Legal Question in Wills and Trusts in West Virginia
right of survivorship
My father passed away almost 5 years ago. I held two accounts under right of survivorship. The estate attorney said the accounts were mine. 5years later, the executrix is suing me for fraud and embezzlement. The account is now considered an accomidation by the ''new''estate attorney. The estate attonrey would not allow me to send information proving right of survivorship - he already knew everything. What are my rights to having accounts under right of survivorship? What is the use of signing accounts under this law if there is no protection?
1 Answer from Attorneys
Re: right of survivorship
The issue is a question of intent. West Virginia does have a statute which provides for survivorship ownership. There is statutory language and case law which must be reviewed in connection with all of the facts and circumstances of your case. The Personal Representative or you have the right to bring a Declaratory Judgement Action to settle the matter with a court order.
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