Legal Question in Wills and Trusts in West Virginia

Land left to Family members ''Heirship''

There was land left to 7 siblings divided in equal shares in a will. It is going to be kept and passed down through the generations. If one of these siblings was to be sued for something, could their share be taken away or could the whole property be taken for ones actions?? Also IF they can be sued for their share of the property left to them in the will, could the other siblings own private homes and assets be affected???


Asked on 3/07/05, 10:44 am

1 Answer from Attorneys
Thomas Zimmerman Zimmerman Law Office

Re: Land left to Family members ''Heirship''

Any of the siblings could bring a partition suit to have the property sold to realize his or her interest. Likewise, if on sibling were sued, the judgement lien creditor could have the entire property sold to satisify its lien. Any of the other siblings could bid at either sale. The siblings who did not have a judgement against him or her could only lose the interest in the land and would not have other assets at risk. An alternative is to put the land in a trust with a common fund for maintenance and taxes.

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Answered on 3/07/05, 3:56 pm


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