Estate Question - WV Probate (case in progress)

My father’s will is vague as far as assets to whom and so on. My father remarried after my mother died to my stepmother for a period of 6 years until his death.
• He left my stepmother a Lifetime use of 1 of 2 homes located on the property
• the rest of the property to us
o He had 3 insurance policies, 1 to her and no name on the other 2
o 2 vehicles with his name only on title
o Property with a trailer (which my grandmother had life time rights to use – she has passed on)
o Trailer located in Florida (him AND her on title)
o 401K no name
o Retirement account with her name on it
o 3 Bank accounts ( spouse refuses to show ownership documents on them but has closed them)
o Brokerage account (spouse refuses to show ownership documents)
o Coins
o Guns
o And so on ….>

My brother is the executor of the estate; he told us that he was signing everything over to our stepmother and if we did anything he would make sure that we did not receive anything. Which he did, he has lied about doing so by saying that he bought the vehicles and gave them to her (but in court documents she says she bought them). He has stated that he had appraisals for the property at a certain price and refused to provide documents verifying this. He stated we had to purchase certain property at this price and when we did not he sold it for LESS than 50% what he said it was appraised at. Our stepmother refuses to give access to property that we own personally that is located within the home, along with personal property that was our fathers.
He has signed over insurance policies that my father had, along with one that was from our grandmother estate to our father.
Both have lied on court documents about the probate and non-probate assets for the estate.
My grandmother passed away while this was going on and the heirs had 1st right of refusal to purchase the trailer that was located on the Life Estate, but the executor of that will sold it to our stepmother without asking us (her will stated that our father had first right and if he was deceased it would pass to his children).

At the present we are in litigation but my questions to the board are:
1. Are probate and non-probate assets used to determine the full value of an estate ?
2. Since she has not taken her Elective Share of the estate (the 18% or what the will gave her – life time right use of home) is she entitled to everything or do we have a good case against them for fraud and collusion?
3. Would this also be criminal case?
4. Will we be able to have the sale of all property my brother has done overturned because of this?
5. Is she entitled to any portion of our grandmother’s life insurance policy?

Any remarks about this would be helpful !

Also anyone know a New York lawyer than can come and give these people what they deserve !!

1. Are probate and non-probate assets used to determine the full value of an estate ?

The probate estate only includes assets subject to probate. Not assets which transfer without the need of a probate. However the probate court generally has jurisdiction over the non probate estate assets if issues arrise.

The over-all estate includes all assets owned at death, probated or not.

2. Since she has not taken her Elective Share of the estate (the 18% or what the will gave her – life time right use of home) is she entitled to everything or do we have a good case against them for fraud and collusion?

Such an evaluation would take more time and personal involvement than you can get this board. There is no way to evaluate the many many facts, and certainly when hearing only one side of the story. We can't read the Will, interview witnesses, look at tangible things, etc. We can respond to general legal questions. Most people rely on a lawyer for case evaluation; get a 2nd lawyer opinion if you want.

3. Would this also be criminal case?

Again, we can't tell. If people steal money it is generally a crime. Ask your lawyer to evaluate the facts of your case, and any possible crimes.

4. Will we be able to have the sale of all property my brother has done overturned because of this?

The judge has the power to do this. I have no way of knowing what the judge will do. You get a lawyer, collect evidence and present your case to the judge.

5. Is she entitled to any portion of our grandmother’s life insurance policy?

Generally an insurance policy with no named beneficiary pays to the probate estate.
A case in litigation like yours does not have easy answers. If the answers were easy, no one would bother going to court.


Good luck

HatTrick