Bill Text: WV HB3050 | 2021 | Regular Session | Introduced
Bill Title: Relating to the intestate share of a decedent’s surviving spouse
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2021-03-10 - To House Judiciary [HB3050 Detail]
Download: West_Virginia-2021-HB3050-Introduced.html
WEST virginia legislature
2021 regular session
Introduced
House Bill 3050
By Delegates Rowe and Fleischauer
[Introduced March 10, 2021;
Referred to the Committee on the Judiciary
A BILL to amend and reenact §42-1-3 of the Code of West Virginia, 1931, as amended, relating to providing that the intestate share of a decedent’s surviving spouse also includes household goods, appliances and equipment, located at or generally associated with use of the last residence of the decedent if the spouse has been in cohabitation with the decedent in the previous 12 months prior to the death of the decedent; and making an exception.
Be it enacted by the Legislature of West Virginia:
ARTICLE 1. DESCENT.
§42-1-3. Share of spouse.
(a) The intestate share of a decedent’s surviving spouse is:
(a) (1) The entire intestate estate if:
(1) (A) No descendant of the decedent survives the
decedent; or
(2) (B) All of the decedent’s surviving
descendants are also descendants of the surviving spouse and there is no other
descendant of the surviving spouse who survives the decedent;
(b) (2) Three fifths of the intestate estate, if
all of the decedent’s surviving descendants are also descendants of the
surviving spouse and the surviving spouse has one or more surviving descendants
who are not descendants of the decedent;
(c) (3) One half of the intestate estate, if one
or more of the decedent’s surviving descendants are not descendants of the
surviving spouse.
(b) The intestate share of a decedent’s surviving spouse also includes household goods, furniture, appliances and equipment, located at or generally associated with use of the last residence of the decedent if the spouse has been in cohabitation with the decedent in the previous 12 months prior to the death of the decedent: Provided, That items received by the decedent from his or her family with sentimental value to the family is part of the intestate share of the decedent’s children.
NOTE: The purpose of this bill is to provide that the intestate share of a decedent’s surviving spouse also includes all household goods, appliances and equipment, located at or generally associated with use of the last residence of the decedent if the spouse has been in cohabitation with the decedent in the previous 12 months prior to the death of the decedent. The bill makes an exception for items of sentimental value.
Strike-throughs indicate language that would be stricken from a heading or the present law, and underscoring indicates new language that would be added.
