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West Virginia Questions & Answers
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 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 Bankruptcy for West Virginia on
Q: Is there any Bankruptcy lawyers in the Peterstown area?
James L. Arrasmith
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answered on Feb 24, 2024

Finding a bankruptcy lawyer in a specific area like Peterstown, West Virginia, can sometimes be challenging, especially if it's a smaller town. However, there are several ways you can search for a bankruptcy attorney who serves that area. First, you can try conducting an online search using... View More

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?
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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 Education Law, Personal Injury and Workers' Compensation for West Virginia on
Q: I’m a teacher of 3 years. At no time during my education or training was I informed that my mental and physical health

would be at risk on a daily basis. I’m 63 with no hope of any job of equitable pay and benefits. I’m struggling through every day. I’ve been pushed into a door and had materials thrown at me. I’m mocked and insulted daily by students and parents. Can I sue my university or county for... View More

Tim Akpinar
Tim Akpinar
answered on Feb 8, 2024

A West Virginia attorney could advise best, but your question remains open for three weeks. I'm sorry for your ordeal. One option for you to learn about your rights and options here could be to reach out to workers' comp attorneys, who generally offer free initial consults. They are... View More

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
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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 Personal Injury and Medical Malpractice for West Virginia on
Q: Can I sue if I was prescribed a medicine for 3 years that is me t to take for only 5 weeks to a year? I

It's caused me a lot of problems that caused pain n damage plus has a side effect that added to a already underlining problem I already have . Even after multiple hospital trips and further test from Dr to determine new issues I was still being prescribed the medicine .after learning the... View More

Joel Gary Selik
Joel Gary Selik
answered on Jan 11, 2024

Yes this is a potential case. Malpractice is where the doctor acts against the standard of care. Another doctor would have to review and give that analysis. The extent of your harm may determine the viability of the case.

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.

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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

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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

1 Answer | Asked in Internet Law, Trademark and Intellectual Property for West Virginia on
Q: If my domain name has not been sold yet but has been marked as abandoned do I own it still or can I retrieve the name
James L. Arrasmith
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answered on Nov 26, 2023

If your domain name is marked as abandoned, it's crucial to understand what that means in the context of domain registration and ownership. Typically, a domain is marked as abandoned when it has expired and has not been renewed by the owner within the grace period provided by the domain... View More

1 Answer | Asked in Personal Injury, Civil Litigation, Health Care Law and Medical Malpractice for West Virginia on
Q: If I have malpractice claim should I do ot before disability

Near bankruptcy

Tim Akpinar
Tim Akpinar
answered on Dec 5, 2023

A West Virginia attorney could advise best, but your question remains open for two weeks. This is actually something that your own attorney(s), if you have them for the malpractice, disability, and bankruptcy actions, should answer, as it could go to the issue of their approach and strategy. This... View More

1 Answer | Asked in Criminal Law for West Virginia on
Q: What should I have gotten for a simple possession charge
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answered on Nov 21, 2023

In West Virginia, simple possession of a controlled substance is a misdemeanor that is punishable by a fine of not less than $100 nor more than $1,000 and by imprisonment of not more than six months. However, the specific penalties you may face will depend on the type of drug you were found in... View More

1 Answer | Asked in Immigration Law for West Virginia on
Q: For the parents' section on form I-29, do I put my mom (deceased) or my step-mom?

since my bio mom has been deceased for over 20 years, I am confused if the spirt of the question is regarding my bio parents, or if I should put my (still alive & married to my dad) step-mom?

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answered on Nov 18, 2023

On Form I-29, the section asking for information about your parents is intended to gather details about your biological or legal parents. Since your biological mother is deceased, you should include her information in this section. It's important to provide accurate and truthful information... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for West Virginia on
Q: How long can you be held in jail after waiving your preliminary hearing without going to court or being sentenced?
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answered on Nov 12, 2023

In West Virginia, after waiving a preliminary hearing, the length of time you can be held in jail without going to court or being sentenced depends on several factors, including the nature of the charges and the court's schedule. Generally, the criminal procedure laws require that your case be... View More

1 Answer | Asked in Real Estate Law for West Virginia on
Q: Can one land owner close a property that has been used as a rightaway for over 25 years?
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answered on Nov 13, 2023

That is a method to terminate an easement. The offended adjoining landowners must file suit to declare their easement rights in the servient estate. Hire a WV attorney now.

1 Answer | Asked in Animal / Dog Law for West Virginia on
Q: What is WV law with rabies shots for dogs
T. Augustus Claus
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answered on Nov 10, 2023

all dogs three months of age or older must be vaccinated against rabies by a licensed veterinarian. The vaccination must be repeated every one to three years, depending on the type of vaccine used.

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