Legal Question in Wills and Trusts in West Virginia

Legal Heirs

My grandfather passed away in November 1975. My grandmother passed away in 1998. They left no will. My grandmother and grandfather had three sons. My father was one of them. He preceded my grandmother in death in 1978. There are two remaining living sons. After my grandmother's death, my sister became administraix for the estate. My grandmother who was in a nursing home,passed away from starvation and dehydration (confirmed by doctors and listed as cause of death on the death certificate.) As administraix, my sister sued the nursing home for ''Wrongful Death.'' Recently she settled with the nursing home for x amount of dollars. The two living sons of my grandmother are now petitioning the court that there are only two heirs. (Trying to exclude my sister, brother, and myself) (1) Is there any way that my siblings and I are not legal heirs? (2)In settlement for a wrongful death suit, is there any stipulation that settlement should be for only living children? (3)Can you advise me of any type of information that I may need to produce before the hearing?


Asked on 4/05/02, 2:43 pm

1 Answer from Attorneys
Rodney Berry Berry, Kessler, Crutchfield and Taylor

Re: Legal Heirs

You and your siblings are all legal heirs of your grandfather. Under West Virginia's wrongful death statute, your sister will have to petition the Court for it to make a decision on how the settlement will be distributed. The Court has a lot of discretion. It would be my advice to contact an attorney.

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Answered on 4/06/02, 10:46 am


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