West Virginia Wills And Estate Planning Attorneys
Last updated on February 4, 2026
It is human nature to worry about how your assets and belongings will be disbursed after you pass away, or about how you will be treated if you are no longer able to care for yourself. Are you concerned about who will get what? Do you wonder who will make important financial and health care decisions for you in the event you become incapacitated?
With a firm estate plan in place, you can answer these questions and free yourself about nagging concerns over an uncertain future.
At Bouchillon Crossan & Colburn, our attorneys handle a broad range of estate matters for clients in Huntington, West Virginia. Our attorneys will work with you personally to help you establish all of the estate planning documents you need, including:
- Wills
- Trusts
- Powers of attorney
- Advance health care directives
We are committed to helping our clients achieve the peace of mind that comes with having a comprehensive estate planning strategy in place.
Probate And Estate Administration
Our attorneys can also help you through all aspects of the probate and estate administration process, including the valuation and distribution of estate assets. We represent heirs, beneficiaries, executors, fiduciaries and anyone with interest in an estate in West Virginia.
Frequently Asked Questions
Q: Do I need a will if I don’t have many assets?
A: Yes. A will is not just about money or property, it’s about control and clarity. Even if you have modest assets, a will allows you to name who should receive your belongings, choose an executor to manage your estate, and, if applicable, designate a guardian for minor children. Without a will, West Virginia law determines how your assets are distributed, which may not reflect your wishes or family circumstances.
Q: What happens if I die without a will in West Virginia?
A: If you die without a will, your estate is distributed according to West Virginia’s intestacy laws. These laws dictate who inherits your assets based on family relationships, such as a spouse, children, or other relatives. The court will also appoint an administrator to handle your estate, rather than someone you personally selected. This process can lead to delays, additional costs, and outcomes that may not align with your intentions.
Q: Can I write my own will, or should I hire an attorney?
While it is legally possible to create your own will, do-it-yourself documents often lead to unintended problems, including unclear language, improper execution, or failure to address important issues. An experienced estate planning attorney can ensure your will complies with West Virginia law, reflects your goals, and minimizes the risk of disputes or challenges. Proper legal guidance can help protect your loved ones from unnecessary stress and expense.
Q: Who can serve as an executor of a will in West Virginia?
A: In West Virginia, an executor must generally be at least 18 years old and legally competent. Many people choose a trusted family member, friend, or professional fiduciary. The executor is responsible for managing estate assets, paying debts and taxes, and distributing property according to the will. Selecting the right executor is an important decision, and an attorney can help you understand your options.
Q: What is the difference between a will and a trust?
A: A will outlines how your assets should be distributed after your death and typically must go through probate. A trust, on the other hand, can manage assets during your lifetime and after death and may allow certain assets to pass to beneficiaries without probate. Trusts can also provide added privacy and flexibility. Whether a will, a trust, or both are appropriate depends on your individual circumstances and goals.
Q: What is a power of attorney, and why do I need one?
A power of attorney is a legal document that allows you to designate someone to handle financial or legal matters on your behalf if you are unable to do so. This can include paying bills, managing accounts, or handling real estate transactions. Without a power of attorney, your loved ones may need to seek court approval to act for you, which can be time-consuming and costly.
Q: What is an advance health care directive in West Virginia?
A: An advance health care directive allows you to state your medical wishes in advance and appoint a health care representative to make decisions if you cannot communicate them yourself. In West Virginia, this document can address issues such as life-sustaining treatment and end-of-life care. Having an advance health care directive helps ensure your preferences are respected and reduces uncertainty for your family.
Q: Do I need a trust if I already have a will?
A: Not necessarily, but many people benefit from having both. A will is essential for directing asset distribution, while a trust can offer additional advantages such as avoiding probate for certain assets, managing property if you become incapacitated, and providing more control over when and how beneficiaries receive assets. An estate planning attorney can help determine whether a trust would complement your will based on your goals and family situation.
Get The Legal Help You Need
If you are seeking experienced lawyer for an estate planning or administration matter, we are here for you. Contact our Huntington law offices online or by telephone at 304-521-4636 to arrange your initial consultation.