Legal Question in Wills and Trusts in West Virginia
Unclaimed Funds or Property
I need to find out if my grandmother had any funds or property that was to go to her son, my father when she died. She was married to a man who was not my biological grandfather and we do not know if he changed her Will or not. Is this information available to to the public? Can I find out from the state she lived whether or not she has any unclaimed property or funds just by providing her name both maiden and married along with her last address?
1 Answer from Attorneys
Re: Unclaimed Funds or Property
Ordinarily, a decedent's estate is probated in the county of his or her residence. The Clerk of the County Commission in West Virginia will show you where the probate records are kept. If a person's estate has been probated, there should be an appraisement and a distribution or at least a waiver of distribution. If there is no probate then the next of kin or a creditor could qualify and thereafter look for assets. This kind of effort requires both knowledge of probable assets and knowledge of the rules and statutes of both probate and circuit court. You should check what you can in the record room, get copies and see a lawyer. There are time limits for everything. You cannot sit on your rights without losing them with the passage of time.
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