West Virginia Wrongful Death Laws

  • If you die in the state of West Virginia without a will, you are said to have passed away intestacy. West Virginia Intestate Succession laws are in place to distribute your assets to the closest living family members.

    Read the following to understand intestacy laws in West Virginia:

    • If the deceased leaves behind children but no spouse, the children will inherit everything.
    • If the deceased leaves behind a spouse but no descendants, the spouse will inherit everything.
    • If the deceased leaves behind a spouse and descendants from the deceased and the spouse, and the spouse has no other descendants, the spouse will inherit everything.
    • If the deceased leaves behind a spouse and descendants, and the spouse has descendants from another relationship, the spouse inherits 3/5 of the intestate property. The descendants will inherit the other 2/5 of the intestate property.
    • If the deceased leaves behind a spouse and descendants from someone other than the spouse, the spouse inherits 1/2 of the intestate property and the descendants inherit the other 1/2 of the property.
    • If the deceased leaves behind parents but no spouse or descendants, the parents inherit the entire intestate property.
    • If the deceased leaves behind siblings but no spouse, descendants, or parents, the siblings will inherit the entire intestate property.

    To learn more about intestacy laws, visit www.nolo.com.

    If you or someone you know has lost a loved one without a will, contact the lawyers at Meyerson and O’Neill law firm today at 877-373-8059.

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