§42-3-6. Charging Spouse With Owned Assets and Gifts Received; Liability of Others for Balance of Elective Share
(a) In a proceeding for an elective share, the following are applied first to satisfy the elective-share amount and to reduce or eliminate any contributions due from the decedent's probate estate and recipients of the decedent's reclaimable estate: (1) Amounts included in the augmented estate which pass or have passed to the surviving spouse by […]
§42-3-7. Entitlement of Spouse; Premarital Will
(a) If a testator's surviving spouse married the testator after the testator executed his or her will, the surviving spouse is entitled to receive, as an intestate share no less than the value of the share of the estate he or she would have received if the testator had died intestate as to that portion […]
§42-4-2. Homicide Bars Acquisition of Estate or Insurance Money
(a) A person who has been convicted of feloniously killing another, or of conspiracy in the killing of another, may not take or acquire any money or property, real or personal, or interest in the money or property, from the one killed or conspired against, either by descent and distribution, or by will, or by […]
§42-5-1. No Sufficient Evidence of Survivorship
Where the title to property or the devolution thereof depends upon priority of death and there is no sufficient evidence that the persons have died otherwise than simultaneously, the property of each person shall be disposed of as if he had survived, except as provided otherwise in this article.
§42-5-2. Beneficiaries of Another Person's Disposition of Property
Where two or more beneficiaries are designated to take successively by reason of survivorship under another person's disposition of property and there is no sufficient evidence that these beneficiaries have died otherwise than simultaneously the property thus disposed of shall be divided into as many equal portions as there are successive beneficiaries and these portions […]
§42-5-3. Joint Tenants or Tenants by the Entirety
Where there is no sufficient evidence that two joint tenants or tenants by the entirety have died otherwise than simultaneously the property so held shall be distributed one half as if one had survived and one half as if the other had survived. If there are more than two joint tenants and all of them […]
§42-1-9. Establishment and Recordation of Descent
Where any person having title to an estate of inheritance in real estate within this state has died intestate, or testate, without having devised his real estate, his heirs, or any of them, or any person deriving title from or through such heirs, or any of them, may at any time within twenty years after […]
§42-1-10. Individuals Related to Decedent Through Two Lines
An individual who is related to the decedent through two lines of relationship is entitled to only a single share based on the relationship that would entitle the individual to the larger share.
§42-1-11. When a Parent May Not Inherit From a Child
(a) A parent is barred from inheriting from or through a child of the parent if: (1) The parents parental rights were terminated by court order and the parent-child relationship has not been judicially reestablished; or (2) the child died before reaching 18 years of age and there is clear and convincing evidence that immediately […]
§42-1-12. When a Child May Inherit From a Parent Who Has Been Barred From Inheritance
If a parent is barred from inheriting under the provisions of W.Va. Code §42-1-11, the child may still inherit from or through the barred parent as long as a parent-child relationship does not exist between the child as an adoptee with another person as the adoptees adoptive parent.