Legal Question in Wills and Trusts in West Virginia
Family farm in heirship
My grandfather owned a farm in Wayne county,he died in 1971 and my gradmother died in 1972 and neither had a will. My father has been paying the taxes before their deaths and has continued to this day. They had seven children now all deceased but my father, there is a multitude of grandchildren and great-grandchildren. My father is now 81 years old and he would like to have this cleared up before he passes, is this possible? It would be impossible to locate all the grandchildren. Thanks for any help you can give me.
Bill Layne
1 Answer from Attorneys
Re: Family farm in heirship
Your father could do one of two things:
1) Quit paying the taxes and have you buy it at the tax sale.
2) Hire a lawyer and bring a partition suit. The Court would order the property sold, and he could buy it at the auction. He is holding an undivided 1/7 interest, and if it is bought by someone else, he would receive 1/7 of the net proceeds.
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