Full question:
31 years ago my husband named his mother as the beneficiary of a death benefit as all 20 year olds that aren't married do. We married 12 years ago. He has now passed without changing the beneficiary or having a will. Do I have a legal leg to stand on.
- Category: Wills and Estates
- Date:
- State: West Virginia
Answer:
If you married after the Will was executed you are entitled to receive what you would have received if there had been no Will. If no children you receive it all.If you mean there was life insurance with the Mother appointed we do not find a statute in West Virginia on the subject.
West Virginia Statutes
Chapter 42. DESCENT AND DISTRIBUTION
Article 3. PROVISIONS RELATING TO HUSBAND OR WIFE OF DECEDENT
Current through 2017 Regular Session legislation completed April 8, 2017
§ 42-3-7. Entitlement of spouse; premarital will
(a) If a testator's surviving spouse married the testator after the testator executed his or her will, the surviving spouse is entitled to receive, as an intestate share no less than the value of the share of the estate he or she would have received if the testator had died intestate as to that portion of the testator's estate, if any, that neither is devised to a child of the testator who was born before the testator married the surviving spouse and who is not a child of the surviving spouse nor is devised or passes to a descendant of such a child, unless:
(1) It appears from the will or other evidence that the will was made in contemplation of the testator's marriage to the surviving spouse;
(2) The will expresses the intention that it is to be effective notwithstanding any subsequent marriage; or
(3) The testator provided for the spouse by transfer outside the will and the intent that the transfer be in lieu of a testamentary provision is shown by the testator's statements or is reasonably inferred from the amount of the transfer or other evidence.
(2) The will expresses the intention that it is to be effective notwithstanding any subsequent marriage; or
(3) The testator provided for the spouse by transfer outside the will and the intent that the transfer be in lieu of a testamentary provision is shown by the testator's statements or is reasonably inferred from the amount of the transfer or other evidence.
(b) In satisfying the share provided by this section, devises made by the will to the testator's surviving spouse, if any, are applied first, and other devises, other than a devise to a child of the testator who was born before the testator married the surviving spouse and who is not a child of the surviving spouse or a devise or substitute gift to a descendant of such a child, abate.
Cite as W. Va. Code § 42-3-7
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