SENATE CONCURRENT RESOLUTION NO. 1
(By Senators Minear, Kimble, Schoonover, Buckalew,
Boley, Sharpe, Jackson, Ross, Dugan, Plymale and White)
Requesting the joint committee on government and finance to make
a study regarding protection of elective shares.
Whereas, Widows and widowers may not be aware of their
rights regarding the elective share of their deceased spouse's
estates; and
Whereas, Many have suffered financial loss and other stress;
and
Whereas, Many spouses do not know how to properly preserve
and protect their entitlements; and
Whereas, All such spouses should be aware of their rights,
how to protect their rights, and know the consequences of the
lack of protection or lack of awareness of their options;
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
elective shares, and to restrict or transfer of property without notice to the spouse; and, be it
Further Resolved, That the joint committee on government and
finance explore procedures for such notice, and any further
necessary protections; and, be it
Further Resolved, That the joint committee on government and
finance report to the regular session of the Legislature, 1997,
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.