Legal Question in Wills and Trusts in West Virginia
Father died with no will, or probate of estate--Mother is going to remarry.
My Father died but there was no will or probate. My mother is planning to remarry, but I believe the man is a con artist. As an only child, can I block the assets from my father's estate to protect my naive mother?
2 Answers from Attorneys
Re: Father died with no will, or probate of estate--Mother is going to remarry.
It would depend on whether you, in fact, are the owner of any of your late father's real and personal property. I pulled up the applicable W.V. Code and it is displayed below.
�42-1-3. Share of spouse.
The intestate share of a decedent's surviving spouse is:
(a) The entire intestate estate if:
(1) No descendant of the decedent survives the decedent; or
(2) All of the decedent's surviving descendants are also descendants of the surviving spouse and there is no other descendant of the surviving spouse who survives the decedent;
(b) Three fifths of the intestate estate, if all of the decedent's surviving descendants are also descendants of the surviving spouse and the surviving spouse has one or more surviving descendants who are not descendants of the decedent;
(c) One half of the intestate estate, if one or more of the decedent's surviving descendants are not descendants of the surviving spouse.
If you do not own any property, then your mother would -- frankly -- be able to do anything with her property that she wished under the law -- including being conned. If you have any ownership, whether by intestate or otherwise, you should be able to control that portion of your property without any input from your mother (assuming you are not a minor).
If her future husband is as bad as you say, a $200 to $250 background search and report should expose him and open her eyes. They only work for cash, but you can get a background search at http://www.delveinfo.com
Hugh Wood
Re: Father died with no will, or probate of estate--Mother is going to remarry.
If your mother had a Will prepared naming you the only beneficiary then you would have the protection that you are looking for. If you mother has a Will prepared, be sure you have or know where the original Will is. You will need the original Will upon her death. If she does not have a Will and re-marries then her estate will go to her new husband.
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