Legal Question in Wills and Trusts in West Virginia

Re: No Will-How to divide property

I'm assuming from your use of "ex-husband" that you and he had divorced and that he had remarried.

If thats the case, then the current wife would get half of the estate and your ex-husband's children would split the remainder equally.

If you are the surviving spouse, and neither you nor he had any other children except those that were between you two, then you would get 100% of the estate.

This only applies to property that is in W.Va. Real property in another state would be divided according to the laws of that state.

Your daughter should consult with an attorney to aid in adminstering the estate. The costs of the attorney can be deducted from the estate, as well as a small fee for the services rendered by your daughter.

Re: No Will-How to divide property

If West Virginia's law governing intestate succession is similar to Virginia's, you as the surviving spouse would be entitled to 1/3 of the estate after all costs, including funeral expenses

and expenditures associated with the administration of the estate have been paid.(See Sec. 64.1-1 of the Code of Virginia).