Legal Question in Wills and Trusts in West Virginia

Incompacitated terminal sibling

A sibling is terminal, and incompacitated-comatose. The sister was making all medical decisions as a ''surrogate''. Death is imminent, but the sister does not have any legal authority to handle the ''meager'' estate and arrangements as no will or any other legal document exists. What should she do to handle the various matters?


Asked on 1/04/07, 12:52 pm

1 Answer from Attorneys

William Nolan Nolan Elder Law LLC

Re: Incompacitated terminal sibling

I can tell you what will happen in Alabama but you will need to consult a member of the WV Bar if you really need WVa law.

In Alabama, a family member would petition the court to be appointed as Administrator of the deceased's estate. The Court can appoint the county administrator if there is one, but if the family member meets the minimum standards, he/she will most likely be appointed.

William G. Nolan

www.NolanElderLaw.com

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Answered on 1/04/07, 1:25 pm


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