Legal Question in Wills and Trusts in West Virginia

what are my kids rights to thier fathers estate?

I really don't know what to tell my kids. Here is the situation. My Ex-husband and father of our 3 childern (ages 21, 19, & 18) suddenly died at the end of march. He had been living with his girlfriend for 15 years but never married. He had a life insurance policy with his work, and owned some things like motorcycles. Now his Girlfriend seems to be running everything. She tells the kids that the autopsy won't be in for another six months, and that the insurance goes to her. And told the kids something about a policy that wont mature until 15 years for the kids, then they can borrow against it??? It sounds like a life insurance policy she has on my kids??? She has not explained anything about probate or what the kids should be able to do with his personal belongings. I don't know what to tell them, or who to contact. I feel the kids have more rights than her. Help Please!!


Asked on 6/11/05, 3:57 pm

1 Answer from Attorneys
Thomas Zimmerman Zimmerman Law Office

Re: what are my kids rights to thier fathers estate?

One or more of your children should consult a lawyer. They are the heirs and have the exclusive right to administer the estate. If they allow the girlfriend the power, they may never know how the policy of insurance and other assets were titled and administered. If the girlfriend has already qualified, then the amount of bond should be reviewed.

Read more
Answered on 6/12/05, 5:53 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in West Virginia