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West Virginia Questions & Answers
1 Answer | Asked in Family Law, Child Custody, Civil Rights and Domestic Violence for West Virginia on
Q: Hello, Thank you in advance for helping. CPS took my kids because my husband was emotionally and physically abusing us.

He has since relinquished his rights to the kids.. They are forcing me to do the same for "failure to protect". I want to know, if I appeal the descion, will those allegations from the CPS come about in court? I was under serious duress and in and out of the hospital and therapy during... View More

James L. Arrasmith
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answered on Oct 12, 2024

I'm really sorry you're going through this difficult time. It's important to reach out to a qualified attorney or a legal aid organization for assistance with your situation. They can provide the support and guidance you need.

1 Answer | Asked in Education Law for West Virginia on
Q: I skipped while in school, i had gotten into a wreck during school while skipping

I had been at school until about half the day and then i left school through a back door, and I was not the driver of the accident i was the passenger

Tim Akpinar
Tim Akpinar
answered on Nov 3, 2024

A West Virginia attorney could advise best, but your question remains open for a month. Sorry about your accident. I hope you and everyone involved are okay. There wasn't a question, but it's likely you're wondering what your rights are? I hope you were not injured, but if you were,... View More

Q: Im a pro se plaintiif inWV. Im suing Logan County & four deputies that violated my rights. I need representation. Help!
James L. Arrasmith
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answered on Sep 30, 2024

Taking legal action on your own can be challenging, especially in a case involving civil rights violations and multiple defendants like county officials and law enforcement officers. It’s important to find a lawyer experienced in civil rights cases who can guide you through the complexities of... View More

1 Answer | Asked in Intellectual Property for West Virginia on
Q: My wife of 17 years and counting purchase a house but she didn't put me on the deed.

Do I have any marital rights to the property according to West Virginia?

James L. Arrasmith
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answered on Sep 16, 2024

In West Virginia, the property your wife purchased during your marriage could be considered marital property, even if your name isn't on the deed. West Virginia follows the principle of "equitable distribution," which means that in the event of a divorce, marital property is divided... View More

2 Answers | Asked in Real Estate Law, Admiralty / Maritime, Civil Rights and Land Use & Zoning for West Virginia on
Q: I live on a small island in the middle of the river in a tree house how do I obtain an address so I can get assistance 9

911 refuses to give an emergency address and gets aggressive when I ask ive been here 4 years now

Anthony M. Avery
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answered on Sep 5, 2024

Try bringing up to your County Commission.

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1 Answer | Asked in Criminal Law, Animal / Dog Law, Federal Crimes and Small Claims for West Virginia on
Q: Can I sue a humane society for selling me chronically sick cats after guaranteeing good health? One was euthanized.

I bought two cats on the verbal guarantee they were both healthy, with no prior or current issues, and were fully vaccinated. Just a short 24 hours later, one had to be euthanized and the other is infested with worms. The 4m old kitten was euthanized due to its respiratory distress and organ... View More

James L. Arrasmith
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answered on Sep 5, 2024

Yes, you may have grounds to sue the humane society for breach of contract or misrepresentation, given the verbal guarantee they provided about the cats' health. If you can prove that the society knew or should have known about the cats' health issues and failed to disclose them, you may... View More

1 Answer | Asked in Uncategorized for West Virginia on
Q: Can I sew housing authority for unsafe structure. I was in this house for 3 months and began reporting that the house

Was cracking in half the health department found structurally compermised Hud home and mold. I'm homeless because of this.

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answered on Sep 18, 2024

It sounds like you’ve been through a difficult situation, and you may have legal options. If your housing authority provided you with a home that was unsafe or uninhabitable, especially after you reported concerns, you could potentially take legal action. In many cases, tenants have a right to... View More

1 Answer | Asked in Family Law, Adoption and Civil Rights for West Virginia on
Q: Need lawyer who can get a court order for an older male for a delayed birth certificate. I have most records needed

I have most of the records needed except for one, and that is a place of birth. I have three records of his name dat of birth but only two for a place of birth. He was born in Williamson WV. I am in Tennessee and cannot go to West Virginia.So I need someone that can help over the phone

James L. Arrasmith
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answered on Aug 31, 2024

You may want to contact a lawyer who is experienced in handling cases involving delayed birth certificates. Many lawyers are willing to work with clients remotely, especially if you're unable to travel to West Virginia. They can guide you on how to gather any remaining necessary documents and... View More

1 Answer | Asked in Nursing Home Abuse and Personal Injury for West Virginia on
Q: I picked my mom up from the nursing home to visit family. She had deep ligature marks on her throat. What should I do?

I took her to the ER the next morning. The doctor would not confirm they were ligature marks although they were deep and clearly visible. I felt that he didn't want to get involved so suggested I bring her in the following morning to see her primary care doctor, which I did. Her primary care... View More

Tim Akpinar
Tim Akpinar
answered on Aug 14, 2024

A West Virginia attorney could advise best, but your question remains open for a week. I'm sorry your mother sustained such alarming and disturbing injuries. You did the right thing by getting her out of there. Your post mentions that you ran out of characters. Regardless of what you were... View More

1 Answer | Asked in Criminal Law, Traffic Tickets, Cannabis & Marijuana Law and Civil Rights for West Virginia on
Q: I was stopped at a traffic stop at 4AM. They stayed my license plate light was out. Fast forward they ended up searching

Nothing was found in the vehicle. I still ended up with two tickets after my rights were violated. It is also all on video.

James L. Arrasmith
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answered on Sep 7, 2024

It sounds like you went through a difficult experience at the traffic stop, especially if you feel your rights were violated. If the search was conducted without your consent or a valid reason, and you have video evidence to support this, you may have grounds to challenge the legality of the... View More

1 Answer | Asked in Family Law, Personal Injury and Medical Malpractice for West Virginia on
Q: My sister switched my dad's Hernia mesh lawsuit to her name, I took care of him, he passed will she get it all
D. Michael Burke
D. Michael Burke
answered on Sep 2, 2024

Not in West Virginia. Your sister apparently was appointed the Administratrix (the female version of an administrator) of your father's estate, or was named the executrix of his will. Her job is to act on behalf of his estate, and as one of his beneficiaries, you are entitled to make a claim... View More

1 Answer | Asked in Medical Malpractice and Wrongful Death for West Virginia on
Q: my dad went into cardiac arrest and the doctor didn't do anything to help him he let him die

my dad ended up in er on july 28,2024 doctor told us his sodium was low an that he would make a full recovery but it was a very lengthy treatment but it was fixable and then 20 minutes later he came in to tell us that we needed to do comfort care which they never did , my dad went into cardiac... View More

Tim Akpinar
Tim Akpinar
answered on Aug 22, 2024

A West Virginia attorney could advise best, but your question remains open for three weeks. I'm very sorry for the loss of your dad. You say you are contemplating legal action - you could consider reaching out to law firms in your state to try to set up a free initial consult. A law firm would... View More

1 Answer | Asked in Civil Rights and Constitutional Law for West Virginia on
Q: My constitutional rights was violated in 2018 by section 241 & 242 is it to late for justice

My constitutional rights was violated in 2018 by section 241 & 242 resulting in the civil death penalty & forever labeled as someone who solicited their child please help me understand or get justice so I can find my son. Thank you & God Bless

James L. Arrasmith
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answered on Aug 5, 2024

It sounds like you’re dealing with a very challenging situation, and it’s understandable to seek justice for what you believe to be a violation of your rights. Sections 241 and 242 of Title 18 of the U.S. Code address conspiracies against rights and deprivation of rights under color of law. If... View More

1 Answer | Asked in Real Estate Law for West Virginia on
Q: If I won in court to get deed on property how long did they have to give it to me
Anthony M. Avery
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answered on Jul 22, 2024

Your lawyer should have already prepared a proposed Order for the Court concerning your Judgment, and proffered it to the Court. After entry of the Judgment, your lawyer needs to draft a Deed and send it to the Defendants for execution. If they refuse, move the Court for the Court Clerk to... View More

1 Answer | Asked in Employment Law and Tax Law for West Virginia on
Q: Is there anything that can be done if a child was working long hours without a contract or taxes in a family business?

I was 14-18 when I was working for my family business I am 27 years old now and I just want to see if this is ok or acceptable

James L. Arrasmith
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answered on Jul 18, 2024

It's understandable that you're concerned about your past work experience in the family business. Generally, child labor laws and tax regulations are designed to protect young workers. In West Virginia, minors working in a family business are often exempt from some labor laws, but certain... View More

1 Answer | Asked in Estate Planning and Probate for West Virginia on
Q: My mother owned 45% of stock in an llc. Her estate is in probate. Can part of land of llc be sold without a vote?
John Michael Frick
John Michael Frick
answered on Jul 12, 2024

The LLC can sell the land whenever it wants to. The Company Agreement of the LLC will indicate who has authority to take action like selling its land.

Remember that the land itself is not part of your mother's probate estate. It is owned by the LLC. Company Agreements typically...
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1 Answer | Asked in Health Care Law, Medical Malpractice and Personal Injury for West Virginia on
Q: Can I sue the Hospital for a misdiagnosis?

About 14 years ago I was Diagnosed with Ulcerative Colitis I went through Treatment after Treatment one after another they failed I had multiple scopes done and it was the same result as the years went my condition got worse I missed lots of school, missed holidays, sports, and time with friends... View More

Tim Akpinar
Tim Akpinar
answered on Jul 2, 2024

A West Virginia attorney could advise best, but your question remains open for a week. I'm sorry for your ordeal. Your sentiments are understandable. The best thing for you to do would be to try to arrange a consult with a med mal law firm in West Virginia. Free initial consults and... View More

1 Answer | Asked in Civil Litigation and Civil Rights for West Virginia on
Q: Their is a homeless shelter in Beckley West Virginia that's called pine Haven's I want to suit them.

They keep the place dirty the heat is unbearable too

James L. Arrasmith
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answered on Jun 26, 2024

I understand you're unhappy with the conditions at the Pine Haven homeless shelter in Beckley, West Virginia. Before considering legal action, here are some steps you may want to consider:

1. Document the issues: Keep a detailed record of the problems you've observed, including...
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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.

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

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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.

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