(a) A parent is barred from inheriting from or through a child of the parent if: (1) The parents 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 childs 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.
Structure West Virginia Code
Chapter 42. Descent and Distribution
§42-1-3a. Share of Heirs Other Than Surviving Spouse
§42-1-3b. Requirement That Heir Survive Decedent for One Hundred Twenty Hours
§42-1-3e. Kindred of Half Blood
§42-1-5. From Whom Children Born Out of Wedlock Inherit
§42-1-6. Legitimation by Marriage
§42-1-7. Issue Legitimate Though Marriage Null
§42-1-8. Posthumous Children to Take
§42-1-9. Establishment and Recordation of Descent
§42-1-10. Individuals Related to Decedent Through Two Lines
§42-1-11. When a Parent May Not Inherit From a Child
§42-1-12. When a Child May Inherit From a Parent Who Has Been Barred From Inheritance