Guides
West Virginia probate articles
- How Do You Make a Valid Will In West Virginia?
2021-04-23
A valid will under West Virginia law must be: In writing; Signed by the testator Properly attested and subscribed by two witnesses. The requirements to make a valid West Virginia will are found at WV Code § 41-1-3 . Who Can Make a Va…
- Is a Conveyance of a Beneficial Interest of a Trust With a Spendthrift Clause Void or Voidable?
2024-03-03
A standard revocable trust is a trust that is fully revocable and changeable during the lifetime of the settlor. A typical revocable trust has provision for the death of the settlor. If the trust is going to continue on for the benefit of b…
- Small Estates In West Virginia: July 2021 Update
2021-10-07
A West Virginia law in effect since July 1, 2021, simplifies the process for small estates in West Virginia by creating the West Virginia Small Estate Act which allows for administration of certain small estates by affidavit and without app…
- Surviving Spouse Rights West Virginia
2019-11-05
A surviving spouse in West Virginia has important rights and protections under West Virginia law, including: Intestate Share Elective Share It is critical for a West Virginia widow to educate themselves about what they are entitled to from …
- West Virginia Prevents Child From Inheriting From Deceased Parent Where Parental Rights Terminated
2020-02-04
What happens in West Virginia to an inheritance from a parent to a child when the parent has had his parental rights terminated? The recent West Virginia Supreme Court case of Hall v. Hall , 241 W. Va. 12, 818 S.E.2d 838 (2018), holds that …
- West Virginia Supreme Court Of Appeals: Non-Attorney Executor Cannot Represent Estate In Court Proceedings
2020-05-27
A non-attorney executor of a West Virginia estate cannot represent the estate in court proceedings. In A May 2020 opinion, Gomez v. Smith , the West Virginia Supreme Court of Appeals held that a non-attorney executor who purports to represe…
- Who Are Next Of Kin In West Virginia?
2020-10-26
The term “next of kin” in West Virginia is used synonymously with the term “heirs,” which means “persons, including the surviving spouse and the state, who are entitled under the statutes of intestate succession to the property of a deceden…