H. B. 2640
(By Delegate Kiss)
[Introduced March 19, 1993; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section three, article one, chapter
forty-two of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to intestate share
of a decedent's surviving spouse when decedent is not
survived by any descendants.
Be it enacted by the Legislature of West Virginia:
That section three, article one, chapter forty-two of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 1. DESCENT.
§42-1-3. Share of spouse.
The intestate share of a decedent's surviving spouse is:
(a) The entire intestate estate if:
(1) No descendant or parent of the decedent survives the
decedent; or
(2) All of the decedent's surviving descendants are also
descendants of the surviving spouse and there is no other
descendant of the surviving spouse who survives the decedent;
(b) Three fourths of the intestate estate, if no descendant
of the decedent survives the decedent, but a parent of the
decedent survives the decedent;
(c) (b) Three fifths of the intestate estate, if all of the
decedent's surviving descendants are also descendants of the
surviving spouse and the surviving spouse has one or more
surviving descendants who are not descendants of the decedent;
(d) (c) One half of the intestate estate, if one or more of
the decedent's surviving descendants are not descendants of the
surviving spouse.
NOTE: The purpose of this bill is to eliminate the rights
of a parent to receive a one-fourth share of a decedent's estate
when the decedent dies without a will, has a surviving spouse and
no descendants of the decedent survive the decedent.