Is the surviving spouse always the first to inherit from an intestate estate?

In West Virginia, the surviving spouse is generally the first to inherit from an intestate estate. Intestate succession laws in West Virginia outline the order of precedence in which beneficiaries may inherit when a person dies without a will. Generally, the surviving spouse inherits the entire estate if there are no children or grandchildren from a previous marriage. If there are children from a previous marriage, then the surviving spouse will typically receive one-third of the estate. The remaining two-thirds will go to the deceased’s children from a previous marriage. In certain situations, such as when the deceased’s children are minors or if there are no living relatives, the State of West Virginia will take control of the deceased’s estate. In this case, the estate will become part of the State’s unclaimed property fund and will be disbursed to the appropriate legal heirs. In conclusion, the surviving spouse in West Virginia is usually the first to inherit from an intestate estate, although this may vary depending on the individual’s circumstances. It is always recommended to consult a qualified lawyer when dealing with intestate succession laws in order to ensure that the estate is handled properly and that all legal heirs receive their rightful inheritance.

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Is the surviving spouse always the first to inherit from an intestate estate?

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