When the right to bring action or suit against distributees and legatees on any claim against the decedent shall become barred, the right to enforce such claim against real estate shall also become barred to the extent that such claim could have been collected out of the personal assets of decedent. The provisions of this section shall not apply to liens upon real property acquired or created in the lifetime of decedent, made or created to secure claims due and payable in future installments or at a future date.
W. Va. Code § 44-2-28
When enforcement of lien to secure claim barred
Applied in 2 court decisions — leading case 224 W. Va. 495 - Arnold v. Palmer (2009)
Most recently applied in Elder v. Smith (January 2010)
Official source: West Virginia Legislature. Reproduced from public-domain West Virginia statutes; confirm against the official source for the current text. Not legal advice.