Introduced Version
House Concurrent Resolution 11 History
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Key: Green = existing Code. Red = new code to be enacted
By Delegates Beach, Ball, Williams, Kallai, Compton and Everson:
H. C. R. 11--"Requesting the Joint Committee on Government and
Finance to make a study regarding protection of widow's rights in
assigning her elective share."
Whereas, It is alleged that many widows are not properly
advised of their rights regarding their elective share of their
deceased husband's property and many have suffered serious
financial loss and great emotional stress; and
Whereas, Many spouses are not aware of their elective share
rights and how to properly protect them; and
Whereas, All such spouses should be protected from suffering
injustices; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to review, examine and study the laws relating to
prohibiting a spouse from improperly transferring the other
spouse's elective share in the property; and making it impossible
or at least very difficult for a spouse to waive his or her
elective share in property without him or her having been knowingly
and intelligently notified in detail by a purchaser or purchaser's
attorney informing him or her as to waft such waiver means; and, be
it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 1996, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.