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.