Legal Question in Wills and Trusts in West Virginia

Re: No will in place

You need to see a lawyer. The laws changed in 1992. The laws of intestate (no will) distribution changed then. Thus, if your father had only children with your mother, then the children may own the property with a life interest vested in your mother. Thus, first you and your mother needs to know who owns what. Second, your mother ought to decide how she wants her estate to pass at the time of her death, if nothing else to make arrangements to avoid a contest or worse yet, litigation among her heirs. She does not have to discuss it with anyone and could write out her own handwritten will. The preferred way is for her to consult her lawyer privately and have him or her draft and attend to the execution of the will. If she elects to write out her will, it must be entirely in her handwriting, show clearly her testamentary intent and place in a safe place with her executor or executrix knowing where it is. If her will is typewritten, even in part, there must be two witnesses who she asks to watch her sign and they must then sign the will. If your passes without a will, the laws of intestate succession would vest her estate equally in her children. Her estate will be subject to the claims of creditors. Any child would be qualified to serve as Administrator (trix) but would have to post a bond to serve. A will could specify who the Executor is and waive bond.