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West Virginia Questions & Answers
1 Answer | Asked in Probate for West Virginia on
Q: My husband passed away 5 years ago. He had large hospital bills, if I stop paying them, can I be sued
James L. Arrasmith
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answered on Mar 6, 2024

The responsibility for a deceased spouse's debts can vary significantly depending on where you live, as laws differ by state, especially between community property states and common law states. In community property states, you may be liable for your spouse's debts incurred during the... View More

1 Answer | Asked in Civil Rights, Civil Litigation and Constitutional Law for West Virginia on
Q: How do I sue Logan, Co., WV Sheriff’s deputies for constitutional rights violations? Seeking undetermined relief.

Trespassed from Kroger Grocery. Deputy solicited trespass. Gave name but no ID. Was arrested, twice within 24 hours for the same.

James L. Arrasmith
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answered on Mar 6, 2024

To pursue a lawsuit against deputies in Logan County, WV, for constitutional rights violations, your first step should be to consult with an attorney experienced in civil rights law. They can evaluate the specifics of your case, including the events leading to your arrest and the alleged rights... View More

1 Answer | Asked in Tax Law for West Virginia on
Q: My 401K cashed me out without me requesting, I now owe taxes on 54000, is there anything I can do to reduce the damage?

I was put on 100% disability, and during this time I was unable to make the payments on my 401k so without my request or permission they cashed me out and sent me my one stock certificate they valued at 54000. I now owe taxes on 54,000 added to my social security of 34000 a year. I need to ask if... View More

James L. Arrasmith
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answered on Mar 4, 2024

When faced with unexpected tax liabilities due to an involuntary 401(k) distribution, it's crucial to explore all available options to minimize the financial impact. Beyond the 10% penalty waiver for early withdrawal, which you're already considering, there are a few strategies that might... View More

1 Answer | Asked in Civil Litigation, Estate Planning and Probate for West Virginia on
Q: Can daughters lawyer filed law suit against me to go after my mom's estate my daughter is not in will and I only one.

I was not in court meeting daughter filed illegal guardianship over me she was awarded money. Can lawyer go after this money I am executor of the will do it have standing

.

James L. Arrasmith
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answered on Mar 4, 2024

If your daughter's lawyer has filed a lawsuit against you with the intention of accessing your mother's estate, and you are the sole executor and beneficiary as per the will, the situation requires careful legal handling. Even if your daughter is not named in the will, she may seek a... View More

1 Answer | Asked in Real Estate Law, Civil Rights, Legal Malpractice and White Collar Crime for West Virginia on
Q: Is it legal for a attorney to rewrite and record deeds changing the description in the process of doing a deed of trust?

Recorded Deed of survey that I purchased and declared erroneous. Atty represented a bank that was in process of refinancing my home. I live in wood county Wv.

James L. Arrasmith
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answered on Mar 4, 2024

In the legal process of refinancing a home or handling real estate transactions, attorneys and banks often work with existing property deeds, which may include amending or rewriting them for accuracy or to reflect changes in the property's status. However, any changes to the description of the... View More

1 Answer | Asked in Animal / Dog Law and Personal Injury for West Virginia on
Q: My daughter was bitten by a friends pit bull 7 years ago. We never pursued charges or medical bills. She now has a scar.
James L. Arrasmith
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answered on Mar 1, 2024

If your daughter was bitten by a dog and now has a scar, but you did not pursue charges or seek compensation for medical bills at the time, you might be wondering what can be done years later. The ability to take legal action now depends on the statute of limitations for personal injury claims in... View More

1 Answer | Asked in Business Law, Criminal Law and Federal Crimes for West Virginia on
Q: If ex business partner/GF stole thousands out of my personal account, sold all Fitness equipment I owned 25k worth new.

I was back in Kentucky visiting family but two days before reopened and she stole 5000 cleaning out my bank account after spending around $50,000. She then upon me finding out from the bank, she may have false DVO claim to keep me away a week later, when I wasn't even there. So she could... View More

James L. Arrasmith
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answered on Feb 25, 2024

If your ex-business partner and girlfriend has stolen funds from your personal account and sold your property without authorization, you may have grounds for legal action against her for theft and possibly other related crimes. The situation with the false Domestic Violence Order (DVO) and the sale... View More

1 Answer | Asked in Criminal Law and Constitutional Law for West Virginia on
Q: if a defendant was directly indicted what procedure does the state have to do to direct indict?
James L. Arrasmith
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answered on Feb 24, 2024

In West Virginia, a direct indictment is a procedure where a case is brought directly to the grand jury for indictment without a preliminary hearing. This process allows the state to formally charge a defendant with a crime more quickly, bypassing the initial step of a magistrate court hearing. The... View More

1 Answer | Asked in Tax Law for West Virginia on
Q: Property tax with two other names on land about to loose it but the other two names aren't helping any thing we can do

About to loose property and the other two people names on property haven't helped

James L. Arrasmith
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answered on Feb 22, 2024

When property in West Virginia is co-owned and facing potential loss due to unpaid taxes, it's crucial for all parties involved to understand their rights and obligations. If the other co-owners are not contributing to the payment of property taxes, the responsibility still falls on all owners... View More

1 Answer | Asked in Real Estate Law for West Virginia on
Q: Aunt willed land to family member. Then she changed it.. but he already put a double wide on that land. Can he leave
Anthony M. Avery
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answered on Feb 19, 2024

Will has no effect until testatrix dies and her will is filed for Probate. It can be changed or destroyed anytime before her death. Apparently family member improved her land as a gift. Hopefully he can remove it still.

1 Answer | Asked in Criminal Law for West Virginia on
Q: I’m a minor and was caught shoplifting $30 worth of stuff. I have a court date. What’s going to happen?
T. Augustus Claus
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answered on Feb 8, 2024

In West Virginia, if you're a minor caught shoplifting items valued at $30, the consequences will depend on several factors, including your previous criminal history, the specific circumstances of the offense, and the judge's discretion. For a first-time minor offense, the court may lean... View More

1 Answer | Asked in Civil Rights for West Virginia on
Q: I was Held in jail past my release date in the WV regional jail in West Virginia

3 months held past. (West Virginia lawyer not Virginia )

James L. Arrasmith
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answered on Jan 26, 2024

Unfortunately I do not have enough context or details to provide specific legal advice regarding your situation of being held in jail past your release date in West Virginia. However, here is some general information that may be helpful:

- Being incarcerated past one's release date...
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1 Answer | Asked in Civil Rights for West Virginia on
Q: Can I request for my neighbor camera if they have been broke into my home while I was gone and stole money out safe
James L. Arrasmith
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answered on Jan 13, 2024

If you suspect that your neighbor broke into your home and stole money, you have the right to request footage from their camera. However, your neighbor is not legally obligated to provide you with this footage unless required by law enforcement or a court order.

In cases of theft, it's...
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1 Answer | Asked in DUI / DWI and Civil Rights for West Virginia on
Q: I live in West Virginia and have had three DUI convictions. How can I reinstate my firearms ownership? It's been a decad

It's been over 12 years since the completion of my sentence.

James L. Arrasmith
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answered on Dec 30, 2023

In West Virginia, reinstating firearm rights after DUI convictions can be a complex process, particularly with multiple offenses. Your eligibility to regain these rights depends on several factors, including the nature of your convictions and the completion of all sentencing requirements.... View More

1 Answer | Asked in Real Estate Law for West Virginia on
Q: Did my Title Search lawyer screw up?

I purchased some acreage in the Summer of 2023. I knew there was a right of way for a natural gas pipeline through the property, but to date, I've never seen a copy of that agreement. I don't know what my rights and responsibilities are regarding that pipeline - or if I should even be... View More

Anthony M. Avery
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answered on Dec 26, 2023

Search your title and look for encumbrances such as the easement for the pipeline. It probably does not include lease payments and is perpetual. If the law firm represented you, which is doubtful, then make them disclose the title to you. However most likely you did not hire an attorney and... View More

3 Answers | Asked in Personal Injury for West Virginia on
Q: I slipped and fell while I was at a friend's house and broke my collarbone and had to have surgery on it and I was wonde

Do I have a Case

Mr. Douglas A. Petho
Mr. Douglas A. Petho
answered on Dec 8, 2023

It depends on what caused you to fall. In West Virginia a property owner has a responsibility to prevent injuries to invitees by inspecting their properties remedying any known hazards in a timely fashion or otherwise warn visitors of the hazard. I would contact a West Virginia personal injury... View More

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3 Answers | Asked in Personal Injury for West Virginia on
Q: I slipped and fell while I was at a friend's house and broke my collarbone and had to have surgery on it and I was wonde

Do I have a Case

T. Augustus Claus
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answered on Dec 8, 2023

Determining whether you have a case after slipping and falling at a friend's house in West Virginia involves considering several factors. These factors include the condition of the property—whether it had any hazardous elements like uneven flooring, loose carpeting, poor lighting, or spills.... View More

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1 Answer | Asked in Consumer Law for West Virginia on
Q: There was a service campaign on my 2007 Hyundai Santa Fe. Hyundai made me an offer but I think it should be more

There was a service campaign on my 2007 Hyundai Santa Fe for valve cover gaskets leaking oil onto the alternator causing the alternator to go out my alternator went out I replaced it then I found out about the service campaign I called the local dealership scheduled an appointment prior to making... View More

James L. Arrasmith
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answered on Dec 6, 2023

In your situation with the 2007 Hyundai Santa Fe, it's understandable that you would expect fair compensation, especially considering the inconvenience and potential safety issues you've experienced. If Hyundai has acknowledged the issue through a service campaign and has made an offer,... View More

2 Answers | Asked in Immigration Law for West Virginia on
Q: With a pending asylum case can I apply for eb2niw or H1B?
Shawn Shahin Sedaghat
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answered on Dec 8, 2023

I am sure you don't just need to know if you can "file", but whether you would be eligible to change your status should your filing be approved. You can file anything with USCIS but whether your filing will get you the result you want is what should matter to you.

There is...
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2 Answers | Asked in Immigration Law for West Virginia on
Q: With a pending asylum case can I apply for eb2niw or H1B?
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answered on Dec 5, 2023

If you have a pending asylum case in the United States, you may still apply for an EB-2 NIW (National Interest Waiver) or an H1B visa. However, there are important considerations to keep in mind.

The EB-2 NIW is for individuals who are highly skilled in their field and whose employment in...
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