Legal Question in Wills and Trusts in West Virginia

Worried in WV

My spouse is dying of cancer. we have no will. He has a child by former spouse. The property is in both as, and\or, Could the child have any rights to the property? Also we have been married 12 years and spouse had the house when we got married. The loans are in both of our names. Any advice?


Asked on 3/28/03, 9:19 pm

1 Answer from Attorneys
Thomas Zimmerman Zimmerman Law Office

Re: Worried in WV

Of course, it is not possible to give advice. West Virginia revised its probate and maritial laws in 1992. Generally speaking, children of a decedent do have an interest in the estate of a person who dies without a will as does the spouse. Your husband's intent must be expressed to a lawyer who will be able to structure your holdings as well as a will to see that matters are left as he desires. Best wishes. Tom Zimmerman

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Answered on 3/29/03, 10:45 am


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