West Virginia State Laws on Spouse Inheritance

West Virginia gives spouses an elective share.

Couples in West Virginia gain specific rights to the other spouse's property upon marriage. Spouses in West Virginia have the right to inherit property from their deceased spouse's estate. Talk to a West Virginia attorney if you need legal advice about state inheritance provisions and your rights to inherit from your spouse.

Wills

When your spouse writes a last will and testament, she usually includes you as a beneficiary, though there is no requirement she do so. West Virginia allows anyone 18 or older who is of sound mind to write a will. This person, called a testator if male or testatrix if female, can choose to give property to whomever she pleases. However, a spouse cannot disinherit the other spouse completely, though she can disinherit children or anyone else.

Elective Shares

A spouse has the right to inherit part of her spouse's estate property whether or not he included her in his last will and testament. West Virginia allows the spouse to receive a portion of the estate based on the length of time the couple was married, according to West Virginia Code section 42-3-1. This ranges from 3 percent of the estate, if the couple was married for between one and two years, to 50 percent for a spouse who was married for 15 or more years.

Intestacy

If a spouse dies without a will in West Virginia, the widow will stand to inherit all or part of his estate. West Virginia Code section 42-1-3 sets out the state's intestate succession rules. An intestate estate is one where the decedent didn't leave a will, or the will he left was determined to be invalid. In West Virginia, a spouse inherits the entire intestate estate if the couple didn't have any children or if all the children are children of both spouses.

Waiver

While spouses have the right to choose to take their elective share from an estate, that share can be waived by the recipient spouse. Couples in West Virginia can enter into prenuptial agreements. These agreements can include a provision that the spouses will waive their elective shares. Though there is no requirement that spouses agree to do this, or that couples enter into a prenup, some couples make these provisions a part of their prenuptial agreements.

References

• West Viriginia Legislature: West Virginia Code section 42-3-1
• West Viriginia Legislature: West Virginia Code section 42-1-3