Legal Question in Civil Litigation in West Virginia

willing a share to a relative while still alive

in our 10 member incorporated hunt clubour bylaws state a memmber may will his share as they so desire. do they have to die to do so ? we had a member die and will his share to his wife ,now she wants to turn it over to her son,but we have the option to buy in our bylaws if the member decides to sell their share.


Asked on 5/04/09, 1:26 pm

1 Answer from Attorneys
Denese Dominguez Law Office of Denese Dominguez, LLC

Re: willing a share to a relative while still alive

I would really like to read the by-laws to confirm, but at first blush if the share was willed (a right granted by the by-laws) the new owner is the wife and she receives the share in accordance with the by-laws. Consequently, she cannot sell her share without your consent, but it depends on what the bylaws say about gifting their share while still alive. A member cannot "will" their share because their Will doesn't come into effect until they die, but a gift of the share may be a means to get around the sale requirements. Feel free to contact me if you would like me to read through the by-laws.

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Answered on 5/04/09, 1:42 pm


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