The minor child reaches age 21 for custodial transfers made by irrevocable lifetime gift, will, or trust, or exercise of power of appointment.West Virginia has a state income tax, structured as a progressive tax on income.
Tax rates range from 2.22% - 4.82%.
West Virginia does not impose an inheritance tax.
West Virginia imposes an estate tax equal to the maximum credit allowed under the federal tax code for paid state estate and inheritance taxes under IRC Sec. 2011. However, the current federal tax code does not permit a credit for paid state estate or inheritance taxes. Therefore, there is no credit estate tax in effect at this time.
West Virginia does not impose a GST Tax.
West Virginia does not impose a gift tax.
The minimum age of a person competent to make a will is 18.
The number of witnesses necessary to execute a will is two.
The original custodial gift may be a life insurance policy or annuity contract.
Custodial property may be invested in or used to pay premiums on (1) a policy on the minor's life if the minor's estate is the sole beneficiary, or (2) a policy on a third party in whom the minor has an insurable interest, if the minor or the custodian is the irrevocable beneficiary.
The custodial arrangement terminates when:
The minor child reaches age 21 for custodial transfers made by irrevocable lifetime gift, will, or trust, or exercise of power of appointment.
The minor child reaches age of majority (generally speaking, age 18) for other custodial transfers.
The minor child dies.
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Each state describes its own distribution pattern of how property passes to a decedent's spouse, children, parents and siblings. If no such individuals are living, state laws specify other takers among more distant ancestors before awarding property to the state through "escheat" provisions. We do not trace devolution of property beyond those noted above, but cite appropriate statutes for those interested in additional detail.
Many states refer to their distribution regime by simply stating that the heirs of predeceased individuals take "by representation." We use only the statutory verbiage, but may cite other statutory guidance when it exists.
States vary in the way they refer to descendants, using such terms as "issue" or simply children or grandchildren. We use the term "descendant," unless usage of different term adds clarity.
Some states address situations where misconduct or abuse causes forfeiture of a right to receive a share of the estate. Those interested in this information should see the state statutes.
The estate goes to the surviving spouse, as follows:
If there are no surviving descendants—100% of the estate
If all surviving descendants are also descendants of the spouse and there is no other surviving descendant of the spouse—100% of the estate
If all surviving descendants are also descendants of the spouse and the spouse has one or more surviving descendants who are not also descendants of the decedent—60% of the estate
If one or more of the surviving descendants are not also descendants of the spouse—50%
If there is no surviving spouse, or if a portion of the estate does not go to the spouse:
100% to surviving descendants by representation (see §42‐1‐3d(b))
If there is no surviving spouse or descendant:
100% to surviving parent or parents equally
If there is no surviving spouse, descendant or parent:
100% to the descendants of the decedent's parents (or either parent) by representation (see §42‐1‐3d(b))
If none of the above:
Intestacy laws outline further distribution steps to the level of grandparents and their descendants. See W. Va. Code §42‐1‐3a(d).
If no legally described recipient can be found, estate assets go to the state of West Virginia.
Click here for more information on intestacy.
Non-qualified Annuities: No exemption.
Life Insurance Cash Value: An unmatured life insurance policy owned by the debtor that insures the debtor or a person to whom the debtor is dependent is exempt up to $8,000.
Life Insurance Proceeds: The interest of the beneficiary (not the owner or insured) in the proceeds and avails is exempt from creditors of the owner or insured (exempt to the extent reasonably necessary for support of the beneficiary and his or her dependents if the beneficiary was a dependent of the insured on the date of death).
Digital Assets: West Virginia follows the West Virginia Uniform Fiduciary Access to Digital Assets Act to ensure that testators can retain control of their digital property and plan for its ultimate disposition.
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