Legal Question in Wills and Trusts in West Virginia

Wills

My aunt just died she had no living children, her husband died many years ago, and he gave her lifetime rights to the property and home. His will, upon her death, his children were to get the land, and 2 of his daughters were to get 1/3 each on the home. My aunt also owned 1/3 of the home. When she died she willed her part of the home and all her and her deceased husbands belongings to her boyfriend. The property that the home is on was not my aunts, the deceased husbands daughters paid all the taxes on the property. Can they keep the boyfriend from coming on the property to go in the house? There is stuff in that house that I don't think he should have. Black and White photos of my family that no one else has copies of and of people he doesn't know. When my grandparents died, my aunt took all their stuff to her house, I think the family is entitiled to those pictures. He even said they didn't mean any thing to him, but they were his. All of this is going to court. I was just wanting to know if they can keep the boyfriend of the property until it is settled in court?


Asked on 6/10/08, 10:54 am

1 Answer from Attorneys
Thomas Zimmerman Zimmerman Law Office

Re: Wills

This question requires more information. Title to the personal property is the issue. The Executor to the aunt's estate is responsible for preservation of her personal property, sale, payment of debts and distribution to the beneficiaries. The boyfriend has no power or right to take possession of that personal property until and unless he qualifies as Executor. There is the issue of property in the possession of the aunt which she acquired following the death of grandma. Did she inherit it or does she just have possession. Just because it is not fair for a stranger to take property such as photos and the like, it is ownership which controls. If nothing else, it is possible the boyfriend will be willing to give up such property. Still you should act through a lawyer.

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Answered on 6/10/08, 11:09 am


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