Legal Question in Wills and Trusts in West Virginia
last will and testament
my brother died recently in the usa and his ex wife has been reluctant to pass on any details about whether he made a will or not. during a recent visit she stated that my brother had left a will and left everything to his two children in America but I am concerned at this because she has told other people that he did not leave a will. My concerns are that he has three children from a first marriage in the United Kingdom and when we spoke he always told me that all his children had been catered for in the event of his death. To my alarm I am now in receipt of his death certificate and his ex-wife has signed as his wife. Could you please tell me how I can get access to his will, if he made one, and if not how do I go about finding out how his final estate has been distributed
1 Answer from Attorneys
Re: last will and testament
The state of a person's residence at the time of death is the correct venue to offer a will for probate or to qualify as administrator in the absence of a will. In West Virginia a person who has a will of a deceased person is required to deliver it to the probate court or to the named executor within 30 days. It is a misdemeanor not to do so. Once delivered to the court, a copy is available to anyone on request. If neither the named executor or next of kin qualifies within 30 days, any person may qualify as administrator. The wife is preferred to qualify. Obviously, if an impostor qualifies, she could be removed. In West Virginia, a person who dies married, without a will and with children with the wife and other children also, the distribution is 50% to all the children and 50% to the wife. If the person dies with a will, the will controls, subject to the ability of the wife to renounce the will and take a marital share as defined by the laws. As you see, a party in interest, child or wife should consult a lawyer in the county of the decedent's residence.
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