2009 West Virginia Code
CHAPTER 42. DESCENT AND DISTRIBUTION
ARTICLE 6. UNIFORM DISCLAIMER OF PROPERTY INTERESTS ACT.
§42-6-7 Disclaimer of right of survivorship in jointly held property with right of survivorship.
§42-6-7. Disclaimer of right of survivorship in jointly held
property with right of survivorship.(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.
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