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West Virginia Questions & Answers
0 Answers | Asked in Criminal Law, Family Law and Child Custody for West Virginia on
Q: What is the best way to proove your innocence when your step daughter accused you of bruising her when you really didnt

She’s got a passed of self harm and it’s on record but now that my daughter was born she’s become very jealous and angry didnt want to live here anymore after being with us for a year so she told cps I done all these horrible things to her trying to get back to her bio mom I don’t think she... View More

0 Answers | Asked in Landlord - Tenant for West Virginia on
Q: How can I evict someone with no lease?

Someone has been living in our basement she pays us rent and she has destroyed our basement and we want her out. She has lived here over a year but since we never wrote a lease what is the legal way to evict her?

1 Answer | Asked in Probate for West Virginia on
Q: When the code in wv says $200,000 or less, exclusive of real estate specifically devised. Does it include house or not

Need to know if this means it includes the deceased home value or not. I don't understand what exclusive of real estate specifically devised means. Looking at wv code 44-2-1b

Anthony M. Avery
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answered on Jun 13, 2024

Usually real property does not go through an Estate unless devised in a Will or there is not enough assets to pay creditors. So if no Will, heirs take and the land is not part of the Estate.

0 Answers | Asked in Business Formation for West Virginia on
Q: Does a receipt show any store information to denie me to see the receipt? small convenience store clerk. I think he lied

It was the receipt from a check i wrote to pay for the transaction. He was acting real nervous and denied me visual of the receipt.

0 Answers | Asked in Criminal Law for West Virginia on
Q: Got a ticket for Drinking under 21. I’m 19 and was not tested for anything by law enforcement. Do I plead guilty or not?

I’m not sure I can afford a lawyer at the moment. I have also never had been charged with anything before.

0 Answers | Asked in Real Estate Law for West Virginia on
Q: Does previous home owner own furniture left behind after closing? Was given grace period. Demands to take it.

Home FSBO. Deed is in my name, but I am making monthly payments. He had 45 days to remove furniture. He did not. Says that, by law, the furniture is still his and he can take it.

He is a lawyer. Oh joy. Which WV Code covers furniture left behind after closing. Almost 3 months after... View More

1 Answer | Asked in Estate Planning, Family Law and Probate for West Virginia on
Q: At what point in a second marriage do both spouses have joint home ownership?

Wife owned her home with mortgage paid in full upon our marriage 11 years ago. Since then we have jointly paid the property taxes, home upkeep, maintenance, and each contributed over $40,000 in home upgrades. Is the husband entitled to joint ownership? If so, can he be legally placed on the... View More

Anthony M. Avery
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answered on Jun 11, 2024

As a married individual, you do not own real property until you are a grantee on a deed, or either the heir or will devisee of a deceased spouse.

0 Answers | Asked in Real Estate Law for West Virginia on
Q: I have a neighbor wanting to sell me a portion of his property that I would like to purchase. He has a HELOC on it curre

If his lender does not allow for a partial release is there any other things I can do to acquire this that is legally binding for when he pays it off? Such as like a contract to transfer or anything? I trust him to pay it off

0 Answers | Asked in Divorce for West Virginia on
Q: I want to see if my divorce settlement and and parenting agreement sound fair before I file

I am planning on filing divorce on the grounds of irreconcilable differences. I have created a divorce settlement and parenting plan to present to the court. I am assuming all the marital debt with the exception of one vehicle that I will transfer to the respondent. I am also offering 50/50 custody... View More

0 Answers | Asked in Estate Planning and Family Law for West Virginia on
Q: After 11-years of a second marriage in WV, what is the minimum real estate amount that a spouse is owed via a Will?

My wife of 11 years owns our home--no mortgage, We shared equally in upkeep, real estate property taxes, and each of us spent over $40,000 for remodeling two bathrooms and a kitchen. Only my wife's name is on the deed. Is she required to will me at least 50% of the value of the home? Does... View More

2 Answers | Asked in Real Estate Law for West Virginia on
Q: I received a call and am not sure if it's a scam or something I need to deal with.

I had a message on my answering machine with a name and possibly company I couldn't understand, saying that it was a final attempt to serve a court summons and that someone over 18 needed to be here to sign and that failure to call back would result in fines and penalties under Title 18... View More

John Michael Frick
John Michael Frick
answered on May 28, 2024

First, it is not uncommon for a process server to call a person on whom they are serving a summons to arrange a convenient time to deliver the summons.

Second, it is not uncommon for scammers to use this type of call as a ploy to find out when you are home, usually to burglarize you at a...
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0 Answers | Asked in Traffic Tickets for West Virginia on
Q: Looking help with a citation I received for having a suspended license (due to MED 2 form)

I am due in West Virginia District Court on May 29th 2024, and since my license has not yet been reinstated by the DMV, my citation will not be dropped. The cop who gave me the citation said it could be dropped because of the DMV's delay, but I have not received any further notice on my end. I... View More

0 Answers | Asked in Family Law and Child Custody for West Virginia on
Q: If paternity is established in WV do your rights change if the child resides in Ohio?

Our daughter was born in WV and I (Father) signed the parental affidavit and birth certificate. The mother and I moved to Ohio a year after our daughter was born and have lived there for the past eight years. I had to temporarily relocate to WV because an unrelated incident could potentially have... View More

1 Answer | Asked in Estate Planning and Elder Law for West Virginia on
Q: What happens to funds from an inheritance check, made out to the principal of a POA, that was deposited into POA account

As my grandmother’s POA, If I opened a savings account, solely in my name,

(to be used for her medical expenses/personal care items)

& deposited an inheritance check made out in my grandmother’s name; what happens to the funds remaining in account after she passes?

Nina Whitehurst
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answered on May 19, 2024

I would caution you against depositing a check made payable to your grandmother into an account that is in your name. That will look very much like theft or conversion. And that is the case even if you really only do use the money for your grandmother’s benefit. It is very risky for you.... View More

1 Answer | Asked in Estate Planning and Tax Law for West Virginia on
Q: As my grandmothers poa, what can I do with an inheritance check for her?

My grandmother was recently named my grandfathers heir for a quitclaim and will be receiving a disbursement check. She is on programs that are income based (housing/caregiver) and cannot have a lump sum of money in her bank or attached to her name. I am to sign paperwork on her behalf and to... View More

James L. Arrasmith
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answered on May 18, 2024

As your grandmother's Power of Attorney (POA), you have a fiduciary duty to act in her best interests. Given her situation with income-based programs, it's essential to handle the inheritance money carefully to avoid jeopardizing her benefits. Here are a few options to consider:... View More

1 Answer | Asked in Criminal Law and Civil Rights for West Virginia on
Q: I was issued a citation on 4-7 & I had till 4-19, on 4-15 @ 3am police came to my home to arrest me for same offence,

They said they have a warrant and that I ran, which I didn't. Is that legal? I called the court as instructed to take care of the citation and was told it wasn't turned in yet which wasn't uncommon&to call back in a day or two. I left a message with the issuing officers voicemail, what do I do?

James L. Arrasmith
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answered on Apr 15, 2024

Based on the information you've provided, it seems there may have been a misunderstanding or miscommunication between the police department and the court system. Here are a few steps you can take to address this situation:

1. Document the details: Write down the dates, times, and names...
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