Legal timeline to submit will for probate WV

UPDATED: Oct 1, 2022

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Legal timeline to submit will for probate WV

My father is recently deceased 10/22/18 and has
listed his spouse, myself, and my siblings as
beneficiaries in his will. His spouse does not want to
put the will through probate because I inherit the
cabin shes currently residing in with her new
boyfriend. She owns her own home in California. My
father and I built the cabin long before he met her.
How long does she have to submit the will? Is there
anything I can do to move this along?

Asked on November 11, 2018 under Estate Planning, West Virginia


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

I am so sorry for your loss.  The time limit to submit a WIll to Probate is not what you need to know here.  What you need to know are your rights to force her to submit the Will in to Probate, because it sounds to me like she has no intention of doing that.  Then it is possible that she will inherit more via intestacy in your state. Please seek legal help.  Hire an attorney to send a letter demanding that she file the Probate Petition.  If the attorney has a copy then ask the lawyer about the difficulty of using the copy (there are authentication issues).  Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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