Legal Question in Wills and Trusts in West Virginia
Last Will
If two people are mentioned in a will and one has passed leaving two siblings with his share, and the two siblings refuse to contact or take phone calls from the other in the will. How long must the one remaining wait to exclude them, so that he can take care of the house and things.
1 Answer from Attorneys
Re: Last Will
If these people won't contact you, you'll have to go to court and arrange for their shares to be preserved in some way, probably by the deposit of money with the Circuit Clerk in an interest bearing account. This requires the filing of a lawsuit to do all that needs to be done. The Court will have to approve the sale of the house and will appoint a lawyer to sign the deed for them if they refuse to do so. You won't be able to exclude them by waiting. The additional costs of all this complication should be assessed against their share of the proceeds of the estate. Your fee as executor or administrator should be somewhat higher because of this unnecessary trouble. John Yeager, Jr., State Bar Identification # 4159.
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