Legal Question in Wills and Trusts in West Virginia

Rights of Heir

I live in Jackson county West Virginia. I recently went to court over my fathers farm . I have 12 brothers and sisters. 190 acres was split 3 ways between my 3 younger siblings. Which one has passed away so the third that was suppose to be his was split up amoung the other 11 that are left. We have not divided the property or anything. I already live on about 5 acres of the property. My question is do I have the right to continue farming the land as I have in the past ? I have lived on there about 12 yrs now.


Asked on 1/15/07, 5:36 pm

1 Answer from Attorneys
Thomas Zimmerman Zimmerman Law Office

Re: Rights of Heir

If a person dies intestate (no will) in West Virginia and owns real estate, his heirs take title jointly. Heirs are the children of a widower and the brothers and sisters of a person who dies with no spouse and no children. Joint title allows any one or more of the joint tenants to occupy the land. He or she must account to the others for rents and profits. You should consult a lawyer as to what the court order means. Any person who is a joint tenant may petition the court for partition, that is, sale of the whole to allow distribution of the proceeds of sale to the owners in their respective shares. The purchaser at the sale, who could be an heir, takes the fee simple or the whole title free and clear of the claims of the co-tenants.

Read more
Answered on 1/16/07, 7:56 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in West Virginia