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West Virginia Code §11-22-1, provides for exemptions to paying the Transfer Tax Fee. Deeds must specifically state the reason for exemption, otherwise, the Transfer Tax Fee will be charged. Every Deed recorded requires a completed Sales Listing Form to be attached. The Sales Listing Form can be found here.
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.
The anti-lapse statute, W. Va. Code, 41-3-3 [1931], is applicable and operates for the benefit of the appellants, unless, as the statute provides, a "different disposition" be made or required by the will.
Under common law, if a person devised a gift to a devisee and the devisee passed prior to the testator, the gift would ?lapse? or fail, leaving the property to intestacy laws.
Contempt of court; what constitutes contempt; jury trial; presence of defendant.
'W. Va. Code 41-3-3 [1923] provides that the heirs at law of a devisee or legatee who dies before the testator take such property as the joint devisee or legatee would have taken if he had survived the testator, unless a different disposition thereof be made or required by the will.
Declaration of Consideration of Value (This is the monetary amount for which the property is sold. If the property is being transferred without monetary value, it must state in the declaration paragraph 'why' it is exempt from transfer tax.)
Anti-lapse statutes are laws enacted in every state that prevent bequests from lapsing when the intended beneficiary has relatives covered by the statute.