Legal Question in Wills and Trusts in West Virginia

Re: Wills

Unless you specify otherwise, the descendants of a deceased child will take the share of the parent. The surviving spouse is not an descendant. If your child should die after your death the child's estate becomes the beneficiary. A surviving spouse is a beneficiary of the estate unless there is a will that specifies otherwise. In some circumstances, the surviving spouse, who is left out of a will, could renounce the will and take the marital share as it is defined and calculated in the West Virginia Code. The best way to structure your estate distribution is to consult a lawyer and disclose all of your concerns and intentions. He or she should be able to put together a will with conditions to accommodate your intent.