Legal Question in Wills and Trusts in West Virginia

Dying intestate with no spouse or children?

Who are the heirs of an estate if someone dies intestate and does not have a wife or children?


Asked on 11/28/06, 8:16 pm

1 Answer from Attorneys

Thomas Zimmerman Zimmerman Law Office

Re: Dying intestate with no spouse or children?

All states provide for descent and distribution. In West Virginia, if a person dies after June 6, 1992 and dies intestate and has no children, the parents take equally if both survive or to the surviving parent. If there are no surviving parent, then to the descendents of the decedent's parents or either of them by representation. If there is no surviving descendant, parent, or descendant of a parent but the decedent is survived by one or more grandparents or descendants of grandparents, half of the estate passes to the decedent's paternal grandparents equally if both survive or to the surviving paternal grandparent, or to the descendents of the the decedent's paternal grandparents or either of them if both are deceased, the descendants taking by representation. The other half passes to the decedent's maternal relatives in the same manner. If there are no surviving grandparent or descendant of a grandparent on either the paternal or maternal side, the entire estate passes to the decedent's relatives on the other side in the same manner as the half.

Read more
Answered on 11/29/06, 8:23 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in West Virginia