Lakatos v. Estate Of Billotti

509 S.E.2d 594 (W.Va. 1998)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Frank and Carolyn Billotti owned three parcels of real estate. One parcel was owned as tenants in common without the right of survivorship, and two parcels were owned as joint tenants with the right of survivorship. On October 9, 1982, Frank murdered his wife and two daughters. Carolyn died intestate; her only heirs at law were her husband, and her parents, Ps. Frank was convicted of the murders and was sentenced to life in prison without the possibility of parole. He died in prison on November 28, 1996. Shortly after he committed the murders, Frank conveyed without consideration the two properties he held in joint tenancy with his wife to his mother, Rose Ann Billotti, (D). D conveyed the two properties to a straw party, Ellen F. Harner. Contemporaneously, Ellen F. Harner conveyed the property to Frank J. Billotti and Rose Ann Billotti by deed of even date therewith. Ps filed a complaint in circuit court, seeking partition of the three parcels of real estate which were owned by Carolyn Frank Billotti. The request for partition of the property held as tenants in common was granted, and the court ordered the property be sold at public auction. The court denied the request for partition of the two parcels held in joint tenancy. Ds appealed the circuit court's order as it relates to the denial of partition of the properties held in joint tenancy.