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In other words, you can disinherit your children but you cannot disinherit your spouse. So what happens in West Virginia if someone dies without a will? 1. The surviving spouse (the spouse who is still alive) gets everything if the deceased spouse (the one who died) has no children.
§42-1-3. (c) One half of the intestate estate, if one or more of the decedent's surviving descendants are not descendants of the surviving spouse.
If you die without a will in West Virginia, your children will receive an "intestate share" of your property. The size of each child's share depends on how many children you have, whether or not you are married, and whether you or your spouse have children from another relationship.
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.
ARTICLE 3B. TRESPASS. ? Upon a first trespassing conviction pursuant to subsection (a) of this section, the person is guilty of a misdemeanor and shall be fined not less than $100 nor more than $500.