Unsigned Will

5 May 02

History:
1) Aunt E was born in West Virginia in 1914.
2) She received approximately $800 per/yr income from
partial shares of oil wells in Roane County, WV.
3) In early 1994 I brought her to Ohio to live in my home.
4) In late 1994 I had to put her in a nursing home in Ohio.
5) I was given Power of Attorney for her in 1994
6) She died in April, 2002.
7) I was named as administrator and sole heir of her estate in
an unsigned copy of her Roane County, WV will that was
prepared in 1977. The original will is lost.
8) She has no living relatives other than nieces and nephews
living in Ohio, West Virginia and Tennessee.

Questions:
1) What is the probate process I must go through to
eventually get her oil assets?
2) Would it be worth the time I must go through to do so?
3) If I did nothing what would happen to those assets?
Thanks, Don Long

donlong said:

5 May 02

History:
1) Aunt E was born in West Virginia in 1914.
2) She received approximately $800 per/yr income from
partial shares of oil wells in Roane County, WV.
3) In early 1994 I brought her to Ohio to live in my home.
4) In late 1994 I had to put her in a nursing home in Ohio.
5) I was given Power of Attorney for her in 1994
6) She died in April, 2002.
7) I was named as administrator and sole heir of her estate in
an unsigned copy of her Roane County, WV will that was
prepared in 1977. The original will is lost.
8) She has no living relatives other than nieces and nephews
living in Ohio, West Virginia and Tennessee.

Questions:
1) What is the probate process I must go through to
eventually get her oil assets?
2) Would it be worth the time I must go through to do so?
3) If I did nothing what would happen to those assets?
Thanks, Don Long

Click to expand...

My Response:

Unless you can locate the signed Will, an unsigned Will has the same effect as if she died without any Will at all; i.e., she died "intestate." An unsigned Will has no force or effect.

If any of the surviving family members files a Petition for probate, the court will appoint someone in the family as the administrator (usually the person who "files" unless there are objections), and then the court will divide up the assets pursuant to the "Intestate Laws" of your State.

Insofar as "your time" is concerned, only you can answer that question; however, something is better than nothing, and if you're appointed as the Administrator, the court will allow your attorney's fees and Administrator's fees to be paid first from the Estate. Then debts, then divide up the rest.

If you did nothing, and the rest of the family did nothing, then any assets would "Escheat" to the State.

This is very much an oversimplified scenario. I would strongly suggest that you have a consultation with a Probate attorney in the State where she died for specifics.

IAAL