West Virginia § 42-1-11 When a parent may not inherit from a child

West Virginia Statutes

§ 42-1-11 — When a parent may not inherit from a child

West Virginia § 42-1-11

Ch. 42DESCENT AND DISTRIBUTION

Art. 1DESCENT

This text of West Virginia § 42-1-11 (When a parent may not inherit from a child) is published on Counsel Stack Legal Research, covering West Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

W. Va. Code § 42-1-11 (2026).

Text

(a)A parent is barred from inheriting from or through a child of the parent if:

(1)The parent’s parental rights were terminated by court order and the parent-child relationship has not been judicially reestablished; or (2) the child died before reaching 18 years of age and there is clear and convincing evidence that immediately before the child’s death the parental rights of the parent could have been terminated under the law of this state other than this article on the basis of nonsupport, abandonment, abuse, neglect, or other actions or inactions of the parent toward the child.

(b)For the purpose of intestate succession from or through the deceased child, a parent who is barred from inheriting under this section is treated as if the parent predeceased the child.

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(a) A parent is barred from inheriting from or through a child of the parent if: (1) The parent’s parental rights were terminated by court order and the parent-child relationship has not been judicially reestablished; or (2) the child died before reaching 18 years of age and there is clear and convincing evidence that immediately before the child’s death the parental rights of the parent could have been terminated under the law of this state other than this article on the basis of nonsupport, abandonment, abuse, neglect, or other actions or inactions of the parent toward the child.

(b) For the purpose of intestate succession from or through the deceased child, a parent who is barred from inheriting under this section is treated as if the parent predeceased the child.