reglab/housing_qa huggingface dataset:
WV Code § 42-6-9 (2021)
2021 West Virginia Code|Chapter 42. Descent and Distribution|Article 6. Uniform Disclaimer of Property Interests Act|§42-6-9. Disclaimer of Power of Appointment or Other Power Not Held in Fiduciary Capacity

If a holder disclaims a power of appointment or other power not held in a fiduciary capacity, the following rules apply:(1) If the holder has not exercised the power, the disclaimer takes effect as of the time the instrument creating the power becomes irrevocable.(2) If the holder has exercised the power and the disclaimer is of a power other than a presently exercisable general power of appointment, the disclaimer takes effect immediately after the last exercise of the power.(3) The instrument creating the power is construed as if the power expired when the disclaimer became effective.
WV Code § 42-6-10 (2021)
2021 West Virginia Code|Chapter 42. Descent and Distribution|Article 6. Uniform Disclaimer of Property Interests Act|§42-6-10. Disclaimer by Appointee, Object or Taker in Default of Exercise of Power of Appointment

(a) A disclaimer of an interest in property by an appointee of a power of appointment takes effect as of the time the instrument by which the holder exercises the power becomes irrevocable.(b) A disclaimer of an interest in property by an object or taker in default of an exercise of a power of appointment takes effect as of the time the instrument creating the power becomes irrevocable.
WV Code § 42-6-11 (2021)
2021 West Virginia Code|Chapter 42. Descent and Distribution|Article 6. Uniform Disclaimer of Property Interests Act|§42-6-11. Disclaimer of Power Held in Fiduciary Capacity

(a) If a fiduciary disclaims a power held in a fiduciary capacity which has not been exercised, the disclaimer takes effect as of the time the instrument creating the power becomes irrevocable.(b) If a fiduciary disclaims a power held in a fiduciary capacity which has been exercised, the disclaimer takes effect immediately after the last exercise of the power.(c) A disclaimer under this section is effective as to another fiduciary if the disclaimer so provides and the fiduciary disclaiming has the authority to bind the estate, trust or other person for whom the fiduciary is acting.
WV Code § 42-6-13 (2021)
2021 West Virginia Code|Chapter 42. Descent and Distribution|Article 6. Uniform Disclaimer of Property Interests Act|§42-6-13. When Disclaimer Barred or Limited

(a) A disclaimer is barred by a written waiver of the right to disclaim.(b) A disclaimer of an interest in property is barred if any of the following events occur before the disclaimer becomes effective:(1) The disclaimant accepts the interest sought to be disclaimed;(2) The disclaimant voluntarily assigns, conveys, encumbers, pledges or transfers the interest sought to be disclaimed or contracts to do so; or(3) A judicial sale of the interest sought to be disclaimed occurs.(c) A disclaimer, in whole or part, of the future exercise of a power held in a fiduciary capacity is not barred by its previous exercise.(d) A disclaimer, in whole or part, of the future exercise of a power not held in a fiduciary capacity is not barred by its previous exercise unless the power is exercisable in favor of the disclaimant.(e) A disclaimer of a power over property which is barred by this section is ineffective as a disclaimer: Provided, That a disclaimer of an interest in property which is barred by this section takes effect as a transfer or conveyance of the interest disclaimed to the persons who would have taken the interest under this article had the disclaimer not been barred.
WV Code § 42-6-14 (2021)
2021 West Virginia Code|Chapter 42. Descent and Distribution|Article 6. Uniform Disclaimer of Property Interests Act|§42-6-14. Tax Qualified Disclaimer

Notwithstanding any other provision of this article, if as a result of a disclaimer or transfer the disclaimed or transferred interest is treated pursuant to the provisions of Title 26 of the United States Code, as now or hereafter amended, or any successor statute thereto, and the regulations promulgated thereunder, as never having been transferred to the disclaimant, then the disclaimer or transfer is effective as a disclaimer under this article.
WV Code § 42-6-15 (2021)
2021 West Virginia Code|Chapter 42. Descent and Distribution|Article 6. Uniform Disclaimer of Property Interests Act|§42-6-15. Recording of Disclaimers; Failure to Record

(a) A duly executed and acknowledged original or duplicate of the disclaimer may be recorded with the office of the clerk of county commission having jurisdiction to appoint the personal representative of the decedent, in which the trust is located or the trustee resides, in which the person making the beneficiary designation resides, in which the person obligated to distribute the interest resides or in which any of the property or interest disclaimed is located, as the case may be.(b) If real property or an interest therein is disclaimed, in addition to delivery or filing as provided in section twelve of this article, a fully executed and acknowledged original or duplicate of the disclaimer shall be recorded in the deed books in the office of the clerk of the county commission of the county in which the real property or interest therein disclaimed is located.(c) Failure to record a disclaimer does not affect its validity as between the disclaimant and persons to whom the property interest or power passes by reason of the disclaimer.
WV Code § 42-6-16 (2021)
2021 West Virginia Code|Chapter 42. Descent and Distribution|Article 6. Uniform Disclaimer of Property Interests Act|§42-6-16. Application to Existing Relationships

Except as otherwise provided in section thirteen of this article, an interest in or power over property existing on the effective date of this article as to which the time for delivering, filing or recording a disclaimer under law superseded by this article has not expired may be disclaimed after the effective date of this article.
WV Code § 42-6-17 (2021)
2021 West Virginia Code|Chapter 42. Descent and Distribution|Article 6. Uniform Disclaimer of Property Interests Act|§42-6-17. Uniformity of Application and Construction

In applying and construing this uniform article, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
WV Code § 42-6-18 (2021)
2021 West Virginia Code|Chapter 42. Descent and Distribution|Article 6. Uniform Disclaimer of Property Interests Act|§42-6-18. Severability Clause

If any provision of this article or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this article which can be given effect without the invalid provision or application and, to this end, the provisions of this article are severable.
WV Code § 42-6-19 (2021)
2021 West Virginia Code|Chapter 42. Descent and Distribution|Article 6. Uniform Disclaimer of Property Interests Act|§42-6-19. Effective Date

This article takes effect on July 1, 2002.
WV Code § 43-1-1 (2021)
2021 West Virginia Code|Chapter 43. Dower and Valuation of Life Estates|Article 1. Dower|§43-1-1. Dower and Curtesy Abolished

The estates of dower and curtesy are abolished.
WV Code § 43-1-2 (2021)
2021 West Virginia Code|Chapter 43. Dower and Valuation of Life Estates|Article 1. Dower|§43-1-2. Notice of Conveyance

(a) For purposes of this section, "conveyance" means a dispositive act intended to create a property interest in land and includes the creation of a security interest in real estate.(b) Any married person who conveys an interest in real estate shall notify his or her spouse prior to or within thirty days of the time of the conveyance if the conveyance involves an interest in real estate to which dower would have attached if the conveyance had been made prior to the date of enactment of this statute.(c) A person making a conveyance described in the previous sections shall have the burden of proof to show compliance with this section. Such burden shall be met either by:(1) The signature of the spouse of the conveying party on the conveyance instrument; or(2) Such other forms of competent evidence as are admissible in a court of general jurisdiction in this state under the rules of evidence.(d) When a married person fails to comply with the notification requirements of this section, then in the event of a subsequent divorce within five years of said conveyance, the value of the real estate conveyed, as determined at the time of the conveyance, shall be deemed a part of the conveyancer's marital property for purposes of determining equitable distribution or awards of support, notwithstanding that any consideration for said interest in the real estate may already be included in the marital property.(e) Nothing in this section shall be construed to create a lien or claim against the interest in real estate conveyed in violations of this provision.
WV Code § 43-2-1 (2021)
2021 West Virginia Code|Chapter 43. Dower and Valuation of Life Estates|Article 2. Valuation of Life Estates|§43-2-1. Gross Sum in Payment of Life Estates

When a party as a tenant for life, or in dower, or otherwise, is entitled to the annual interest on a sum of money, or is entitled to the use of any estate, or any part thereof, or of the proceeds arising therefrom by a sale or otherwise, and is willing to accept a gross sum in lieu thereof, or the party liable for such interest, or affected by such claim, has the right to pay a gross sum in lieu thereof, or if a court in any proceeding decrees a gross sum to be paid in lieu thereof, or if it shall be desirable for any purpose to ascertain the value thereof, the sum to be paid or the present value thereof shall be calculated according to the following chart:AgeAnnuityLife EstateRemainder017.1944.96289.03711117.3242.97015.02985217.3073.96921.03079317.2851.96797.03203417.2597.96654.03346517.2316.96497.03503617.2014.96328.03672717.1690.96146.03854817.1346.95954.04046917.0977.95747.042531017.0582.95526.044741117.0162.95291.047091216.9720.95043.049571316.9261.94786.052141416.8796.94526.054741516.8330.94265.057351616.7865.94004.059961716.7398.93743.062571816.6926.93479.065211916.6439.93206.067942016.5932.92922.070782116.5401.92625.073752216.4849.92315.076852316.4270.91991.080092416.3663.91651.083492516.3022.91292.087082616.2348.90915.090852716.1636.90516.094842816.0890.90099.099012916.0109.89661.103393015.9293.89204.107963115.8442.88728.112723215.7555.88231.117693315.6627.87711.122893415.5659.87169.128313515.4645.86601.133993615.3589.86010.139903715.2486.85392.146083815.1333.84747.152533915.0130.84073.159274014.8872.83369.166314114.7556.82632.173684214.6182.81862.181384314.4748.81059.189414414.3255.80223.197774514.1707.79356.206444614.0104.78458.215424713.8449.77532.224684813.6741.76575.234254913.4978.75588.244125013.3158.74568.254325113.1281.73518.264825212.9355.72439.275615312.7380.71333.286675412.5356.70199.298015512.3284.69039.309615612.1163.67851.321495711.8995.66637.333635811.6787.65400.346005911.4545.64145.358556011.2273.62873.371276110.9968.61582.384186210.7622.60268.397326310.5234.58931.410696410.2809.57573.424276510.0348.56195.43805669.7847.54794.45206679.5299.53367.46633689.2709.51917.48083699.0085.50448.49552708.7440.48966.51034718.4785.47480.52520728.2128.45991.54009737.9474.44505.55495747.6815.43016.56984757.4142.41520.58480767.1449.40011.59989776.8735.38491.61509786.6006.36964.63036796.3280.35437.64563806.0577.33923.66077815.7918.32434.67566825.5314.30976.69024835.2765.29549.70451845.0255.28143.71857854.7769.26750.73250864.5327.25383.74617874.2964.24060.75940884.0679.22780.77220893.8473.21545.78455903.6348.20355.79645913.4338.19229.80771923.2479.18188.81812933.0765.17229.82771942.9171.16336.83664952.7660.15490.84510962.6241.14695.85305972.4928.13960.86040982.3696.13270.86730992.2496.12598.874021002.1329.11944.880561012.0180.11301.886991021.9052.10669.893311031.7935.10043.899571041.6743.09376.906241051.5578.08724.912761061.4085.07887.921131071.2279.06876.93124108.9484.05311.94689109.4735.02652.97348
WV Code § 43-2-2 (2021)
2021 West Virginia Code|Chapter 43. Dower and Valuation of Life Estates|Article 2. Valuation of Life Estates|§43-2-2. Rule of Calculation

Calculate the interest at five and six-tenths percent upon the sum to the income of which or upon the value of the property to the use of which the person is entitled. Multiply this interest by the present value of an annuity of $1 as set opposite the person's age in the table and the product is the gross value of the life estate of such person therein.
WV Code § 43-2-3 (2021)
2021 West Virginia Code|Chapter 43. Dower and Valuation of Life Estates|Article 2. Valuation of Life Estates|§43-2-3. Examples

Suppose a person whose age is fifty is tenant for life in the whole of an estate worth $18,000. The annual interest on that sum at five and six-tenths percent is $1,008. The present value of an annuity of $1 at the age of fifty, as appears by the table in the annuity column, is $13.3158, which multiplied by $1,008, the amount of the annual interest, gives $13,422.33 as the gross value of such life estate in the premises or the proceeds thereof.
WV Code § 44-1-1 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 1. Personal Representatives|§44-1-1. Executor Has No Powers Before Qualifying

A person appointed to be the executor of a will shall not have the powers of executor until he or she qualifies by taking an oath and giving bond, unless not required to post bond by 44-1-8 of this code, which shall then be admitted to the records of the clerk of the county in which the will, or an authenticated copy thereof, is admitted to record, except that he or she may provide for the burial of the testator, pay reasonable funeral expenses, and preserve the estate from waste.
WV Code § 44-1-2 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 1. Personal Representatives|§44-1-2. Administration With Will Annexed

If there be no executor appointed by the will, or if all the executors therein named refuse the executorship, or fail when required to give such bond, which shall amount to such refusal, or have died, such court, or clerk thereof during the recess of the regular sessions of such court, may grant administration, with the will annexed, to the person who would have been entitled to administration if there had been no will, and he shall take such oath and give such bond.
WV Code § 44-1-3 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 1. Personal Representatives|§44-1-3. Oath of Executor or Administrator With Will Annexed

The oath of an executor, or of an administrator with the will annexed, shall be in substantially the following form: The writing admitted to record contains the true last will and testament of the deceased, as far as he or she knows or believes, and that he or she will faithfully perform the duties of his or her office to the best of his or her skill and judgment.
WV Code § 44-1-5 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 1. Personal Representatives|§44-1-5. When Curator May Be Appointed; His Duties

The county court, or clerk thereof during the recess of the regular sessions of such court, may appoint a curator of the estate of a decedent, during a contest about his will, or during the infancy or in the absence of an executor, or until administration of the estate be granted, taking from him a bond in a reasonable penalty. The curator shall take care that the estate is not wasted before the qualification of an executor or administrator, or before such estate shall lawfully come into possession of such executor or administrator. He may demand, sue for, recover, and receive all debts due to the decedent, and all his other personal estate, and when there is a will may, or if a will be in contest shall, with respect to any real estate whereof the decedent or testator may have died seized or possessed, exercise such rights as the executor or administrator with the will annexed could exercise, including the collection of any rents and profits of such real estate and the leasing of the same for a term not exceeding the period of the curator’s incumbency. Upon the qualification of an executor or administrator, such curator shall account with the executor or administrator for, and pay over to him such estate as came into such curator’s hands or for which he is liable.
WV Code § 44-1-6 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 1. Personal Representatives|§44-1-6. Bond and Oath; Termination of Grant in Certain Cases

At the time of the grant of administration upon the estate of any intestate, the person to whom it is granted shall, in the county commission or before the clerk granting it, give bond, unless not required to post bond by 44-1-8 of this code, and take an oath in substantially the following form: The deceased has left no will so far as he or she knows, and that he or she will faithfully perform the duties of the office to the best of his or her judgment. If a will of the deceased be afterwards admitted to record, or if, after administration is granted to a creditor or other person than a distributee, any distributee who shall not have before refused shall apply for administration, there may be a grant of probate or administration, after reasonable notice to such creditor or other person theretofore appointed, in like manner as if the former grant had not been made, and such former grant shall thereupon cease.
WV Code § 44-1-7 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 1. Personal Representatives|§44-1-7. Penalty of Bond

(a) Every bond required to be given by an executor or administrator shall be in a penalty equal, at the least, to the full value of the personal estate of the deceased to be administered; and where there is a will which authorizes the executor or administrator to sell real estate, or receive the rents and profits thereof, the bond shall be in a penalty equal, at the least, to the full value both of such personal estate and of such real estate, or of such personal estate and of such rents and profits, as the case may be.(b) If on the filing of the appraisement of the estate it shall appear that the penalty of the bond does not comply as to amount with the foregoing requirements, the county commission in which, or the clerk before whom, such bond was given, shall immediately notify such executor or administrator of such fact and require of him or her a new or additional bond, and the failure of such executor or administrator to give the same within a reasonable time shall be sufficient cause for his or her removal.
WV Code § 44-1-8 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 1. Personal Representatives|§44-1-8. When Executor or Administrator Not to Give Bond; When Surety Not Required

(a) Subject to the provisions of section three, article five of this chapter governing the appointment of a nonresident of this state as an executor, where the will directs that an executor shall not give bond, it shall not be required of him or her, unless at the time the will is admitted to probate or at any time subsequently, on the application of any person interested, and after a hearing, it is required by the county commission that bond ought to be given.(b) No surety shall be required on the bond of the executor if he or she is also the sole beneficiary of the decedent, unless the will directs otherwise, and no surety shall be required on the bond of the administrator if he or she is the sole distributee of the decedent, unless at the time the will is admitted to probate or the administrator is appointed or at any time thereafter, on the application of any person interested, and after a hearing, it is required by the county commission that surety ought to be given.(c) In all such cases where no surety is required of the executor or administrator, the executor or administrator shall nevertheless be liable upon his or her bond upon his or her own personal recognizance in the event of default, failure or misadministration by the executor or administrator.
WV Code § 44-1-9 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 1. Personal Representatives|§44-1-9. Administration De Bonis Non Upon Death, Resignation or Removal of Sole Surviving Executor or Administrator; Executor or Administrator of Executor or Administrator Not Authorized to Administer Estate of First Testator or Intestate

In any estate in which there is a will, on the death, resignation or removal of the sole surviving executor of any such will or of an administrator with the will annexed, administration of the estate of the testator, not already administered, may be granted with the will annexed; and in any estate in which there is no will, on the death, resignation or removal of the administrator of such estate, administration of the estate, not already administered, may be granted, to such person as the court shall find it proper to appoint; and no executor or administrator of an executor or administrator shall have authority as such to administer the estate of the first testator or the first intestate.
WV Code § 44-1-10 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 1. Personal Representatives|§44-1-10. Marriage of Female Representative Does Not Extinguish Authority

Where an unmarried woman who is personal representative, either alone or jointly with another, shall marry, her husband shall not be a personal representative in her right, and such marriage shall not operate as an extinguishment of her authority.