put me far behind in my other obligations (mortgage, utilities, etc.)
1 Answer from Attorneys
Re: Billing the estate
In order for a will to be valid in West Virginia, the testator must have had testamentary intent, be competent and free from undue influence. These are words of art. It is possible to give a textbook definition but the condition of you father at the time of signing of the will must be evaluated by a lawyer. A successful challenge of the validity of the will should result in setting aside the will plus fees and costs in doing so. Most lawyers who handle these matters will do so on a contingency fee basis and will consult with you on a first time basis at no cost.
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