Legal Question in Wills and Trusts in West Virginia

Re: Time frame to file a claim & particulars

You must have a lawyer look at the probate records and the deeds. Any comment requires assumptions. One small incorrect assumption and every thing changes. Generally speaking, title of real estate passes at the time of the death of the decedent. It does not require a claim to be filed against an estate. Your information suggests that your grandfather devised a life interest in real property to his second wife who lived there until her death. If so, your father, as on of the devisees of your grandfather held an undivided remainderman interest in the real estate at the time of his death. It was not a possessory interest because of the life estate in his step-mother. His interest vested in his heirs or devisees at the time of his death. Any real interest, whether possessory or not, interest held by a decedent, as I said earlier, vests in his heirs upon his death. The interest is subject to administration to pay debts of the decedent. The personal representative cannot sell the property to pay charges against the estate unless there is express power in the will of the decedent or consent is secured from the Circuit Court of the county where the property is located. It could be, therefore, that you, as heir to your father's estate, hold an undivided interest in real estate. Any such interest could be sold or a partition suit brought to sell all of the interests together with distribution of the proceeds of sale to the respective owners according to their pro-rata interests. You should have more questions and should consult a lawyer about protecting your interests. There are real estate tax issues in fractional ownership situations as well. I find that usually one co-parcener, as such an owner is referred to, takes the lead and determines who the owners are and goes around buying up the interests. If all the owners cannot be found or some won't or cannot sell, the partition suit is indicated.