By Delegates Beach, Ball, Williams, Kallai, Compton and Everson:
H. C. R. 11--"Requesting the Joint Committee on Government and Finance to make a study regarding protection of widow's rights in assigning her elective share."
Whereas, It is alleged that many widows are not properly advised of their rights regarding their elective share of their deceased husband's property and many have suffered serious financial loss and great emotional stress; and
Whereas, Many spouses are not aware of their elective share rights and how to properly protect them; and
Whereas, All such spouses should be protected from suffering injustices; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to review, examine and study the laws relating to prohibiting a spouse from improperly transferring the other spouse's elective share in the property; and making it impossible or at least very difficult for a spouse to waive his or her elective share in property without him or her having been knowingly and intelligently notified in detail by a purchaser or purchaser's attorney informing him or her as to waft such waiver means; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 1996, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations;and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.