Bank account in question

What is the name of your state? West Virginia
My step-father passed away. He and my mother had 2 bank CD's one in both names and one in just his name. My step-father did not specify in his will who was to obtain the CD that was in his name only. He and my mother were married over 16 years and now my step-fathers only adult child wants it, even though he was given ample assets in the will. How can I find out who is to obtain the CD under WV Law.

Is Mom still alive?

Yes, she is alive.

Who is the executor of this estate?

This is a question that can only be answered by consulting with a local West Virginia probate attorney who is familar with the very detailed probate law on this situation.

First thing you should do is to check with the financial institution that held the CD's to find out if your stepfather named specific beneficiaries for the CD's. If he didn't, then there is a strong chance that your mother is going to be in a strong position to claim the CD that was in his name only, under the concept of joint tenancy or tenancy in common, where assets are assumed to be jointly owned or owned by a husband and wife, and also West Virginia probate law gives added protection to spouses depending on the length of the marriage. So with your mother being married to him for over 16 years, that puts her in a strong position to be eligible for at least 50% of that asset.

It's hard to see how the stepfathers child would have any valid legal claim to this asset.

DANDY DON ([email protected])