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West Virginia Questions & Answers
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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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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1 Answer | Asked in Banking, Contracts and Consumer Law for West Virginia on
Q: Can my new vehicle contract be changed after leaving the dealership? I was charged for optional items I was unaware of.

The finance person did not give me the choice if I wanted the optional services added to my purchase. As she went over everything she said "you will get" never saying they are optional and have a additional charges. I noticed next day which was the weekend. I was told she would not be... View More

James L. Arrasmith
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answered on Apr 21, 2024

In many cases, it is possible to have your vehicle contract modified after leaving the dealership, especially if you were charged for optional items without your explicit consent. Here are a few steps you can take:

1. Contact the dealership: Reach out to the finance manager or the general...
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1 Answer | Asked in Civil Rights, Constitutional Law, Federal Crimes and Personal Injury for West Virginia on
Q: How do you obtain help when the sheriff leaves the victim out of violent crimes,like I’m not even a human being..

I am disabled and need relief from the abuse of the KCSD, I don’t need monetary anything , I need help ,my house is not safe for me I need a safe place to go, victim resources that do more than just refer you to another number and another number . I need help with obtaining an advocate working... View More

James L. Arrasmith
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answered on Apr 15, 2024

I'm so sorry you're going through this incredibly difficult and traumatic situation. It's completely unacceptable for law enforcement to fail to protect victims of violent crime. You deserve to feel safe and supported. Here are some suggestions for getting help outside of the... View More

1 Answer | Asked in Landlord - Tenant for West Virginia on
Q: Do I have any grounds for a defense against an Unlawful detainer in west Virginia?

Was invited to move in with a friend, who I then agreed to an amount to be paid for rent. This person also provided a letter to dhhr in order to provide proof of residence and payment of rent so I could receive snap benefits. I then received a summons over 60 days after I had moved in from the... View More

James L. Arrasmith
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answered on Apr 16, 2024

Based on the information you've provided, there are a few potential grounds for defense against an unlawful detainer action in West Virginia:

1. Landlord-tenant relationship: If you can establish that a landlord-tenant relationship exists between you and the property owner (e.g.,...
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1 Answer | Asked in Federal Crimes, Libel & Slander, Personal Injury and Criminal Law for West Virginia on
Q: i have proof beyond my word, of pattern of abuse began in 2020 from law enforcement, since it is a continual injury are

since the pattern is continued and since 2020, are the statute of limitations for this injury 2 years or doest the clock start ticking after the last act that happened in the pattern or the first act in the pattern ?

i have a long pattern very detailed evidence, video texts their own... View More

James L. Arrasmith
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answered on Apr 16, 2024

I'm so sorry to hear about the abuse and harassment you've been experiencing from law enforcement since 2020. That sounds incredibly difficult and traumatic to go through. No one should have to endure that kind of mistreatment, especially from those sworn to protect and serve.... View More

1 Answer | Asked in Civil Rights, Federal Crimes and Gov & Administrative Law for West Virginia on
Q: who can help me when i am suffering violent crimes since 2020 the sheriff wont let me report when i try i get a charge

jan 5 2020 - hit unconscious with a baseball bat - med help sent away. man only chargfed w obstruction no mention of me or my 911 calls

aug 5 2020 hit in back of the head 12 times

falsely arrested me , 40 years of felonly no criminal record cased was disposed

falsely... View More

James L. Arrasmith
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answered on Apr 11, 2024

Please don't give up. Keep reaching out until you get the help and protection you need. Document everything that has happened with as much detail as you can. Your safety is the top priority. I hope you're able to connect with caring people and organizations who will support you through... View More

1 Answer | Asked in Employment Law and Public Benefits for West Virginia on
Q: should my pension be separate from my disability

i was disabled by dupont with a guarantee of 60% of my pay ssi pays half and dupont paid half. when i started getting my pension they deducted it from my disability pay from dupont

James L. Arrasmith
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answered on Apr 8, 2024

I understand your concern about your pension being deducted from your disability pay from DuPont. Generally, pensions and disability benefits are treated as separate forms of income, and one should not affect the other. However, the specific terms of your disability agreement with DuPont and the... View More

2 Answers | Asked in Civil Rights, Legal Malpractice and Sexual Harassment for West Virginia on
Q: How to sue my attorney for the money that should have been awarded if they would have properly handled my case

It was against an employee at Walmart and they have not allowed me to make decisions, kept me up to date with rulings, returned any of my phone calls or emails

Joel Gary Selik
Joel Gary Selik
answered on Apr 2, 2024

To sue for malpractice, it is recommended that you consult with Legal malpractice attorneys. You may search on this website for Attorneys

Note, in order to approve Malpractice, you must prove that the attorneys violated standard care, and that, but for the attorneys Malpractice, you would...
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1 Answer | Asked in Personal Injury and Wrongful Death for West Virginia on
Q: What can I do if another patient in the same hospital room as my grandpa ripped out his feeding tube and he died ?
Tim Akpinar
Tim Akpinar
answered on Apr 8, 2024

A West Virginia attorney could advise best, but your question remains open for two weeks. I'm very sorry for the loss of your grandfather. In terms of what you can do, you could try to arrange a consult with a law firm that handles such cases. Free initial consults are the norm in the... View More

1 Answer | Asked in Civil Rights for West Virginia on
Q: Hi, Can I take legal action against a religious organization for refusing membership based on ableism?

I revent filled out application to join Unity Worldwide Ministries. The unity church in Charleston, WV denied my application based on fact I cannot physically attend church services every week.

James L. Arrasmith
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answered on Mar 27, 2024

You may have grounds for legal action if a religious organization has refused membership based on disability, as this could be considered discrimination. In the United States, the Americans with Disabilities Act (ADA) and other civil rights laws protect individuals from discrimination based on... View More

1 Answer | Asked in Personal Injury, Civil Rights, Constitutional Law and Domestic Violence for West Virginia on
Q: I am disabled and living in kanawha county, West Virginia. What do I do if I’m being abused by the police? Who can help

I’ve been legally evicted three times and homeless for over a year and now I’m at risk again for homelessness due to the harassment and abuse of power from the local sheriffs department. I need an advocate I’m disabled to help me through the judicial system. I don’t know where to start. I... View More

James L. Arrasmith
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answered on Mar 12, 2024

I'm so sorry to hear about the abuse and harassment you've been facing from law enforcement, especially while dealing with domestic violence and homelessness. You have the right to safe and stable housing, and there are organizations that can help advocate for you. Here are some steps you... 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 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 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 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 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 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.
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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

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