Legal Question in Wills and Trusts in West Virginia

How a son could get a copy of deceased dad's will?

My boyfriend's dad passed away in Daniels, WV in 2005. Before his dad died he told my boyfriend that he had 50 acres of land wich includes his house. My boyfriend is the only child, and his dad was married. My question to you is, how could my boyfriend obtain a copy of the will if there was one, since he doesn't speak to his step-mom, and we live in AZ, so it would have to be a way to see it online. I have searched and searched all over the net for a way to do this, but have come up with no real answer. I did a search for unclaimed assets in WV, and my boyfriends name was on the list,but it was very vague on how to claim the so-called assets which the amount is unknown, is at Princeton Bank and Trust. So is there a way of checking out the accounts at that bank to see if his dad's name is there as a account holder? I have looked all over for that answer too. So If there is a way for him to see the will online peferably so not to disturb his step mom in doing so, and not having to get a lawyer to go about this would be great because we have no money to live at the moment with the bad ecoomy, so there is absolutely no way he could afford to hire a attorney.


Asked on 9/24/08, 7:14 am

1 Answer from Attorneys
Thomas Zimmerman Zimmerman Law Office

Re: How a son could get a copy of deceased dad's will?

Daniels is in Raleigh County W. Va. The County Clerk will look to see if there is a will on record. I do not know if they have public internet access to the records or not. If so, the clerk will help you get on line with it. He is Danny Moore, Clerk of the County Commission or Raleigh County, WV 215 Main Street Beckley, WV 25802. If there is a will lodged, the terms of the will determine who will inherit the land. It is a misdemeanor not to submit a will within 30 days of the death of the decedent. If there is no will, title vests according to the laws of intestate succession. If I read the question correctly, you husbands father died married but only with one child from a former marriage. This means that the widow and child inherit the estate equally or 1/2 each. You should be concerned with taxes. If the property has sold for taxes, there is probably no record to show any interest in your husband and the person applying for a deed could not give you notice. Thus you ought to scrape up the money and have a lawyer perform a limited title search to see what property the decedent owned and if the the taxes are paid. Perhaps Legal Aid might do it, or The West Virginia State Bar has a referral service. You can call and get the numbers or the Bar Website is: http://www.wvbar.org/

I am told we cannot put phone numbers in an answer or I would give you the numbers. Good Luck

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Answered on 9/24/08, 8:35 am


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