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West Virginia Questions & Answers
1 Answer | Asked in Estate Planning and Probate for West Virginia on
Q: If you're incarcerated can you still keep your inheritance that you inherited in the will
Anthony M. Avery
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Anthony M. Avery
answered on Dec 19, 2022

Being in prison does not forfeit your rights of inheritance. But it is difficult to get what is yours. Hire a competent lawyer to assert your claims, and be cognizant of Exemption Rights if there are claims against you. The lawyer can hold your money in trust until you get out on Parole.

1 Answer | Asked in Car Accidents for West Virginia on
Q: I was at a stop sign behind a city dump truck driver. He backed into my car. Possibly totaled. What do I do?

I arrived behind a city dirt dump truck at a stop sign. He seen people he knew in the parking lot beside him and decided to change course. He put his truck in reverse and slammed into me. I'm missing multiple days of work, as well as having to pay 3$ a day rental fee, and I just bought my car... Read more »

Tim Akpinar
Tim Akpinar
answered on Dec 17, 2022

A West Virginia attorney could advise best, but your question remains open for two weeks. One option is to file a claim or lawsuit. Until you're able to consult with a local attorney, keep in mind that as a general matter nationwide, there could be short deadlines for bringing claims against... Read more »

1 Answer | Asked in Bankruptcy for West Virginia on
Q: If a cram down in paid in full during a Chapter 13, is the loan considered paid upon a dismissal of Chapter 13?

In my Chapter 13 I had a cram down on one of my vehicles. While in the plan, the amount agreed to was paid in full. About a year later, I voluntarily dismissed my Chapter 13 and wanted to know where that vehicle stands as far as being paid off or not.

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Nov 15, 2022

In a Ch. 13 proceeding, an Order of general discharge is entered upon completion of the confirmed Plan. If you dismissed before that time, no Discharge of debt was entered. As a result, upon dismissal, you were returned to the position you were in immediately prior to the filing of the... Read more »

1 Answer | Asked in Probate for West Virginia on
Q: I am from WV. My dad died recently. I need to know if everyone that dies has to be probated?
Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Oct 6, 2022

The purpose of probate is to retitle assets owned by a deceased person. If a person dies owning nothing, then no probate is required (with vary rare exceptions). This may sound impossible to you, but actually it is surprisingly common.

A perfect example is the person who engaged in...
Read more »

1 Answer | Asked in Personal Injury for West Virginia on
Q: I need someone to help me with pursuing a mental anguish case that I can prove was 100% malice intent and also mental an
Tim Akpinar
Tim Akpinar
answered on Sep 25, 2022

A West Virginia attorney could advise best but your question remains open for four weeks. If you're seeking an attorney, it's going to be difficult for law firms here to reach out to you. This forum is more Q & A format than an attorney referral service. There's a tab above you... Read more »

2 Answers | Asked in Bankruptcy, Banking and Collections for West Virginia on
Q: What do I do if the lawyer office garnishing my bank won’t respond?

So basically I owe a psych ward a ton of money. I was sued for it. And now they are garnishing my entire bank account. I have been trying to get ahold of the lawyer company to hopefully negotiate to stop the garnishment but they won’t return my calls and their automated emails just tell me to... Read more »

Timothy Denison
Timothy Denison
answered on Sep 20, 2022

Get all of your money out of the bank and keep it out until you hire a lawyer and get this problem settled.

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2 Answers | Asked in Contracts and Employment Law for West Virginia on
Q: How legally binding is a non-compete clause if a client wants to continue services after terminating your contract?

I am a Licensed Professional Counselor working as an Independent Contractor for a small private practice. I am planning on starting my own practice in the near future and have a handful of long-term clients that the current practice will not be able to absorb. If the clients want to continue... Read more »

Kasim Carbide
Kasim Carbide
answered on Sep 20, 2022

The answer to your questions will depend on (1) what West Virginia courts consider enforceable non-competition provisions, (2) the specific facts and circumstances of your case, and (3) the language of the non-compete as well as any other restrictive covenants (clauses that forbid you from doing... Read more »

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1 Answer | Asked in Consumer Law for West Virginia on
Q: and I wanted to no about a class action lawsuit if it had been settled Noe vs city national bank

You can find it on the internet. Just put Noe vs city national bank of wv

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Sep 17, 2022

Court records in most states are generally public unless sealed. You can likely put in a public records request.

1 Answer | Asked in Insurance Bad Faith, Personal Injury, Antitrust and Collections for West Virginia on
Q: I need pointed in right direction for mental anguish claim
Randy Bryan Ligh
Randy Bryan Ligh
answered on Sep 2, 2022

The right direction is to contact a personal injury lawyer in your area, set up a consultation, specifically discuss the specifics of your situation and determine your options. Good luck.

1 Answer | Asked in Probate for West Virginia on
Q: Father died 4 yrs ago in Oct. in WV. Will left the 3 kids a small house ($15,000 +). The will was filed but probate

papers never filed. Can the house be sold?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Aug 25, 2022

Have a WV attorney search the Title, determine Heriship, and draft/record an Affidavit of Heirship as a source of Title. Those owners should be able to sell the home. If minors, the Court will have to approve the conveyance. Someone has to pay the taxes and any secured debt, or the home will be... Read more »

1 Answer | Asked in Civil Litigation for West Virginia on
Q: Can I sue a company located and regulated in the state of New York without being present in the lawsuit

Via virtual conference, online I don't live in the state of New york

Matthew Stapleton
Matthew Stapleton
answered on Aug 11, 2022

You can file a lawsuit against a company that is in a different state than you but you would likely be required to make some appearances, such as at trial. Since COVID, many things are now handled remotely. It would be beneficial to have a local lawyer that can appear on your behalf for certain... Read more »

1 Answer | Asked in Criminal Law for West Virginia on
Q: I was released on my own Reconizance, but 1 year later I was forced to take a urine test, as part of being Bailed out

I refused the urine test, but I was informed that because I was out on BAIL that I had to take the urine test. I'm not even. up for any drug charges.

Matthew Stapleton
Matthew Stapleton
answered on Aug 11, 2022

This is sometimes allowed as a condition of your bond.

1 Answer | Asked in Family Law for West Virginia on
Q: Should I file a response in Circuit Court after being served papers to terminate guardianship of my grandson?
Matthew Stapleton
Matthew Stapleton
answered on Aug 11, 2022

Yes, you should always respond appropriately after being served Court papers. If not, you could lose by default.

1 Answer | Asked in Family Law and Child Custody for West Virginia on
Q: Where can I obtain a petition for grandparents rights?
Matthew Stapleton
Matthew Stapleton
answered on Aug 11, 2022

Typically, at the Circuit Clerk's Office for the County the petition will be filed in.

2 Answers | Asked in Personal Injury, Civil Rights, Elder Law and Health Care Law for West Virginia on
Q: Can I ask for proof of documents of someones role of being appointed power of attorney?

How should someone go about asking for this or even a living will?

Tim Akpinar
Tim Akpinar
answered on Aug 1, 2022

A West Virginia attorney could advise best, but your question remains open for three weeks. As a general practice nationwide, in most instances it's simply a matter of asking to see them. I have not had experience with them in settings involving living wills, but in general litigation, I ask... Read more »

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1 Answer | Asked in Car Accidents for West Virginia on
Q: Who’s at fault for hitting stopped vehicle in travel lane?

Hit a vehicle that was stopped in right travel lane that had been in an accident minutes before I crashed into it but there were no hazard lights, no flares, no triangle. Vehicle was dark and it was at night. I was going the speed limit on the interstate.

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jun 20, 2022

Based on your post, it is likely there may be fault on multiple parties----but the ultimate determination of fault is by a Judge in a trial after hearing the evidence presented. That said, if you were injured, then you should contact an accident/injury lawyer to discuss your options and how to... Read more »

1 Answer | Asked in Real Estate Law and Estate Planning for West Virginia on
Q: My dad wrote a handwritten will his wife contested it and we are waiting to have a hearing can his wife try to sale it
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on May 17, 2022

If the property goes through his Estate, then it has a cloud on the Title. No reasonable purchaser would want such title, but they might buy it cheap and get a Quit Claim Deed. If she is the executrix, it might be grounds to remove her.

2 Answers | Asked in Car Accidents and Personal Injury for West Virginia on
Q: Injured in car accident that I was not liable for, how to get compensated?

No citations were issued, however, the other driver's insurer accepted liability. The other driver was a 17 year old boy. Now, It appears that my medical costs may exceed the liability portion of the other driver's parents' policy. If my costs do exceed that limit, how do I obtain... Read more »

Albin Moser
Albin Moser
answered on Apr 4, 2022

Yes, you should contact your own motor vehicle insurance company and discuss with them your underinsured motorist insurance. If there is money under your policy to pay for the amounts beyond the limits of the other driver's policy, then you are fortunate to have those benefits. Although you... Read more »

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1 Answer | Asked in Estate Planning for West Virginia on
Q: I was misled into signing a POA of conveyance on my home of which I had a quit claim 100% survivorship with my companion

We bought a home 15 years prior and had a quick claim deed on it because I wasn’t on the mortgage because we got a cheaper interest-rate that way his daughter talked us into refinancing to get a lower payment and I was told I needed to attend the closing of the refinancing to sign a disclosure... Read more »

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Apr 3, 2022

As a general rule, signing something you did not understand or, worse, did not even read, is not an excuse for the legal consequences of what you signed. You should have read the document. If you did not understand it, you should have hired an attorney to advise you.

That said, the person...
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1 Answer | Asked in Criminal Law for West Virginia on
Q: I'm from Washington DC and have a warrant, how long do I have to turn myself in to custody?

The warrant is in West Virginia

Scott Scherr
Scott Scherr
answered on Mar 29, 2022

You should repost your question to West Virginia attorneys by listing the location as West Virginia.

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