Legal Question in Wills and Trusts in West Virginia

Can an individual contest a will without an attorney?

My father recently died, leaving a will which was pretty much worthless because what he wanted to leave to his children is legally property of his wife because her name had been added to the deed. We have seen the deed and a copy of the vehicle titles. That is all. His wife simply claims all of the bank accounts, CD's, stocks and etc. but has refused to show any documents supporting her claim. It has become somewhat ugly, so just over the weekend, she bought a new house and said that she was going to deed the farm back to the children. I feel that she opted to take the money and run because the estate is to be finalized this coming week, and instead of dealing with the issue, she hopes to passify us with the farm that we know she legally owned so that we would not force her to prove the financial part. The executor is my brother, but she has a tremendous influence over him and he has not used his legal position to force her to provide the required information. I do not have a issue with him because I feel he has been in a very difficult possition. I want her to be held accountable for her claims, and his failure to fulfill his role as executor is mainly due to her manipulation. Can I contest and have the court demand compliance?


Asked on 9/21/05, 10:19 am

1 Answer from Attorneys
Thomas Zimmerman Zimmerman Law Office

Re: Can an individual contest a will without an attorney?

You should consult a lawyer. Title to real estate is shown on the deed. If it is held in survivorship, then ownership would pass by virtue of the deed. Tangible and intangible personal property is held according to the intent of the parties. There is a presumption that jointly held personal property, including deposits and accounts are survivorship, but it is the intent that controls. You must look at each deposit document and title and the circumstances under which it was made in view of the intent and desire of the parties. The fiduciary can be required to make a full disclosure.

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Answered on 9/21/05, 2:25 pm


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