Legal Question in Wills and Trusts in West Virginia

Step-mothers claim to personal property

Father-in-law passed away after being married for 12 years to second wife, no children. First wife passed away 20 years ago, one daughter, (my wife). Prenuptial agreement(to protect the estate for his only child)listing both domiciles and personal properties, also with standard spousal agreement. Question is that can second wife claim all items that were purchased during their marriage as hers and hers alone, ie, refrigerator, stove, TV, garden tractor, ect? These are items that were possessed before the marriage but due to age and use (wearing out) they were replaced, they are not a gained asset.


Asked on 2/25/04, 2:15 pm

1 Answer from Attorneys
Thomas Zimmerman Zimmerman Law Office

Re: Step-mothers claim to personal property

There is a statutory provision which deals with this problem. It is complicated, but the first approach requires a review of the documents as well as the intent of the parties. Then your father's will, if he has one is important. Your wife should see a lawyer as the heir. Sorry, it takes a comprehensive review of the information to approach the subject and a general discussion is out of the question because of the multiple factors which must be assumed to get into such a discussion. It could be very misleading if one of the assumptions is incorrect.

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Answered on 2/25/04, 5:41 pm


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