WEST VIRGINIA CODE
WVC 44 - 5 A- 4
§44-5A-4. Designation of testamentary trustee as beneficiary of
insurance.
A policy of life insurance may contain a designation of a
beneficiary, a trustee or trustees named or to be named by will, if
the designation is made in accordance with the provisions of the
policy and the requirements of the insurer. The proceeds of the
insurance shall be paid to the trustee or trustees to be held and
disposed of under the terms of the will as they exist at the death
of the testator; but if no trustee or trustees makes claim to the
proceeds from the insurance company within one year after the death
of the insured, or if satisfactory evidence is furnished the
insurance company within the one-year period showing that no
trustee can qualify to receive the proceeds, payment shall be made
by the insurance company to the executors, administrators or
assigns of the insured, unless otherwise provided by agreement with
the insurance company during the lifetime of the insured. The
proceeds of the insurance as collected by the trustee or trustees
are not subject to debts of the insured or to inheritance tax to
any greater extent than if the proceeds were payable to any other
named beneficiary other than the estate of the insured, and are not
considered as payable to the estate of the insured for any purpose.
The insurance proceeds so held in trust may be commingled with any
other assets which may properly come into the trust as provided in
the will. Enactment of this section does not invalidate previous
life insurance policy designations naming trustees of trusts established by will.
Note: WV Code updated with legislation passed through the 2012 1st Special Session