Legal Question in Wills and Trusts in West Virginia

Re: father died no will

Assuming that your father had no children with your stepmother, then his estate is divided equally between his spouse (1/2)and his children (1/2 divided among the children. You are permitted to go to the courthouse in the county of his residence to see the Apraisement which lists probate property. If real estate or personal property, such as vehicles, checking and savings accounts are held jointly with another person, which may be the spouse, the ownership vests in that person at death because of "survivorship." A survivorship provision can be found in the document of ownership such as a deed or it may be provided for in the contract of deposit. Survivorship may be a result of application of law. Each item of property must be evaluated individually. Such asset does not become a part of the probate estate for distribution or to be liable for debts. It could happen that holding assets in survivorship was not the decedent's intent. You should consult a lawyer if you believe or have evidence that the estate distribution is not what your father intended.