Legal Question in Wills and Trusts in West Virginia

Re: real estate/death

The first thing you need to do is determine if the deed from mom to her children was a survivorship deed. If it is a survivorship deed, you are the owner and can convey the entirety. If it is not a survivorship deed, then a one half ownership is vested in the heirs of your brother. If he had only a spouse or a spouse and only children of that marriage, she owns the one half. If he had children from another marriage or otherwise, the children and spouse take a one fourth each. If he had children with his widow and other children as well, the split is 75% - 25%. You get the picture. Thus the heirs would have to sign the deed to convey the property. A prudent title examiner would require ancillary probate in West Virginia. The closing could occur anytime with all the required signatures. The one half proceeds that go to your brothers heirs would be placed in escrow until the probate was closed. In the absence of local debt or other complications, the probate would be open and closed in about 100 days here. It could take longer because, your sister in law would have to re-qualify in Ohio for a short period to time in order to have standing to open probate in W. Va. I would start with a W. Va real estate lawyer to draft the purchase agreement, draft the deed, open probate, close the sale.