Legal Question in Wills and Trusts in West Virginia

Re: rights of heirs

If all siblings were the only children of your parents, each of the three of you inherited an equal one third. Your siblings who have predeceased you have either willed their interests to third parties or their children have inherited as their heirs-at-law. Your nephew may be an owner, but he is not the owner. A review of records in the county courthouse is needed. Any heir can move in if he or she has an interest. You can offer to sell him your share, to buy his share from him, or, if neither of these works, file a suit to partition the property or have it sold by the court and the proceeds split among the heirs. John Yeager, Jr., Attorney at Law, Weirton.

Re: rights of heirs

It appears from your facts, that your nephew inherited some or all of his parent's 1/3 interest in this property. He has a right to occupy it, but cannot commit any waste. Any or all of the co-parceners could maintain a partition suit to require sale and distribution of the proceeds. I take it you have asked him to buy you out without success. You should consult a lawyer as it is very difficult to process a partition suit pro se, or representing yourself.