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West Virginia Questions & Answers
0 Answers | Asked in Family Law for West Virginia on
Q: My childrens father is talking about beating my husband up, their step dad, he and his girlfriend talk bad about both

Me and my husband. Something has to be done. He’s very manipulative and the kids come home every time and tell us something different. He tells our son he will not get him presents if he continues to call his step dad, dad. My kids are well aware their step dad isn’t their real dad but calls... Read more »

0 Answers | Asked in Land Use & Zoning and Real Estate Law for West Virginia on
Q: Can someone just come up and mow like the first 3 feet of your property even if u ask them to stop?

I live at the beginning of a development. My property is not part of the development or have anything to do with thier HMO. The HMO says they own the road my property is on and has the right to mow the sides. The development is a private development but we have no affiliation with them at all. The... Read more »

0 Answers | Asked in Real Estate Law for West Virginia on
Q: I was left real property in Mason County by a friend after her death. How long does it take to receive the title?

There was no mortgage or leins attached to this property

0 Answers | Asked in Adoption and Child Custody for West Virginia on
Q: As a child I begged and pleaded the cps to leave me alone but they made me talk, is that even legal in west Virginia?

I literally bawled, said I didn't want to answer questions, then they called the school counselor in and the CPS worker and her both made it seem like I had no other choice I just didn't want to talk I wanted to be left alone.

0 Answers | Asked in Uncategorized for West Virginia on
Q: If abuse on minors happened around 2 years ago, would we still be able to get a restraining/protective order now?

They lived with their grandparents at the time who were fostering to adopt them. Unfortunately the whole time they were being abused until they were completely removed from the home and back into foster care system. The abusers got away with it but there is evidence of the abuse on file with the... Read more »

0 Answers | Asked in Landlord - Tenant for West Virginia on
Q: My landlord employe stole from me and threatening me trying to get me to fight

Two weeks ago my landlords employee the guy that mows the grass took my bike and car seat for said bike and threw it in a dumpster the next week he woke us up by cussing and stay that he was taking the said object and he didn't give a f* I contacted my landlord assistant or whatever and she... 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
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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
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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...
Read more »

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.

1 Answer | Asked in Insurance Bad Faith for West Virginia on
Q: How do I know that my insurance company is offering enough money for my vehicle
Tim Akpinar
Tim Akpinar
answered on Feb 1, 2022

A West Virginia attorney could advise best, but your question remains open for two weeks. You could look at reference guides and current market values in your region for vehicles of the same year, model, option level, and mileage. If your vehicle was declared a total loss, you could ask the... Read more »

1 Answer | Asked in Collections for West Virginia on
Q: I think the hospital that turned my debt over to collection agency broke hippaa law and I just want to know what to

I live in West Virginia but the hospital is in Maryland

Tim Akpinar
Tim Akpinar
answered on Jan 23, 2022

A West Virginia attorney could advise best, but your question remains open for a week. An attorney who reviewed the file and the conduct of the collection company could determine whether there was a HIPAA violation. But it's worth noting that thousands of hospital and medical office patient... Read more »

1 Answer | Asked in Real Estate Law and Probate for West Virginia on
Q: Husband inherited half a house, his sister won't buy out or sell and lives there. What can he do?

Husband and his sister inherited a house in West Virginia after their mom died in 2017. Sister had been living in the house since then and doesn't want to sell or buy out his half. Plus she has made the house much worse condition since it was left to him. Husband and I live in Arizona. What... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Dec 28, 2021

Assuming there is sufficient equity, a suit for an Sale For Partition should be filed. Hire a competent WV attorney that knows real property litigation.

1 Answer | Asked in Traffic Tickets for West Virginia on
Q: If a traffic light turns yellow at the instant you are at the intersection is it law to stop if no safe way to do so.

Was involved in an accident and cited for failure to obey traffic control device. Going straight thru the intersection and another vehicle turned left from oncoming traffic in front of me.

Randy Bryan Ligh
Randy Bryan Ligh
answered on Dec 7, 2021

This sounds like a bona fide dispute and you might be asking multiple questions----short answers are that in regards to a traffic ticket (if you received one), then the Prosecution must provide beyond a reasonable doubt that you are in violation of the cited law----however, if the light signal... Read more »

1 Answer | Asked in Uncategorized for West Virginia on
Q: Can I write a document preventing one doctor from changing another doctor's orders?
Tim Akpinar
Tim Akpinar
answered on Dec 18, 2021

A West Virginia attorney could advise best, but your question remains open for two weeks. As a general matter nationwide, individuals who are not medical professionals are not authorized to change a doctor's orders. But more context may be needed here, as to the basis for such a question - for... Read more »

1 Answer | Asked in Appeals / Appellate Law, Family Law and Child Custody for West Virginia on
Q: Can I appeal the courts decision to terminate my parental rights
Charles William Michaels
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Charles William Michaels
answered on Nov 15, 2021

First, I am not a WVA lawyer. That being said, I would think you could appeal that decision, unless you have agreed in the termination case to waive your appeal rights.

1 Answer | Asked in Criminal Law for West Virginia on
Q: Can a person get out of jail via bondsman while facing Premeditated murder charges

If yes then how is that possible and how would they not consider them a threat to society if they have killed someone they could kill again

Randy Bryan Ligh
Randy Bryan Ligh
answered on Nov 5, 2021

If the Judge has set a bond and the accused can make bond, then yes.

1 Answer | Asked in Estate Planning for West Virginia on
Q: In the will of my dad it states “To my son (me) I leave my land, subject to the right of my wife to reside there as long

as she wishes which however is currently financed and my son (me) is responsible for the payement” Right to occupy or Life Estate? Also, What are my rights as the land owner? The widow and I have been fighting for well over a year now as to what the will is or isn’t. Any help would be appreciated.

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Oct 2, 2021

It sounds like you might be dealing with a poorly drafted right of occupancy. You should take this to an estate planning attorney or trust administration attorney for review and assistance. If the right of occupancy was set out in the will, your attorney can help you petition the court handing... Read more »

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