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You have a complicated situation. You should discuss it with an attorney who specializes in probate ASAP. You may have a right to take a statutory share against the will. You can read about your right to an elective share under the West Virginia Code at the link below but an attorney would need to review the details and explain your options.

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Q: What are my rights as living spouse in WV when deceased wife has a will stating her deceased former spouse remains in home until he decides to sell and then profit goes to their daughter?
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If a parent dies with a will stating everything goes to his wife but his daughter with his first wife now deceased was left nothing in the will is she entitled to anything by law?

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Deceased has a will stating the surviving spouse remains in home until she decides to sell at which time profit from the sale will go to the son. Deed is in deceased and first wifes name. Legal?

If the husband and first wife owned the property by survivorship then the husband automatically owned the property in his own right when his first wife died. In his will he actually granted his spouse a life estate that will be extinguished when she no longer desires to live in the house and consents to the sale. In that case you will need to obtain her consent IN WRITING to clear the title. You should seek the advice of an attorney in your jurisdiction to determine who is responsible for the financial obligations and maintenance for the home.


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