Check out some similar questions!

26241 · Mar 12, 2009, 07:38 PM

My Husbands Grandmother just passed and she had deeded the house and property to one of her daughters, on the deed it states that it includes the house contents. This daughter is refusing to let the other three children have any personal effects. They are not wanting money or valuable items just mementos. I was told that you can not deed personal property just real estate (house and land). Can someone tell me if this is true? My mother-in-law is so upset, her mother just passed and she can't even have anything that was personal of her mother's or her father's (he passed several years ago). Thank you in advance for any help you can offer.

George_1950 · Mar 12, 2009, 07:53 PM

Welcome to AMHD. Your question illustrates the necessity of having an effective estate plan, and the consequences of overlooking certain important details. The law of property ownership varies from state to state, and the answer to your question may involve a study of the case law. What state?

ballengerb1 · Mar 12, 2009, 08:15 PM

Was there a will?

26241 · Mar 12, 2009, 09:05 PM

State of West Virginia.
We thought that there was a will but it still has not been recorded. The daughter has taken all legal papers out of the house. One son was to have the life insurance and my mother-in-law was suppose to have a savings account in her name but all the papers disappeared the day she died.

George_1950 · Mar 12, 2009, 09:58 PM

If there is no will, then any of the children could apply to be administrator of the mother's estate. One duty of the administrator is to marshall estate assets, which would include all of her papers.

I have been unable to locate any West Virginia case law pertaining to transfer of ownership of personal property by deed. An owner should be able to transfer ownerhip of "...my home and all furnishings..." by deed. There are other issues to resolve: was the deed made without undue influence? Was the grantor of sound mind? Was the deed delivered?