What are the rights of a surviving spouse?
In West Virginia, there are certain rights that a surviving spouse has when it comes to inheritance laws. A spouse has the right to receive a portion of the deceased spouse’s estate. This is most often referred to as a “spousal elective share”. This allows a surviving spouse to claim a certain percentage of the deceased spouse’s estate, even if it was not outlined in the will. This amount is typically a third of the estate’s total assets. The surviving spouse may also be able to waive their right to this elective share and instead receive what the deceased spouse listed in their will. This waiver must be done with the help of a lawyer and will need to be executed in a certain way. In West Virginia, the surviving spouse also has the right to exempt certain assets from the will. This allows them to keep certain items that they owned prior to the marriage or even acquired during the marriage as separate assets. These assets do not have to be included in the will’s distribution. Finally, the surviving spouse has the right to challenge the will if they believe that it was created under duress or if it violates laws related to the distribution of assets. A challenge to a will must be made through a court hearing. If the challenge is successful, the will may be amended or set aside and the assets redistributed as required by law.
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