Inherited Property Transfer Guide

Summary

If you inherit a house in West Virginia, the deed must be transferred to the heir to avoid complications. Executors must follow the wills instructions and cannot change them. The executors physical presence is not always necessary for the deed transfer. Consult a local estate attorney for guidance.

Full Conversation

If you get inherited a house from your parent and u don't get a new deed and it stays in estate what can happen can your eventually lose the house?
Hello Whitney,
If the deed remains in the estate's name, it could complicate legal matters in the future. However, losing the house isn't automatic. Could you please share your location for more specific info?
Wv
Hello Whitney,
In West Virginia:
- The house remains part of the parent's estate until the deed is transferred.
- If estate taxes or debts are unpaid, the property could be at risk.
- Legal complications may arise if the deed isn't transferred to the rightful heir.
I recommend seeking help from a local estate attorney.
So if the house is left to my boyfriend in the will and it states the address and his name then his sister who is the main beneficiary and the executor of the will she can't change it and she can't tell him no he can't get a deed
Hello Whitney,
In West Virginia, if the will clearly states your boyfriend as the heir to the house:
- The executor cannot change the will's stipulations.
- The executor must fulfill their duties, including transferring the deed.
- If she refuses, your boyfriend could seek legal recourse.
I advise consulting a local estate attorney for assistance.
She said she has to put deed in her name and then sign it over to him
Hello Whitney,
In West Virginia:
- The executor typically doesn't need to transfer the deed to their name first.
- The deed should be transferred directly from the estate to the named beneficiary.
- If she takes unnecessary steps, it might create legal complications.
Consulting a local estate attorney is recommended.
Does she have to be there to sign any paperwork when he does the deed
Hello Whitney,
In West Virginia:
- The executor typically needs to sign the deed transfer documents.
- Their physical presence may not be necessary; they can sign in advance.
- An estate attorney can guide you through this process.
Clerk office said she don't need to be there
Hello Whitney,
In West Virginia:
- The clerk's office is correct; physical presence of the executor isn't always necessary for deed transfer.
- They may sign the documents in advance or use electronic signatures.
- Again, an estate attorney can ensure all procedures are followed correctly.
So she doesn't have to be there for him to get a new deed made and she can't tell him no
Hello Whitney,
In West Virginia:
- The executor doesn't have to be present for the deed transfer process.
- She can't deny your boyfriend the right to obtain a new deed if he's named in the will.
- I strongly recommend consulting a local estate attorney to guide you.