Legal Question in Wills and Trusts in West Virginia

Re: wills

Dear LawGuru Friend,

My initial response, without really thinking this matter over, is that the fact that the grandfather made a will showing his intention to

donate by will (MORTIS CAUSA) his house when he died, does not provide a basis to make the proceeds of a sale made before he died go to your daughter's father's estate and/or to your daughter. However, it could very well be, that since your daughter's father died before his father (before her grandfather), that by the law of intestate successions your dauGhter is by law entitled "represent" her father in the matter of the estate of her grandfather (his father). If you would like to discuss this futther with me, e-mail me at [email protected]. No charge, as I am retired from the practice of law; but I still love the law and helping people with legal problems. There is more to it all than this, but this is something to think about. If no one has filed any papers with the court to be named as "succession representative" of the grandfather's and/or father's estates and/or to be "placed into possession" of same, then your dauther should take immediates steps to accomplish one or more of those purposes. Again, feel free to contact me! E-mail is the best way. I am in Lake Charles, but we are not permitted to list our phone numbers in the reaponses we give on this web-site. Good luck to you and your daughter! However, should you desire to call me, my phone is listed undere my wife Janice's name, no longer in mine.

Sincerely,

Hardy Parkerson, Atty. (Retired)

Lake Charles, LA