Legal Question in Wills and Trusts in West Virginia

Is this will worthless?

My father recently died in a nursing home. My mother is deceased, and he had remarried. His will was revised two years earlier and his thought process was indeed questionable at that time. My father worked all his life, invested, and skimped, and we have no idea how much his net worth totaled. His will leaves all household goods, furniture, personal clothing and effects, a lawn mower and tiller to his wife. She also has the right to live in the family home until her death, and then it falls back to us children. This will identifies each of us 4 children, leaving us a trivial thing, desk, hutch, a gun. The tenth paragraph states ''I give, devise and bequeath all of the rest, residue and remainder of my estate and property, whether real, personal, mixed of whatever kind and wherever situation to my children (naming us all)No where else is there any mention of anything that could be financial worth. Does either of the above mentioned terms, ''personal effects'' and ''Residue and remainder of my estate'' indicate stocks, bonds or accounts? Also, I would assume that any account having her name also would automatically fall to her. Correct? What if it was in his name only? What about a life insurance policy naming my mother as beneficiary?


Asked on 5/24/05, 9:16 am

1 Answer from Attorneys

Thomas Zimmerman Zimmerman Law Office

Re: Is this will worthless?

You should consult a lawyer. Probate assets that have not been bequested or devised fall into the residuary. It could be, however that your father held accounts jointly with his wife, and if that was his intent the accounts could go to her outside of probate.

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Answered on 5/25/05, 4:06 am


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