Creating New Deed Fees

Summary

Generally, there are fees associated with creating a new deed, like recording fees or attorney fees, which can be paid in various forms. In West Virginia, a will can be contested for incapacity, undue influence, or fraud. The challenging party must prove their claim in court. If successful, the will may be declared void. An executor can challenge a will on grounds of mental incapacity but must provide substantial evidence. If a will is declared void, the estate is distributed according to state intestacy laws. The probate process generally takes six months to a year for uncomplicated estates. An executor has a fiduciary duty to act in the best interest of the estate and cannot withhold a deed without a valid reason. To transfer a mortgage, the deed usually needs to be in your name. Consult a local attorney for personalized advice.

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If you sign a will in front of two witnesses and u die..can your main beneficiary say this person wasn't in his state of mind and have the will void
Yes, a beneficiary can contest a will on the grounds of mental incapacity. However, they must provide strong evidence to support their claim. The court will then decide based on the presented evidence. Could you please specify your location to provide more specific information?
West Virginia
In West Virginia:
*. A will can be contested for incapacity, undue influence, or fraud.
*. The challenging party must prove their claim in court.
*. If successful, the will may be declared void.
Please contact a local attorney for more specific advice.
Can the executor say this person wasn't in state of mind and have it void
In West Virginia, an executor can challenge a will on grounds of mental incapacity. However, they must provide substantial evidence and convince the court. The final decision lies with the court. Always consult with a local attorney for personalized advice.
What evidence would a executor need to prove that the will was signed by someone not all there
To prove a testator was mentally incapacitated in West Virginia, evidence might include:
*. Medical records from the time the will was signed.
*. Testimony from doctors or mental health professionals.
*. Statements from witnesses who interacted with the testator around that time.
Please consult a local attorney for guidance.
If a will is void what happens
In West Virginia, if a will is declared void:
*. The deceased's estate will be distributed according to state intestacy laws.
*. This usually means the closest relatives will inherit.
*. If no relatives can be found, the state takes the property.
Please consult a local attorney for specific advice.
How long does it take probate to be done
In West Virginia, the probate process generally takes:
*. Six months to a year for uncomplicated estates.
*. It could take longer if there are disputes or complex assets.
*. Remember, this is an estimated time frame. Actual durations may vary.
Consult a local attorney for more details.
Does probate only take long if the executor take their time signing papers
In West Virginia:
*. The probate timeline can be affected by various factors, not just the executor's speed.
*. Disputes, asset complexity, or court backlog can also delay the process.
*. Each situation is unique, consult a local attorney for specifics.
What the shortest time probate has be completed
In West Virginia, the shortest time for probate completion can be approximately 6 months if the estate is straightforward, there are no disputes, and all paperwork is processed promptly. However, each case is unique. Always consult with a local attorney for guidance.
Can the executor take a deed and sign it or keep it from the person who the house goes to
In West Virginia:
*. An executor has a fiduciary duty to act in the best interest of the estate.
*. They are not allowed to withhold a deed without a valid reason.
*. If the executor is not acting as they should, beneficiaries can petition the court for their removal.
*. Always consult a local attorney for specific advice.
So the executor can't tell the beneficiary they can't have the deed
In West Virginia:
*. The executor does not have the authority to prevent a beneficiary from receiving the deed if it is part of the inheritance.
*. If an executor is acting improperly, beneficiaries can petition the court.
*. Consult a local attorney for personalized advice.
Can the executor have the deed sent to their house
In West Virginia:
*. The executor may receive the deed initially as part of their duties.
*. However, they must pass it on to the beneficiary as directed by the will.
*. Misusing their position could lead to legal consequences.
*. Consult with a local attorney for specific guidance.
IV asked my executor to give me the deed and they wont
In West Virginia:
*. If the executor refuses to hand over the deed, you can petition the court.
*. The court can order the executor to perform their duties.
*. If the executor continues to fail, they could be removed.
*. Consult an attorney for guidance.
Do you need the deed to get the loan out of your deceased dad into your name
In West Virginia:
*. To transfer a loan into your name, you may need the deed.
*. The lender will likely require proof of ownership.
*. Consult a local attorney or your lender for specific requirements.
*. This process can be complex, so professional advice is crucial.
Does a loan have to be transferred in your name after you get the deed
In West Virginia:
*. Obtaining a deed does not automatically transfer the loan.
*. The lender must approve any loan assumption.
*. If not approved, you may need to secure a new loan.
*. Consult an attorney or your lender for specifics.
Can you keep a mortgage in your deceased family member name
In West Virginia:
*. Mortgages typically must be paid off or refinanced after the death of the borrower.
*. If payments continue to be made, the lender may not immediately require this.
*. However, they have the right to demand full repayment upon the borrower's death.
*. Consult an attorney or your lender for specifics.
Transfer a mortgage in your name so you need a deed
In West Virginia:
*. Transferring a mortgage typically requires having the deed in your name.
*. The lender's approval is also required.
*. You might need to refinance the loan in your name.
*. Consult an attorney or your lender for specific advice.
Do you have to have the deed in your name to transfer a mortgage
In West Virginia:
*. Yes, to transfer a mortgage, the deed usually needs to be in your name.
*. This shows the lender that you have legal ownership.
*. Each lender's requirements may vary.
*. Always consult with a local attorney or your lender for advice.
So the mortgage can't be transferred to my name till the deed is in my name
That is correct. In West Virginia, you typically need the deed in your name to transfer a mortgage. However, it's always best to check with your lender or consult a local attorney for specific advice. Do you have any other questions about this process?
How long does a mortgage keep in a deceased person name
In West Virginia:
*. A mortgage typically remains in a deceased person's name until it's paid off, refinanced, or the property is sold.
*. If payments continue, the lender may not immediately require change.
*. But, they can demand full repayment at any time after the borrower's death.
*. Consult an attorney or lender for specifics.
Can a mortgage stay in a deceased person's name as long as you are paying it
In West Virginia:
*. If mortgage payments continue, the lender may not immediately require the loan to be paid off or refinanced.
*. However, the lender has the right to demand full repayment upon the borrower's death.
*. It's advisable to consult an attorney or your lender for specific advice.
Refinance a mortgage what's that mean
Refinancing a mortgage in West Virginia means:
*. You replace your existing mortgage with a new one.
*. The new loan typically has different terms, such as a lower interest rate or a different loan duration.
*. This process requires approval from a lender.
Consult a financial advisor for personalized advice.
Can a mortgage not let you refinance a loan
In West Virginia:
*. Yes, a lender can deny a refinance request.
*. Common reasons include low credit score, insufficient income, or high debt-to-income ratio.
*. Each lender has their own criteria.
*. Consult with a lender or a financial advisor for personalized advice.
Will the mortgage give you time to pay off the loan
In West Virginia:
*. Yes, a mortgage typically allows you to repay the loan over many years.
*. If the borrower dies, the lender may require immediate full payment.
*. Some lenders may work out a payment plan.
*. Always consult a local attorney or your lender for advice.
What if mortgage company requires immediate payment in full and your done have the money yet
In West Virginia:
*. If a mortgage company demands full payment and you can't pay, consider negotiating a payment plan.
*. They may also accept a deed in lieu of foreclosure.
*. If you can't reach an agreement, consult a local attorney or financial advisor for guidance.
If a mortgage company requires full payment and you don't have the money yet
In West Virginia:
*. You can try to negotiate a repayment plan with your lender.
*. If unsuccessful, consider options like loan modification or foreclosure alternatives.
*. Always consult with a local attorney or financial advisor for personalized advice.
I inherited a house that has a mortgage on it mortgage wants money paid back in full but I don't have money yet
In West Virginia:
*. If you inherit a house with a mortgage, you may need to pay the loan in full.
*. If unable, consider negotiating a payment plan or refinancing the mortgage.
*. Alternatively, you could sell the property to cover the debt.
*. Always consult with a local attorney or financial advisor for personalized advice.
Do you have to pay loan in full if you inherit a house
In West Virginia:
*. Generally, if you inherit a house with a mortgage, you're not immediately required to pay the loan in full.
*. However, the lender can demand full payment upon the borrower's death.
*. It's advisable to consult an attorney or your lender for specific advice.
So I will have time after I get the deed in my name to pay the mortgage to the house
In West Virginia:
*. Generally, you may have time to pay the mortgage after receiving the deed.
*. Exact timelines depend on your lender's policies.
*. However, the lender can demand full payment upon the borrower's death.
*. Always consult with a local attorney or your lender for advice.
Mr Cooper do they want full payment after death
In West Virginia:
*. It depends on the lender's policy. Some may require full payment upon the borrower's death.
*. Consult with Mr. Cooper or a local attorney for specific advice given your circumstances.
*. Always ensure you understand the terms of the loan agreement.
Can anyone change a will once it is notarized
In West Virginia:
*. A will cannot be changed once the testator (the person who made the will) has passed away.
*. If the testator is alive, they can change their will.
*. Changes must be made according to legal requirements.
*. Consult a local attorney for specifics.
So the executor can not change or mess with the will
Correct. In West Virginia:
*. An executor cannot change the will after the testator's death.
*. Their role is to administer the estate as per the will's instructions.
*. If they fail to do so, they can face legal consequences.
Always consult a local attorney for personalized advice.
If a truck is left to me in a will
In West Virginia:
*. If a will leaves you a truck, you become the legal owner upon the testator's death.
*. The executor should transfer the title to you.
*. If the executor fails to do this, consult a local attorney.
*. Always remember to update your vehicle insurance.
How does executor transfer the truck to you
In West Virginia:
*. The executor should transfer the title by signing the "seller" part of the title.
*. They fill out a Bill of Sale, indicating you as the new owner.
*. They also provide a copy of the death certificate and will.
*. You then take these to the DMV to register the vehicle.
What if there is no title to the truck
In West Virginia:
*. If no title, you can apply for a duplicate at the DMV.
*. You'll need a death certificate and proof of inheritance.
*. The executor may need to assist with this process.
*. Consult your local DMV or an attorney for specific guidance.
Do u have to have the executor to get the truck
In West Virginia:
*. The executor usually facilitates the transfer.
*. If the executor is uncooperative, you can petition the court for assistance.
*. You'll likely need the executor's help to obtain a new title if one doesn't exist.
*. Consult a local attorney for guidance.
Executor is uncooperative how do I get my truck can't I get a new title on my own we with the will
In West Virginia:
*. If the executor is uncooperative, you can petition the court for assistance.
*. You may be able to get a new title with a death certificate and will, but DMV rules vary.
*. Consult your local DMV and an attorney for specific guidance.
Can anyone get a copy of a death certificate
In West Virginia:
*. Immediate family members, legal representatives, or anyone who shows a direct interest can obtain a death certificate.
*. You must apply through the Vital Registration Office.
*. There may be fees and you'll need to provide identification.
*. Consult the Vital Registration Office for specific requirements.
Where is the vital registration office in WV
The Vital Registration Office in West Virginia is located at:

West Virginia Health Statistics Center


Address: * Capitol Street, Room *, Charleston, WV *
Phone:(*) *-*
Website: www.wvdhhr.org/bph/hsc/vital/