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RobertJDFL, Attorney
Category: Estate Law
Satisfied Customers: 13752
Experience:  Experienced in multiple areas of the law.
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Mom left a will and left property to two children and says

Customer Question

Mom left a will and left property to two children and says in the will that in the event one dies the property shall vest in the survivor of the two. One has now passed, married, separated but not divorced. Does the property go the sibling that is living? This is in West Virginia.
Submitted: 10 months ago.
Category: Estate Law
Expert:  RobertJDFL replied 10 months ago.

Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

Expert:  RobertJDFL replied 10 months ago.

Just to clarify, did the sibling predecease the mother?

Customer: replied 10 months ago.
No the mother died first
Expert:  RobertJDFL replied 10 months ago.

Thank you for clarifying. Since the sibling passed away after the mother, then their share of the property would be distributed in accordance with their Last Will and Testament, or if they did not have one, in accordance with state law where they live.

Only if they predeceased the mother would, per the terms of the mother's Will, the remaining living child inherit all of the property.

If you need clarification about my answer or additional information, please use the SEND or REPLY button to continue our conversation. Your satisfaction is my goal and I am here to help!

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Expert:  RobertJDFL replied 10 months ago.

I'm not sure if you still wanted a phone call - I agreed to call, but then got a notification that payment did not go through and that customer service would contact you to correct it.

In the meantime, happy to continue our conversation here if you have follow-up questions.

Customer: replied 10 months ago.
Got a problem with the credit card will update shortly and get back to you. They have blocked my card Thanks
Expert:  RobertJDFL replied 10 months ago.

Okay, sure. Hopefully customer service can help you sort everything out. I'll be here when you're ready.