Does the augmented estate include assets solely in the wife's name?

Full question:

When a husband of 53 years dies, does the augmented estate include any monetary assets that are listed under the wife's name only?

• Category: Wills and Estates
• Subcategory: Probate
• Date: 04/07/2025
• State: West Virginia

Answer:

The augmented estate includes the total value of the decedent's probate estate and reclaimable estate. According to West Virginia law, the augmented estate consists of:

1. The value of the decedent's probate estate after deducting funeral and administration expenses, homestead exemptions, property exemptions, and enforceable claims.
2. The decedent's reclaimable estate, which includes property not in the probate estate that falls into specific categories, such as:
• Property subject to a general power of appointment held by the decedent alone.
• Property acquired during the marriage, where the decedent contributed to it, held with others except the surviving spouse.
• Transfers made by the decedent during the marriage to others, where the decedent retained enjoyment or income rights, or transfers made within two years before death exceeding ten thousand dollars.
3. The value of property the surviving spouse receives due to the decedent's death, excluding certain exemptions.
4. The value of property owned by the surviving spouse at the decedent's death, minus enforceable claims against that property.

Monetary assets listed solely under the wife's name may not be included in the augmented estate unless they meet the criteria outlined above. For specific situations, it’s advisable to consult a legal professional.