Mortgage and Utility Payments During Probate in West Virginia
Detailed Answer When a person dies in West Virginia, the estate goes through probate if their assets must be transferred under court supervision. While the estate is in probate, responsibility for bills tied to estate property—most importantly mortgage payments and utilities—generally falls to the estate and the personal representative (also called the executor or administrator) […]
Read article →West Virginia: What to List on a Small Estate Affidavit
How to Decide Which Assets to List on a West Virginia Small Estate Affidavit Disclaimer: This is educational information only and is not legal advice. Laws change and each situation is different. Consult a licensed West Virginia attorney or your county probate clerk before filing documents. Detailed answer — what to include on a West […]
Read article →Finding a Missing Parent as Next-of-Kin in West Virginia — Probate Guidance
Detailed Answer This page explains, in plain language, what a next-of-kin needs to know and do in West Virginia when a parent cannot be located during probate. It covers practical searching steps, how West Virginia probate courts handle missing heirs, and what filings and proof the court typically expects. This is educational information only and […]
Read article →West Virginia: Including Right-of-Survivorship Assets on a Probate Inventory
Detailed Answer Short answer: In most cases under West Virginia law, assets that transfer automatically at death by right of survivorship (for example, joint bank accounts titled "joint tenants with right of survivorship" or real estate held as joint tenants with right of survivorship) do NOT become part of the decedent’s probate estate and therefore […]
Read article →West Virginia: How to Verify Bank Account Balances for the $20,000 Small Estate Process
How to confirm whether a decedent’s personal bank accounts fall under West Virginia’s $20,000 small estate limit Short answer: In West Virginia you determine eligibility for the small estate affidavit by totaling the value of the decedent’s personal property (not real estate) that is owned solely in the decedent’s name as of the date of […]
Read article →Using a Small Estate Affidavit in West Virginia to Claim a Deceased Parent’s Bank Account
Detailed Answer Short answer: In West Virginia you can sometimes use a small‑estate affidavit to collect money from a deceased person's bank account if the account is solely in the decedent's name and the total personal property subject to the procedure falls under the limits set by state law. The affidavit is a sworn statement […]
Read article →Do you automatically become guardian of the estate if appointed guardian of the person? — West Virginia
Understanding Separate Appointments for Person and Estate Under West Virginia Law Short answer: In West Virginia, being appointed guardian of the person does not automatically make you guardian of the estate. The court must separately appoint a guardian (often called a conservator) for the estate or include an explicit combined appointment in the court order. […]
Read article →West Virginia — Do I need to file a federal tax return for an estate if no distributions were made?
Detailed Answer — Federal filing obligations for an estate (West Virginia) Short answer: Whether you must file a federal income tax return for a decedent’s estate (Form 1041) does not depend on whether distributions were made to beneficiaries. Instead, it depends on whether the estate generated gross income during the tax year (and some other […]
Read article →West Virginia — Transferring Brokerage Account Assets into an Estate Checking Account
Detailed Answer This FAQ explains, in straightforward steps, how a decedent’s brokerage assets typically get moved into an estate checking account under West Virginia probate practice. This is educational information only and not legal advice. Because every situation is different, consider discussing your case with a West Virginia probate attorney or the county probate clerk. […]
Read article →Tracing Sale Proceeds from a Deceased Parent’s House — West Virginia Guide
Detailed answer — tracing sale proceeds from a decedent's house in West Virginia This page explains, in plain language, how to find out exactly where the money from the sale of your dad’s house went under West Virginia law. It assumes you have little or no legal background and walks through the likely steps and […]
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