Among the many bills the House Judiciary Committee discussed Monday, three were specifically referenced for the committee to look over.
These three bills relate to estates administrations as well as ownership of estates and each passed the committee and will be reported to the House without any amendments.
House Bill 2740 would bar a parent from inheriting from a child in certain instances. Currently, a parent who has had his or her parental rights terminated, may still inherit form their child. Further, a child may not inherit from a biological parent who dies interstate after his or her parental rights to said child have been terminated. This bill amends the definition of “parent” by adding a sentence that references the new section which bars a parent from inheriting from or through a child in certain instances.
The bill seeks to bar a parent from inheriting from a child if parental rights are terminated by court order and the parent-child relationship has not been judicially re-established or if the child died before reaching 18 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 for nonsupport, abandonment, abuse, neglect, or other actions or inactions of the parent toward the child. The bill also permits a child to inherit from a barred parent as long as a parent-child relationship does not exist between the child as an adoptee with another person.
House Bill 2746 relates to administration of estates. The purpose of this bill is to allow the county commission to administratively close un-progressed or dormant estates. If the county commission administratively closes an estate, the personal representative is still liable in a civil action to heirs, beneficiaries, or interested parties for property or assets of the decedent or the estate.
House Bill 2759 provides for ancillary administration of West Virginia real estate owned by non-residents by affidavit and without administration. The bill simplifies the procedure by which West Virginia real estate property owned by nonresident decedents is probated.
Other bills passed by the committee are:
House Bill 2809 relates to prohibited acts and penalties in the Hatfield-McCoy Recreation Area. Currently, certain acts are prohibited as they relate to the Hatfield-McCoy Regional Recreation Authority. A person who commits one of the enumerated acts is guilty of a misdemeanor and upon conviction shall be fined not more than $100. Under this bill, people who do not remain within and on a designated and marked trail will be subject to a fine of not less than $1,000. Persons who do not remain within and on a designated and marked trail and cause damage to a landowners property or interfere with a landowners use of the property will be subject to a fine of not less than $2,000.
House Bill 2761 relates to modernizing the self-service storage lien law. West Virginia’s lien law was passed in 2001 and has not been updated since that time. This bill seeks to modernize West Virginia’s self-storage lien law to reflect technological advances and contemporary industry practices. The bill was heavily discussed and four amendments were added to it. Texting was added to the electronic messaging system of the bill, blanket immunity now only applies to someone acting in good faith in the storage unit, and a new subdivision creates additional requirements for the military.
House Bill 2647 is the self-storage limited license act. This bill establishes a limited lines insurance license to allow owners of self-service storage facilities to obtain a license to sell, solicit or offer self-service storage insurance coverage to occupants. The bill requires the insure issuing the self-service storage insurance to appoint a supervising entity to supervise the administration of the program including development of a training program for employees and authorized representatives of the owner who sell, solicit, or offer self-service storage insurance.
House Bill 2815 raises the value of goods or chattels that are taken in a larceny to constitute grand larceny. The purpose of this bill is to increase the monetary value of goods or chattels stolen to be considered grand larceny.
The Judiciary committee will meet again on Wednesday, January 4.
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