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If a person does not have any children, all of the assets pass to the spouse. If the person does not have a spouse or children, the assets pass to the decedent's parents.
If the person is survived by a spouse but no children, the spouse inherits all of the entire probate estate (the property that is not jointly owned with someone else) If the person is survived by children but no spouse, the children inherit the entire probate estate.
Waiver of right to elect; other rights. (a) The right of election of a surviving spouse may be waived, wholly or partially, before or after marriage, by a written contract, agreement, or waiver signed by the surviving spouse.
The Spouse's Share in West Virginia In West Virginia, if you are married and you die without a will, what your spouse gets depends on whether or not you have living descendants -- children, grandchildren, or great-grandchildren. If you don't, then your spouse inherits all of your intestate property.
- A surviving spouse shall be allowed one additional exemption of two thousand dollars ($2,000) for each of the two (2) taxable years which follow the year in which the death of the spouse occurred.
Your estate will pass down in the following order: (1) descendents (children, then grand- children, etc.) related to you by blood; (2) parents; (3) brothers and sisters; (4) grand- parents; (5) other rela- tives.
The Spouse's Share in West Virginia In West Virginia, if you are married and you die without a will, what your spouse gets depends on whether or not you have living descendants -- children, grandchildren, or great-grandchildren. If you don't, then your spouse inherits all of your intestate property.
In West Virginia, if you are married and die without a valid will, what your spouse inherits depends on whether or not you have living descendants. Descendants include children, grandchildren, and great-grandchildren. If you have no living descendants, your spouse will inherit all of your intestate property.