West Virginia Petition to Determine Distribution Rights of the Assets of a Decedent

State:
Multi-State
Control #:
US-02654BG
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Word; 
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This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

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.

WV Specifics In West Virginia, creditors have 60 days from the first publication of the Notice of Administration of the Estate to make any claims (this deadline does not apply to secured debt, such as a mortgage).

Under West Virginia law, the courts are required to divide marital property ing to the principle of "equitable distribution." Note that "equitable" does not necessarily mean "equal." That is, the court is not required to simply divide all property in half, but rather to find a fair distribution.

If you die intestate and are not survived by a spouse, your estate will pass down in the following order: (1) descendents (children, then grandchildren, etc.) related to you by blood; (2) parents; (3) brothers and sisters; (4) grandparents; (5) other relatives.

Equal division of marital property. Except as otherwise provided in this section, upon every judgment of annulment, divorce or separation, the court shall divide the marital property of the parties equally between the parties.

West Virginia law is very clear that in fault-based divorces, the judge shall (must) take adultery into account when making alimony decisions. The judge can adjust the amount or duration of an alimony award when a spouse has committed adultery.

§48-5-202. (a) A divorce may be ordered when the parties have lived separate and apart in separate places of abode without any cohabitation and without interruption for one year. The separation may occur as a result of the voluntary act of one of the parties or the mutual consent of both parties.

West Virginia operates under a principle of equitable distribution, which means the court divides the marital estate in a manner that equitable.

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West Virginia Petition to Determine Distribution Rights of the Assets of a Decedent