H. B. 3266
(By Delegates Amores, Fleischauer and Marshall)
[Introduced February 23, 2007; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §42-1-3a of the Code of West Virginia,
1931, as amended, relating to providing for passing of an
intestate estate to an individual designated as beneficiary
under the deceased's life insurance policy.
Be it enacted by the Legislature of West Virginia:
That §42-1-3a of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 1. DESCENT.
§42-1-3a. Share of heirs other than surviving spouse.
Any part of the intestate estate not passing to the decedent's
surviving spouse under section three of this article, or the entire
intestate estate if there is no surviving spouse, passes in the
following order to the individuals designated below who survive the
decedent:
(a) To an individual designated as a beneficiary under the deceased's life insurance policy;
(a) (b) To the decedent's descendants by representation;
(b) (c)
If there is no surviving descendant, to the decedent's
parents equally if both survive, or to the surviving parent;
(c)
(d) (e) If there is no surviving descendant, parent, or
descendant of a parent, but the decedent is survived by one or more
grandparents or descendants of grandparents, half of the estate
passes to the decedent's paternal grandparents equally if both
survive, or to the surviving paternal grandparent, or to the
descendants of the decedent's paternal grandparents or either of
them if both are deceased, the descendants taking by
representation; and the other half passes to the decedent's
maternal relatives in the same manner; but, if there is no
surviving grandparent or descendant of a grandparent on either the
paternal or the maternal side, the entire estate passes to the
decedent's relatives on the other side in the same manner as the
half.
NOTE: The purpose of this bill is to provide for passing of
an intestate estate to an individual designated as beneficiary
under the deceased's life insurance policy.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would
be added.
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