Estate Planning Attorney in Weirton & Wheeling, WV

Planning Ahead

A basic estate plan is a short list of documents that answer three questions: who receives your property, who can act for you if you cannot, and what medical care you want if you cannot say so yourself.

Wills — who inherits, who serves as executor, and who would care for minor children.
Powers of Attorney — who can handle financial and legal matters if you become unable to.
Living Wills & Medical Powers of Attorney — your wishes about end-of-life care and who can make medical decisions for you.

After a Death: Probate

In West Virginia, estates are administered through the county commission of the county where the person lived, working through the county clerk’s office. An executor or administrator is appointed, notice is given to creditors, assets are gathered and debts paid, and the remaining property is distributed. Many estates are referred to a fiduciary commissioner along the way.

The process is largely paperwork and deadlines, but the deadlines matter, and mistakes can leave an executor personally exposed.

Probate Administration — serving as executor or administrator, and settling an estate.

When Someone Can No Longer Decide

If an adult can no longer make decisions and did not sign a power of attorney, a family member may need to ask the circuit court to appoint a guardian, a conservator, or both. A guardian makes personal and medical decisions; a conservator manages money and property.

Common Questions

What happens if someone in West Virginia dies without a will?

Their property passes under West Virginia’s intestacy laws, which set out who inherits, generally starting with a spouse and children. An administrator is appointed through the county commission to handle the estate.

Where is probate handled in the Northern Panhandle?

Through the county commission and county clerk of the county where the person lived: Hancock County in New Cumberland, Brooke County in Wellsburg, Ohio County in Wheeling, or Marshall County in Moundsville.

Do I need a guardianship if my parent already signed a power of attorney?

Often not. A valid durable power of attorney and medical power of attorney can make a guardianship or conservatorship unnecessary, which is one of the strongest reasons to sign them while you are able.

Meet Your Attorneys

Both of our attorneys were raised in the Northern Panhandle and appear regularly in its courts. We offer phone and video consultations for clients who would rather not make the drive to Weirton.

Tyler Cline → Tejinder Singh →

This page provides general information about West Virginia law and is not legal advice. Consult a licensed attorney about your situation.