Legal Question in Wills and Trusts in West Virginia

Who becomes legal heir to an estate

Recently my uncles brother died, he had been a widower since mid 1980s, no children. On his death bed he asked to make a new will which was signed and witnessed by the nurses from Hospice. There is now a nephew, the former wives sisters son, who has stepped in to claim everything. His wife is an attorney and this is how is went down. At the cemetary following the funeral, my uncle and his other brother were both handed court papers one given by the nephew the other delivered by his wife. They have managed to have the house and all belongings sealed until further notice from the court. I have been told that the rightful heirs to the estate would be as the will said, to my uncle and his brother. But i am confused how they have managed to get the doors locked from the family for so long and to do the things they have done,,,the attorney wife is the one that drew up the papers and signed them using her maiden name. My uncle is elderly and i feel he is being taken advantage of but really do not know what to do. There is a hospital bed in the house that belongs to Hospice and they are in dire need of it but no one can do anything. The last we were told the case was turned over to a local bank and then back to the attorney again,,,,help


Asked on 11/11/04, 8:51 pm

1 Answer from Attorneys

Thomas Zimmerman Zimmerman Law Office

Re: Who becomes legal heir to an estate

It is not possible to answer your inquiry without knowing more. You should take "the papers" to a lawyer to review and advise. It is possible to obtain ex-parte relief from a court, but it does require notice to parties in interest. The Executor of a will does have the exclusive right to manage the estate of the decedent.

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Answered on 11/12/04, 8:13 am


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