Common Areas of Dispute in West Virginia Estate Litigation
When a loved one passes, families hope for a smooth process of honoring their wishes and distributing assets. Unfortunately, disagreements over an estate are common and often lead to litigation in West Virginia courts.
At The Skeen Firm, we help clients navigate these disputes with clarity and care. Understanding the most frequent problem areas can prepare you for what to expect.
1. Will Contests
In West Virginia, wills can be challenged for several reasons:
Lack of testamentary capacity – Arguing the decedent did not understand what they were signing.
Undue influence – Claiming someone pressured or manipulated the decedent.
Improper execution – If the will fails to meet West Virginia’s legal formalities.
2. Executor or Personal Representative Misconduct
West Virginia law requires executors (also called personal representatives) to act in the best interests of the estate. If they misuse assets, delay administration, or act unfairly toward beneficiaries, litigation may be required to remove or hold them accountable.
3. Trust Disputes
Trusts often aim to simplify administration, but disagreements can still arise over trustee decisions, distributions, or allegations of mismanagement.
4. Disputes Over Non-Probate Assets
Many estate fights in West Virginia center on life insurance, joint accounts, or retirement benefits. Conflicts may arise if beneficiary designations were changed late in life or are unclear.
5. Creditor Claims and Debt Issues
Heirs may object when creditors attempt to collect from the estate, particularly if the debt seems invalid or overstated. Resolving these disputes requires careful knowledge of West Virginia probate law.
6. Property and Family Business Conflicts
West Virginia estates often include family-owned land, farms, or small businesses. Disputes can arise over valuation, division, or buy-out rights, making these some of the most challenging estate litigation issues.
Navigating Estate Litigation in West Virginia
Estate disputes can quickly escalate, causing financial strain and family division. Having a knowledgeable West Virginia estate litigation attorney by your side can protect your interests and bring resolution.
Download our West Virginia Estate Planning Guide - HERE
At The Skeen Firm, we represent executors, heirs, trustees, and beneficiaries across West Virginia. Contact us today to discuss your case and protect your family’s legacy.
*Disclaimer: The advice provided is for informational purposes and is not intended as legal advice. It should not be relied on, nor construed as creating an attorney-client relationship.