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  1. #1
    driyac99 is offline Junior Member
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    Where to start, deceased mother with no will

    What is the name of your state (only U.S. law)? West Virginia

    Okay let me start, my fiances mother was found passed away. We do not know if she has a will, but she has a safety deposit box. I do know from some research that we will need a petition to open safe deposit box for will. We will be getting that done here tomorrow.

    Where to begin though after this, if she does not have a will how will it work? I know that according to the proabte laws or something that she will given 2/3 to her and 1/3 to parents. Due to only the parents and her only child.

    How will this all begin what will we need to do, There is a great deal of money involved but we are not worried about that. Its things such as the house and her car that the family cant stand to be around
    anymore... to many memories..


    Will we need an executer to get into anything if so how do we get one appointed quickly?

    Thanks everyone this is a rough time and I am trying to make it easier on the family by doing the grunt work for them. I do not want them having to do with all of the emotional stuff.
  2. #2
    BlondiePB is offline Senior Member
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    Quote Originally Posted by driyac99 View Post
    What is the name of your state (only U.S. law)? West Virginia

    Okay let me start, my fiances mother was found passed away. We do not know if she has a will, but she has a safety deposit box. I do know from some research that we will need a petition to open safe deposit box for will. We will be getting that done here tomorrow.

    Where to begin though after this, if she does not have a will how will it work? I know that according to the proabte laws or something that she will given 2/3 to her and 1/3 to parents. Due to only the parents and her only child.

    How will this all begin what will we need to do, There is a great deal of money involved but we are not worried about that. Its things such as the house and her car that the family cant stand to be around
    anymore... to many memories..


    Will we need an executer to get into anything if so how do we get one appointed quickly?

    Thanks everyone this is a rough time and I am trying to make it easier on the family by doing the grunt work for them. I do not want them having to do with all of the emotional stuff.
    Someone needs to take an original death certificate to the courthouse & open probate & fill out papers to be Personal Representative (executor). Should a will be found, that can be submitted later. Otherwise, intestate succession is as follows:

    West Virginia Intestate Succession Laws
    If any part of a West Virginia decedent's estate is not effectively disposed of by will, the intestate share will be distributed in the following order and manner:

    1. Surviving spouse. A surviving spouse is generally first in line to get any assets from the intestate estate. However, the amount a surviving spouse is entitled to varies as follows:

    If none of decedent's descendants survive, or all of the decedent's surviving descendants are also descendants of the surviving spouse, the surviving spouse is entitled to the entire intestate estate.
    If all of the decedent's surviving descendants are also descendants of the surviving spouse and the surviving spouse has one or more surviving descendants who are not descendants of the decedent, the surviving spouse gets three-fifths of the intestate estate.
    If one or more of the decedent's surviving descendants are not descendants of the surviving spouse, the surviving spouse gets one-half of the intestate estate.
    2. Heirs other than surviving spouse. Any part of the intestate estate not passing to the surviving spouse as indicated above, or the entire intestate estate if there is no surviving spouse, passes in the following order:

    To the decedent's descendants by representation. In such case, the estate or part thereof is divided into as many equal shares as there are: (i) surviving descendants in the generation nearest to the decedent which contains one or more surviving descendants; and (ii) deceased descendants in the same generation who left surviving descendants, if any. Each surviving descendant in the nearest generation is allocated one share. Any remaining shares are combined and then divided in the same manner among the surviving descendants of the deceased descendants as if the surviving descendants who were allocated a share and their surviving descendants had predeceased the decedent.
    If there is no surviving descendant, to the decedent's parents equally if both survive, or to the surviving parent.
    If there is no surviving descendant or parent, to the descendants of the decedent's parents or either of them by representation.
    If there is no surviving descendant, parent, or descendant of a parent, but the decedent is survived by one or more grandparents or descendants of grandparents, half of the estate passes to the decedent's paternal grandparents equally if both survive, or to the surviving paternal grandparent, or to the descendants of the decedent's paternal grandparents or either of them if both are deceased, the descendants taking by representation. The other half passes to the decedent's maternal relatives in the same manner. If there is no surviving grandparent or descendant of a grandparent on either the paternal or the maternal side, the entire estate passes to the decedent's relatives on the other side in the same manner as the half.
    For purpose of "representation" in items three and four above, the estate or part thereof is divided into as many equal shares as there are: (i) Surviving descendants in the generation nearest the deceased parents or either of them, or the deceased grandparents or either of them, that contains one or more surviving descendants; and (ii) deceased descendants in the same generation who left any surviving descendants. Each surviving descendant in the nearest generation is allocated one share. Any remaining shares are combined and then divided in the same manner among the surviving descendants of the deceased descendants as if the surviving descendants who were allotted a share and their surviving descendants had predeceased the decedent.

    3. State of West Virginia. If there is no taker under any of the above provisions, the intestate estate passes to the state of West Virginia. The proceeds of the sale of any real property go to the general school fund. The proceeds of the sale of any personal property are deposited to the credit of the general revenue fund.

    West Virginia Intestate Succession Law Fun Facts

    Relatives of the half blood inherit the same share they would inherit if they were of the whole blood.
    Relatives of the decedent conceived before the decedent's death but born thereafter inherit as if they had been born in the lifetime of the decedent (provided the new-born lives at least 120 hours after birth).
    Any person who fails to survive the decedent by 120 hours is deemed to have predeceased the decedent for purposes of intestate succession (which means that the person generally doesn't get a share of the decedent's estate). If it cannot be established by clear and convincing evidence that the person who would otherwise be an heir has survived the decedent by 120 hours, it is considered that the person failed to survive for the required period. However, these rules don't apply if the end result is that the state of West Virginia gets the intestate estate.
    West Virginia's intestate succession laws can be found in Chapter 42 of the West Virginia Code.




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