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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 141720
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
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Can you answer an estate probate question for a West

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Can you answer an estate probate question for a West Virginia resident?
JA: What documents or supporting evidence do you have?
Customer: My mother passed away without a will. Per WV Code 44-1-14A, a notice was published in her local newspaper, around September 2019. In 2013, a local bank had a judgement against her for a loan that she could not pay (she was in her 80s and in a nursing home). According to WV Code 38-3-18, the judgement against her automatically attaches to her real estate. During the time creditors were supposed to file a claim against her estate, the bank did not. My question is whether WV Code 44-2-5 releases the estate from paying that loan (since the bank did not file a claim against the estate, and even though it is a judgement)?
JA: Since estate law varies from place to place, can you tell me what state this is in?
Customer: West Virginia
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

 

  1. If the judgment attached to her real estate, by operation of the law, then that judgment lien has to be cleared from the real estate before it is sold.
    1. If the judgment was not attached to the real estate, then under the WV Code 44-2-5, they had to make a claim with the estate during the specified time or lose their claim.
  2. However, the fact the judgment lien does attach to the real estate, that judgment needs to be cleared as it is automatically against the property.

 

 

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