Legal Question in Wills and Trusts in West Virginia

Father had no will-sister seems to be taking over

Father died and had no will. His sister has filed to be Administrator of the estate. She(aunt)did not contact the two sons. They saw it in the newspaper. What do they need to do to be sure that they are included as heirs before it's too late? Did she have to list heirs when she filed for administrator? If so, can the sons view this at the Courthouse and add their names if they're not listed?


Asked on 10/12/03, 2:22 am

1 Answer from Attorneys
Thomas Zimmerman Zimmerman Law Office

Re: Father had no will-sister seems to be taking over

The Clerk of the County Commission in West Virginia is the first level of qualification. Usually, the clerk will require a waiver from the children to qualify someone else. The person who does qualify is required to provide a list of names and addresses of the heirs. Depending on marital status, the spouse and children are the intestate heirs and a sibling would take none of the estate. An Administratrix would be entitled to a fee for administration. There are many legal requirements of the Administratrix. One should consult a lawyer to see what they are. All of the reporting by an Administratrix is on file and can be viewed by the public as well as beneficiaries in the Probate Office of the County Commission in the County Courthouse.

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Answered on 10/13/03, 3:36 pm


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