Survivorship Property Dispute Resolution

Summary

The users grandmother passed away, leaving a trailer on land that now belongs to the user. The grandmothers daughter, Sandra Elkins, had her name on the trailer title and sold the trailer without the users consent. The user believes he had survivorship rights to the trailer and is seeking advice on whether he is entitled to half of the sale proceeds. The user has consulted with an attorney and is considering applying for legal aid. The trailer is still on the users property and the buyer plans to move it soon. The user has reported trespassing to the local police.

Full Conversation

My grandmother passed leaving her property to survivorship to my father and I . He passed shortly after . My grandmothers daughter put her name on the title to the trailer sitting on my land . The trailer title reads grandmothers name AND the daughters name . She has sold the trailer without consent on my behalf . Would half of the trailer belong to me since I have survivorship? Is she legally allowed to sale it ? Would she have to give myself or my siblings as well half of the amount obtained from the trailer ?
Did your grandmother leave a will specifying the distribution of her assets?
We have not found one . Just the deed stating survivorship
What is the exact wording of the deed? This will help determine the nature of the survivorship and who has rights to the property.
The land is already in my name
What is the location of the property? This will help me provide you with the most accurate information.
Mingo county WV
What is the exact wording on the trailer title? This will help determine the ownership rights. In Kentucky, joint ownership with rights of survivorship means the surviving owner automatically owns the property.
Elma Jones AND Sandra elkins
What is the relationship between Elma Jones and Sandra Elkins?
Mother daughter
What actions have you taken so far regarding this issue?
I spoke with an attorney. He said I had it in the bag . I could just wait for her to file first . But if she sold it then to gire him
What is the current status of the trailer? Has it been sold already or is it still in the process of being sold?
Hire him and he would stop her from selling the trailer
What is the contact information of the attorney you spoke with? It's important to have legal representation in property disputes.
Nathan brown / Williamson WV
The trailer has been sold . Title sign ed by Sandra elkins . The man has disassemble everything waiting on weather to take trailer
What actions has Sandra Elkins taken after selling the trailer?
She says she has a lawyer Morgan and Morgan - Charleston WV
What is the contact information of Morgan and Morgan - Charleston WV?
I texted and asked if she wanted to buy the small amount of land the trailer sat on and I would sign over my half for $*,*. I wanted to be civil and not go to court
What was Sandra Elkins' response to your offer to sell the land?
No she sold the trailer I would not receive a dime
What actions have you taken after learning that the trailer has been sold?
Reaching out to you
What is the contact information of the attorney you spoke with, Nathan Brown in Williamson, WV?
https://www.google.com/search?gs_ssp=eJzj4tVP1zc0TDIvKzZPMTczYLRSNaiwsDAxNU9NtTAzNjCzsExKsTKoSEozNUgyTrJMMkxOSU42TPYSzkssyUjMU0gqyi_PU8hJLK9MLQIAGeMW3w&q=nathan+brown+lawyer&oq=natham+brown+&gs_lcrp=EgZjaHJvbWUqEggBEC4YDRivARjHARi6AhiABDIGCAAQRRg5MhIIARAuGA0YrwEYxwEYugIYgAQyCQgCEAAYDRiABDIPCAMQLhgNGK8BGMcBGIAEMgkIBBAAGA0YgAQyCQgFEAAYDRiABDIJCAYQABgNGIAEMgkIBxAAGA0YgAQyCQgIEAAYDRiABDIJCAkQABgNGIAEMgkIChAAGA0YgAQyCQgLEAAYDRiABDIJCAwQABgNGIAEMgkIDRAuGA0YgATSAQg1Njc2ajBqN6gCALACAA&client=ms-android-americamovil-us-revc&sourceid=chrome-mobile&ie=UTF-*#
Did your father have any surviving spouse or other children? This could affect the distribution of his estate. In Kentucky, if there's no will, the surviving spouse and children usually inherit the property.
He has * total surviving children
Are all four children from the same marriage or are there multiple marriages involved?
* separate
In Kentucky, if a person dies without a will, their property is divided equally among their children. Did your father remarry before his death?
This is in West Virginia
What is the relationship between your father and Sandra Elkins?
Sister brother
Did Sandra Elkins have any legal claim to the trailer or the land it was on before your grandmother's passing?
Just her name on the trailer title
Did Sandra Elkins contribute financially or otherwise to the purchase or upkeep of the trailer?
No . She drove grandmother to pick out the trailer
Did Sandra Elkins provide any financial assistance for the purchase of the trailer?
No . Grandmas Fema money and her life savings
Did Sandra Elkins live in the trailer or contribute to its maintenance or improvements?
No never . My father lived in the trailer with grandmother until she passed the. He passed about 3 months after
Did Sandra Elkins have any written agreement with your grandmother or father about the ownership or sale of the trailer?
Not that I'm aware of . Just the title
Did Sandra Elkins ever reside in the trailer or contribute to its maintenance or improvements?
Never
What is the contact information of the court nearest to Mingo County, WV?
https://www.google.com/search?q=williamson+wv+courthouse&client=ms-android-americamovil-us-revc&sca_esv=*&sxsrf=AM9HkKmoEf--8d3EL0-wm4ftmaPBI64aZw%3A1695922119122&ei=x7cVZYLsBpe_0PEPv5alyAU&oq=williamson+wv+court&gs_lp=EhNtb2JpbGUtZ3dzLXdpei1zZXJwIhN3aWxsaWFtc29uIHd2IGNvdXJ0KgIIADIFEAAYgAQyBRAAGIAEMgUQABiABDIGEAAYFhgeMgYQABgWGB4yBhAAGBYYHjIFECEYoAFItVxQ7iRYrFVwBHgBkAEAmAGfA6AB3yOqAQkwLjcuOC4zLjG4AQHIAQD4AQGoAg_CAgoQABhHGNYEGLADwgIQEC4YigUYxwEYrwEY6gIYJ8ICChAjGIoFGOoCGCfCAgcQIxjqAhgnwgIKEC4YigUY6gIYJ8ICBxAjGIoFGCfCAgQQIxgnwgINEC4YigUYxwEY0QMYJ8ICCBAAGIoFGJECwgILEAAYgAQYsQMYgwHCAhEQLhiABBixAxiDARjHARjRA8ICBxAuGIoFGEPCAgcQABiKBRhDwgIOEC4YgAQYsQMYxwEY0QPCAgoQLhiKBRixAxhDwgINEC4YigUYxwEYrwEYQ8ICDhAuGIoFGMcBGK8BGJECwgILEC4YgAQYxwEYrwHCAg0QLhiKBRjHARivARgnwgILEC4YgwEYsQMYgATCAgsQLhivARjHARiABMICCxAuGIAEGLEDGIMBwgIFEC4YgATiAwQYACBBiAYBkAYF&sclient=mobile-gws-wiz-serp#
Did Sandra Elkins provide any proof of ownership or legal right to sell the trailer? In West Virginia, if a property is jointly owned, all owners must agree to sell.
She never asked for me to agree to sale
Did Sandra Elkins provide any documentation or proof that she had the right to sell the trailer on her own? In Kentucky, all joint owners must agree to sell a property.
I spoke to the man she sold it to . I told him half was mine . He said he had a title and notarized
Did the title of the trailer include the phrase "and" or "or" between your grandmother's name and Sandra Elkins' name? This can affect ownership rights.
And
What actions have you taken after learning that the trailer has been sold?
I asked her to make it right . I wasn't being greedy she sold for $*,* I asked for $*,* to stay out of court
What was her response when you asked for $*,* to stay out of court? In Kentucky, if a property is jointly owned, all owners must agree to sell.
I don't have attorneys fees
What is your current financial situation? Are you able to afford any legal fees if necessary?
I recently was fired
I'm sorry to hear about your job. Have you considered filing for unemployment benefits in Kentucky?
Her response to $*,* was you won't get a dime
What actions have you taken since she refused to give you any part of the sale proceeds?
Speaking to you
What is the current status of the land where the trailer was located?
Owned by myself
What actions are you planning to take regarding the land now that the trailer has been sold?
Building a home eventually
What is the timeline for your home construction and do you have the necessary permits for construction in Mingo County, WV?
10 years
What is your plan for the next immediate steps regarding the legal issue with the trailer?
Should I proceed
What is your financial capacity to hire a lawyer to represent you in this case? In Kentucky, legal aid services are available for those who cannot afford a lawyer.
Recently lost my job
Have you considered applying for unemployment benefits or seeking legal aid services in Kentucky? In Kentucky, legal aid services are available for those who cannot afford a lawyer.
West Virginia
What is your financial capacity to hire a lawyer to represent you in this case in West Virginia? In West Virginia, legal aid services are available for those who cannot afford a lawyer.
I have had an interview at the coal mines . Waiting for a call
What is the status of your employment at the coal mines? Are you currently employed or still waiting for a call?
Waiting to be hired
What is the contact information of the legal aid services in West Virginia?
I don't know
You can contact Legal Aid of West Virginia at *-*-*-* or visit their website at http://www.lawv.net/. They provide free legal services to eligible individuals.
Am I entitled to half of the trailer
Based on the information provided, it seems you may have a claim. However, it's crucial to consult with a local attorney. In West Virginia, joint ownership usually requires consent from all parties for sale.
Ty
What is the contact information of the buyer of the trailer? This could be useful if you decide to pursue legal action. In West Virginia, joint ownership usually requires consent from all parties for sale.
Facebook
What is the name of the buyer who purchased the trailer from Sandra Elkins?
Richard Eldridge
What is the contact information of Richard Eldridge?
Spoke in person on my property
What was the outcome of your conversation with Richard Eldridge?
I did not want conflict . I just asked about the title and told him half belonged to me
What was Richard Eldridge's response when you told him that half of the trailer belonged to you?
No response. He stated Sandra spoke to him that the family was feuding over the trailer
What actions have you taken since your conversation with Richard Eldridge?
You
What is the current status of the land where the trailer was located?
Trailer is still on my land
What actions have you taken to remove the trailer from your land?
The purcher is stating he is moving it this coming week if not before
Did you give Richard Eldridge permission to move the trailer from your land?
No he crossed the no tresspasing gate multiple times .
Did you report the trespassing to local law enforcement? In Kentucky, trespassing can be considered a violation, misdemeanor, or felony depending on the circumstances.
I have . Said I cannot block entrance to the trailer due to her name on the title
What is the contact information of the local law enforcement agency you reported the trespassing to? In Kentucky, trespassing can be a violation, misdemeanor, or felony depending on the circumstances.
West Virginia state Police
West Virginia State police. Williamson WV
What was the response of the West Virginia State Police when you reported the trespassing? In West Virginia, trespassing without permission can lead to criminal charges.
She could access the trailer
Did the police provide any documentation or reference number for your report? In West Virginia, trespassing can lead to criminal charges, especially if it involves property disputes.
No
What actions have you taken since the police told you that Sandra Elkins could access the trailer?
I never stopped her
What actions has Sandra Elkins taken since she sold the trailer?
Cursing me via chat
What was the content of the chat where Sandra Elkins was cursing you?
Screw me I won't get a dime
What actions have you taken since Sandra Elkins sent you that message?
I dont like conflict .
What actions are you planning to take regarding the conflict with Sandra Elkins?
Free legal aid
What is the current status of the trailer? Is it still on your property or has it been moved?
Yes
What is the contact information of the legal aid services in West Virginia?
You sent them to me
What actions are you planning to take next regarding the trailer and the land?

In West Virginia, joint ownership usually requires consent from all parties for sale. Legal Aid of West Virginia can be contacted at *-*-*-* or http://www.lawv.net/.
Legal aid
What is the current status of your application with Legal Aid of West Virginia?

In West Virginia, joint ownership usually requires consent from all parties for sale. Legal Aid of West Virginia can be contacted at *-*-*-* or http://www.lawv.net/.
Not filed
What is the reason for not filing the application with Legal Aid of West Virginia yet?
Speaking to you
Thank you