What Steps Are Required to File a Petition Claiming Surplus Funds from a Foreclosure Proceeding in West Virginia?
Detailed Answer After a foreclosure sale in West Virginia, the circuit court may hold surplus funds when the sale price exceeds the debt and costs. WV Code §38-2-29 governs how to claim these funds. Follow these steps to file a petition: Confirm Eligibility and Deadline: Ensure you held title at the time of sale. File […]
Read article →Do I Get Any Ownership Interest in West Virginia Real Property if I Pay the Mortgage?
Do I Get Any Ownership Interest in West Virginia Real Property if I Pay the Mortgage? Detailed Answer Short answer: Simply paying the mortgage does not automatically give you an ownership interest in the property. Under West Virginia law, ownership (legal title) depends on whose name appears on the deed. A mortgage is a loan […]
Read article →What Is the Process and Timeline for Applying to Become the Personal Representative of an Estate in West Virginia?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation. Detailed Answer 1. Determine Eligibility and Priority Under West Virginia law, the court appoints a personal representative (also called an executor if named in a will, or an administrator if appointed […]
Read article →What options exist for establishing authority over an elderly heir’s personal and financial decisions in West Virginia, such as power of attorney or guardianship?
Detailed Answer When an elderly heir can no longer manage personal or financial affairs, West Virginia law offers tools to designate decision-makers. The two main options are power of attorney and guardianship/conservatorship. 1. Power of Attorney A power of attorney (POA) allows a principal (the elderly heir) to appoint an agent to act on their […]
Read article →What Options Exist for Transportation if Rental Coverage Ends After a Crash in WV?
Detailed Answer In West Virginia, rental reimbursement coverage is an optional add-on to your auto insurance policy. Under West Virginia Code § 33-6-3, insurers must offer this coverage, but they aren’t required to include it by default. Your policy will specify a daily limit and a maximum number of rental days (for example, $30/day up […]
Read article →How to Verify and Probate an Old Will Discovered Decades After Execution in WV
Detailed Answer Discovering an old will decades after its execution triggers several steps under West Virginia law. First, locate and secure the original document. If you have only a copy, search family records, safety deposit boxes or attorney files to find the original. Next, contact the circuit court clerk’s office in the county where the […]
Read article →Where Would Insurance or Government Program Payments Appear on the Statement of Account in WV?
Understanding Insurance and Government Program Payments on Your Statement of Account in West Virginia Disclaimer: This article is for educational purposes only and is not legal advice. Detailed Answer When you review a statement of account issued by a service provider—such as a medical office, hospital or lender—you will see charges, payments and adjustments listed […]
Read article →How to Verify if the Decedent Had a Valid Will or Other Estate Planning Documents in West Virginia
How to Verify If the Decedent Had a Valid Will or Other Estate Planning Documents in West Virginia Detailed Answer When a loved one passes away, confirming whether they left a valid will or other estate planning documents is a crucial first step in settling their estate under West Virginia law. A valid will dictates […]
Read article →What rights does a life estate grant to a lifetime beneficiary and how is a remainder interest determined in WV?
Detailed Answer 1. Understanding Life Estates in West Virginia In West Virginia, a life estate grants a person (the life tenant) the right to use, occupy, and derive income from property for the duration of that person’s life. The life tenant holds a present interest measured by that lifetime. Upon the life tenant’s death, full […]
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