Legal timeline to submit will for probate WV

My father is recently deceased 10/22/18 and has
listed his spouse, myself, and my siblings as
beneficiaries in his will. His spouse does not want to
put the will through probate because I inherit the
cabin shes currently residing in with her new
boyfriend. She owns her own home in California. My
father and I built the cabin long before he met her.
How long does she have to submit the will? Is there
anything I can do to move this along?

Asked on November 11, 2018 under Estate Planning, West Virginia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

I am so sorry for your loss.  The time limit to submit a WIll to Probate is not what you need to know here.  What you need to know are your rights to force her to submit the Will in to Probate, because it sounds to me like she has no intention of doing that.  Then it is possible that she will inherit more via intestacy in your state. Please seek legal help.  Hire an attorney to send a letter demanding that she file the Probate Petition.  If the attorney has a copy then ask the lawyer about the difficulty of using the copy (there are authentication issues).  Good luck.


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