West Virginia — Can a Prenuptial Agreement Affect a Life Estate or My Inheritance?
How a Prenuptial Agreement Can Affect Life Estate Provisions and Your Share of an Estate in West Virginia Disclaimer: This is educational information only and is not legal advice. Consult a licensed West Virginia attorney about your particular situation. Short answer Yes. A valid prenuptial (premarital) agreement can change what a surviving spouse may receive […]
Read article →How to Verify an Executor’s Calculation of Your Share from a Sibling’s House Sale — West Virginia
How to Verify an Executor’s Calculation of Your Share from a Sibling’s House Sale in West Virginia Disclaimer: I am not an attorney. This is general information about West Virginia probate and not legal advice. If you need legal advice for your situation, consult a licensed West Virginia attorney. Detailed answer — what you can […]
Read article →Selling a Deceased Relative's House During Probate in West Virginia
Detailed Answer Short answer: Usually yes — but only if you follow West Virginia probate procedures and address the mortgage. You generally cannot transfer clear title or close a sale without either paying off the mortgage or arranging for the buyer to assume or refinance the loan, and in most cases the probate court must […]
Read article →West Virginia: Selling a Deceased Parent’s House — Do You Have to Publish a 3‑Month Notice to Creditors?
Detailed Answer Short answer: In West Virginia you generally cannot rely on the typical “small estate” affidavit process to transfer or sell real estate, and you usually must obtain authority through probate (or another recorded ownership mechanism) before you can lawfully sell your mother’s house. Formal probate or a court order normally triggers the creditor-notice […]
Read article →Proving the Value of a Decedent's Vehicle in West Virginia Probate
Overview This article explains practical ways to prove the value of a decedent’s vehicles when administering an estate in West Virginia. It covers what evidence probate courts commonly accept, how to gather and document value, and when you may need a professional appraisal. This is educational information only and not legal advice. Disclaimer: I am […]
Read article →Proving a Deceased Parent’s Vehicle Value in West Virginia Probate
How to Prove the Value of a Deceased Relative’s Vehicles During Probate in West Virginia Short answer: Gather objective evidence of each vehicle’s fair market value (titles, mileage, repair records, photos, and comparable sales), obtain one or more written appraisals or dealer offers when needed, and file the evidence with the probate court as part […]
Read article →West Virginia: How to Be Appointed as a Limited Personal Representative in a Small Estate (Creditors’ Notice & Selling Real Property)
Step-by-step guide to appointment as a limited personal representative in a West Virginia small estate (notice to creditors & selling real property) Detailed Answer This answer explains the typical steps you must take to be appointed as a limited personal representative in West Virginia so you can publish a notice to creditors and sell real […]
Read article →How to Prove a Zero Balance and Close a Spouse’s Estate in West Virginia
Proving a Zero Balance and Closing a Spouse’s Estate in West Virginia: FAQ Short answer: If your spouse’s estate truly has no assets and no outstanding claims, you can usually close the estate by either using a small-estate procedure (if available) or by filing a final accounting / petition for discharge with the West Virginia […]
Read article →West Virginia: Can You Use a Small Estate Affidavit Instead of Probate for an Intestate Estate?
Can you use a small estate affidavit instead of formal probate for an intestate estate in West Virginia? Short answer: Possibly — but only if West Virginia’s small‑estate requirements are met. If the decedent left no will (intestate), and the estate’s assets fall within the statutory small‑estate limits and otherwise qualify, a small‑estate affidavit or […]
Read article →Opening Probate in West Virginia for an Out‑of‑State Relative
Opening Probate in West Virginia When You Live Out of State Disclaimer: This is general information, not legal advice. I am not a lawyer. For help specific to your situation, consult a West Virginia probate attorney or the county circuit court clerk. Detailed answer — step‑by‑step guidance under West Virginia law When a person dies […]
Read article →