Legal Question in Wills and Trusts in West Virginia

If loved one dies and has no will?

I am married and I was wandering if my husband dies and he has no will what will happen to his personal property and possesssions the reason why i ask is because he has a terrible Ex-Wife and I didnt know if she could give me any problems or not she caused us some problems before and I dont if she could or not my husband said not to worry about it that I am his wife and that everything will go to me because I am his wife. I wanted to know if you can please answer my question?

Thank You,

Nicole


Asked on 7/03/04, 9:47 pm

1 Answer from Attorneys
Thomas Zimmerman Zimmerman Law Office

Re: If loved one dies and has no will?

If a person dies as a resident of West Virginia his estate passes by intestate succession. If he is married, the wife takes 100% unless he has children other than with his current wife, in which case there is a 50-50 split between the wife and other children. If he also has children by his current wife the split is 75-25 in favor of the wife and children with her. Some personal property, such as automobiles, savings and deposit accounts and retirement accounts can be held in a survivorship or "payable on death" with another person. That personal property is non probate and passes to the co-owner because of the contract with the bank or the way it is titled.

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Answered on 7/05/04, 9:18 am


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