Legal Question in Wills and Trusts in West Virginia
how to verify deceased mothers estate
How can i verify that my mothers husband was indeed listed on all her accounts before her death
2 Answers from Attorneys
Re: how to verify deceased mothers estate
The easiest way is to ask the co-owner to get you a copy of the account papers. I think you would have to sue in Circuit Court, but the County Commission could compel production also.
Re: how to verify deceased mothers estate
That's a loaded question. IF there is a probate opened, you can ask (in discovery) for copies of the bank records so you can review them.
If there is no probate, you might consider finding an attorney who handles estate work to open one for you.
Your mother's husband is entitled to the majority of property at your mother's death by virtue of community property and the Washington intestacy statutes, but he isn't entitled to all of it.
I'd need to know whether she left a will, or not.
If she did, then you'd want to see it. If she didn't the intestacy statutes control.
But some of what she owned is now yours, and if your stepfather is not disclosing what he believes he's entitled to, it is time to talk to a lawyer.
Sean O'Neil in Renton does estate work; Margaret Dore in Seattle is very good. You can find contact information for any WA attorney at wsba.org or learn more at avvo.com (that's a v v o).
Elizabeth Powell
Hope this helps.