Legal Question in Wills and Trusts in West Virginia
legal rights and wills
I have been living with a married/seperated man for 4 years.
He has just been diagnosed with terminal cancer. I dont want a lot,just enough to start over. He has signed his truck over to me and put my name on his checking account. He has a will that he typed on the computer that says I get $10,000 of his life insurance. His adult daughter will get the house and the rest of the money, whick is the way I asked for him to do it. I want to make sure I get the contents of the house and barn we live in since I either got rid of or moved most of my things here with me when I moved in. I would also like 3 months to stay here until I can get myself together. Does he need to put this in the will or does it become automatic sice this is my home? How long do I have legaly to vacate after his death? Does the wife and daughter have to go by the will if it is noterized? Thanks!
1 Answer from Attorneys
Re: legal rights and wills
He must see a lawyer to allow review of all of these matters. The contract with the bank and life insurance company may control disposition at his death and must be reviewed to conform with his wishes. Generally speaking, a type written will must be executed with formality, including witnesses. It is very risky to attempt this kind of planning without professional advice. Depending on the degree of knowledge he has of these matters, this kind of planning without a lawyer could be foolish.
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