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W. Va. Code § 42-6-7

Disclaimer of right of survivorship in jointly held property with right of survivorship

Known as the Uniform Disclaimer of Property Interests Act

The act spans §§ 42-6-1 to 42-6-9 (19 sections).

Applied in 1 court decision — leading case Daniel v. United National Bank (1998)

Most recently applied in Daniel v. United National Bank (July 1998)

(a) Upon the death of a holder of jointly held property with right of survivorship, a surviving holder may disclaim, in whole or part, the greater of:

(1) A fractional share of the property determined by dividing the number one by the number of joint holders alive immediately before the death of the holder to whose death the disclaimer relates; or

(2) All of the property except that part of the value of the entire interest attributable to the contribution furnished by the disclaimant.

(b) A disclaimer under subsection (a) of this section takes effect as of the death of the holder of jointly held property to whose death the disclaimer relates.

(c) An interest in jointly held property with right of survivorship disclaimed by a surviving holder of the property passes as if the disclaimant predeceased the holder to whose death the disclaimer relates.

Official source: West Virginia Legislature. Reproduced from public-domain West Virginia statutes; confirm against the official source for the current text. Not legal advice.