What rights do my heirs have to my estate?

In West Virginia, your heirs have certain rights to your estate when you pass away. These rights are defined by state law and any instructions you may have defined in your will. These rights can vary depending on the type of estate you have and the specifics of your will. Generally speaking, your heirs are entitled to a “legal share” of your estate, or a portion of your estate that is defined by state law. This legal share is determined by who your heirs are and the type of estate you have. In addition to the legal share, your heirs may also be entitled to any assets or property that you have passed down to them according to the terms of your will. Therefore, if you have left specific instructions in your will for any of your heirs to receive your estate, they will have the right to those assets or property upon your passing. Your heirs may also have the right to challenge the provisions set forth in your will or seek a change in the distribution of your estate. However, they must do so within the provisions of the law, such as demonstrating that the will was created under undue influence or fraud. Finally, your heirs may be entitled to receive a portion of any assets or property that has not been specified in your will. This is known as a “residuary estate” or a “residue” and is distributed to your heirs according to West Virginia law.

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