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If one sibling is living in an inherited property and refuses to sell, a partition action can potentially be brought by the other siblings or co-owners of the property in order to force the sale of the property. In general, no one can be forced to own property they don't want, but they can be forced to sell.
In other words, you can disinherit your children but you cannot disinherit your spouse. So what happens in West Virginia if someone dies without a will? 1. The surviving spouse (the spouse who is still alive) gets everything if the deceased spouse (the one who died) has no children.
If the estate has not been settled, yes The executor is the legal owner of the house and does not need the beneficiaries' permission to sell it if they decide that is in the beneficiaries' best interests. They can consider their wishes, but they don't have to, and they don't have to follow them if they do.
You make your disclaimer in writing. Your inheritance disclaimer specifically says that you refuse to accept the assets in question and that this refusal is irrevocable, meaning it can't be changed. You disclaim the assets within nine months of the death of the person you inherited them from.
The West Virginia court concluded in that case by saying: "True in this state as in Virginia the right of survivorship at common law is abolished by statute, but this is not so, if the deed, or as here, the will, expressly limits the estate granted to the survivor.
In all cases resulting in partition or sale the costs of suit shall come from the proceeds of sale.
There two ways to close the estate: (1) final settlement; or (2) waiver of final settlement. Generally, you must close the estate within 5 years of starting the probate process. W. Va.
In West Virginia, if you are married and die without a valid will, what your spouse inherits depends on whether or not you have living descendants. Descendants include children, grandchildren, and great-grandchildren. If you have no living descendants, your spouse will inherit all of your intestate property.