Legal Question in Wills and Trusts in West Virginia

Re: probate/real estate

Your question relates to offset against the interest in real estate owned by the two daughters for work done by you for the decedent during her lifetime. With these facts, I believe not. Any claim for services rendered to the decedent is a claim against her estate. The time to file a claim expires 90 days after publication (with exceptions) and would likely not be recoverable without an agreement to be paid by the decedent during her lifetime or at least a pattern of payments to establish the existence of an agreement to pay by her and payments to support the agreement. It appears that your husband owns an undivided 1/2 interest. He apparently gave away any interest in personal property. I doubt that a court would try to make some kind of equitable adjustment after 15 years. It also appears that one brother and his family lived in the house for 15 years without paying rent, which he is allowed to do as a co-parcener. Some adjustment should be made for improvements and taxes because they benefit all. You should consult a lawyer to review all the facts and circumstances and to make the contact to secure a deed and settle up with the co-parceners in exchange for a deed. It appears you cannot give good title without at least 2 more signatures, perhaps 3.