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 widow's rights in assigning
her elective share.
Whereas, Karen Sue Nuzum alleges she was not properly
advised of her rights regarding her elective share in her
deceased husband's property and has suffered serious financial,
social and emotional stress as a result; 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 what such waiver
means; 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.