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

Full text of West Virginia West Virginia Code § 42-1-11 — 42-1-11. When a parent may not inherit from a child., with citation guidance and answers to common questions.

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

(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.

Source: official West Virginia text · Last verified 2026-08-27

Frequently Asked Questions About West Virginia § 42-1-11

What does West Virginia Code § 42-1-11 cover?

Section 42-1-11 ("42-1-11. When a parent may not inherit from a child.") is part of the West Virginia Code, the codified statutory law of West Virginia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite West Virginia § 42-1-11?

A common citation format is "West Virginia Code § 42-1-11" (West Virginia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of West Virginia law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the West Virginia official source linked on this page or consult a licensed West Virginia attorney.

How does West Virginia § 42-1-11 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in West Virginia can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in West Virginia.