Legal Question in Wills and Trusts in West Virginia
Will left property to daughter-surviving spouse intends to give it away
My father left me a section of land (part of his property) upon his death in his will. The will was handled by an attorney and my brother, the executor. His surviving spouse has stated that she is going to give the piece of property (5 acres) to someone else, effective immediately. I do not wish that the piece of property be given to anyone other than myself. Is this legal? Any suggestions with how to proceed?
Asked on 9/10/06, 7:19 pm
1 Answer from Attorneys
David Slater
David P. Slater, Esq.
Re: Will left property to daughter-surviving spouse intends to give it away
Request a deed to your property from the estate executor and have it filed with the County Clerk. Unless the spouse now owns the property, she cannot give it to anyone.
Answered on 9/10/06, 8:46 pm