Legal Question in Wills and Trusts in West Virginia

Re: Use estate funds to make repairs?

You identify yourself as an heir. I assume that the decedent died intestate (without a will). In that case, you are an owner of an undivided interest. All owners must sign a deed of conveyance and each owner has the right to bring a partition suit. In fact, unless the personal property and cash is not enough to pay the estate debts, the real estate cannot be sold by the administrator. Even if necessary, the administrator would have to apply to a court for approval for sale. If there was a will, then a different analysis would be in order, depending on the terms of the will. Thus, in the intestate succession situation, you rights are that of an owner with equal rights. You, with the advice of counsel, and after he/she reviews the whole circumstance should consider giving notice to all owners and having the roof fixed. I believe a court would require you to be repaid first out of sale proceeds if there were an objection. I believe that it is not proper for an administrator to pay for the repair of the real estate out of the estate money unless there is a consent from all owners.