Legal Question in Wills and Trusts in West Virginia
father died with no will
my father died with no will. my step mother is now selling everything. Do i have a right as his child to any of his estate.
2 Answers from Attorneys
Re: father died with no will
Under Georgia law, you (and your siblings, if any) share equally with your stepmother.
You should consult with an attorney to stop her from selling estate property.
Re: father died with no will
The laws of the state of residency apply to disposition of personal property. The laws of the location of real estate control inheritance of real estate. Under West Virginia law, if there is no will and assuming there were no children of the last marriage, the spouse would share equally with all the children of the decedent. If the spouse qualified as Administratrix, she has an obligation to liquidate the personal property and pay the debts of the estate. The County Probate Office has these records. Any heir can qualify as Administrator after 30 days has passed without qualification by the spouse. If qualified, the spouse must post bond and is supervised by the Fiduciary Administrator or a Commissioner of Accounts. If a Commissioner has not been appointed, any beneficiary can ask for one to be appointed. If you suspect that there is some improper activity, you should consult a lawyer.
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