My wife has been appointed trustee to her father’s estate.
In view of the that fact no other family member has displayed an interest in keeping up the property as far as taxes or general upkeep, My wife has been solely responsible for these items since her father’s passing.
As I read the will, I understand she has the option of now having the property deed changed over to her name as owner
We’re requesting assistance and guidance in completing the necessary steps in completing this.
The property is in West Virginia.
First, is the property in trust? You mention that your wife is trustee, which sounds like it is in trust, but you also mention she is "trustee to her's father's estate", which suggests that she is the executor (rather than trustee) of his estate. Second, was her father's will probated in NC or WV? This is important because absent a trust, if the will was probated in NC, ancillary probate would need to be completed in WV for that property. If the property is held in trust, it should pass according to the trust terms.
This answer is meant as a public service only and should not be regarded as legal advice. Legal questions are extremely fact driven, so it is imperative that you consult a competent, licensed attorney before taking any action.
The property "goes" according to the will. Offer it to the person who inherits it but understand that they don't have to take it. One option is to sell it and distribute the proceeds according to the will. I would ONLY do any of this with a court order permitting you to do so and after giving notice to everyone. I mean everyone. You have to read the will.
You seem confused as to whether the property is in trust or is being devised according to a will. It makes a big difference. If there is a trust, and your sister is the trustee, she is responsible to use trust funds to care for the property owned by the trust. If it is part of an estate, devised in a will, the terms of the will determine what happens. You need to see a probate attorney to review the documents.
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