Legal Question in Wills and Trusts in West Virginia
Inheritance
My adopted mother passed away May 04. Her estate was handle by the state. Thay gave everything to her third cousin. I should have got her inheritance. What is the statute of limitation on this matter?
1 Answer from Attorneys
Re: Inheritance
It sure has been a long time since the estate was administered. I assume that the sheriff administered the estate because there is no mechanism for the state of West Virginia to probate estates. There are a lot of factors which will prevent forfeiture of you legacy. If you were under disability during some or all of this time. If you are and were competent and knew of the death and administration, or if there were fraud involved. I think a court may consider all such factors if a motion was filed to re-open. Normally, when the estate is closed, following the probate process, the heirs are precluded from objecting. A creditor has two years to bring suit against a distribute.