West Virginia Property Deed Laws

UPDATED: Jun 9, 2009

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Jun 9, 2009Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

West Virginia Property Deed Laws

A father deeded property in West Virginia to his 7 children before he passed away. Today, the property is still deeded the same and two of the seven children are passed. One had a will, one did not. This property was not part of that instruments. The deed says no where that it goes to their heirs. Do the heirs of the deceased children have claim to the land, or does it revert to be split by the remaining living children?

Asked on June 9, 2009 under Real Estate Law, Ohio


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

You have a very complicated situation here.  How was it deeded to the 7 children? Joint tenancy or tenants in common?

Generally, joint tenancy means each of the 7 owns the whole and every time one dies, it goes to the rest, who own it in whole.  So, if six die, the seventh has it all. The other six's heirs don't get it.

If it is owned as tenants in common, each owns a portion as indicated. So let's say each own 1/7.  If one of the seven dies, his or her 1/7 will go to his or her heirs, depending on will, trust, and intestate laws.  Some intestate laws (when no will or trust) state that it goes to the next surviving heir, some say it goes to the next set of heirs who are all surviving. This is called per stirpes or per capita.

Try www.attorneypages.com and look for an estate attorney.  Check his or her record at the State of Ohio.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption