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West Virginia Questions & Answers
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 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 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 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
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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 »

1 Answer | Asked in Probate for West Virginia on
Q: What happens at probate?

If someone passes away and has real estate only listed in their name, and has no will. What happens to the property? Deceased has surviving husband and two adult daughters. But real estate only in her name.

Anthony M. Avery
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Anthony M. Avery
answered on Sep 29, 2021

Her Heirs-At-Law took title to the real property at her death. Hire a WV to determine heirship and record an Affidavit of Heirship. A title search should be performed also.

1 Answer | Asked in Personal Injury for West Virginia on
Q: can an individual patient with covid 19 have any course of action for compatation against ahospital for neglect ?

also a complaint was filed and the hospital was cited bye the State OFLAC Office .

Tim Akpinar
Tim Akpinar
answered on Sep 21, 2021

A West Virginia attorney could advise best, but your question remains open for two weeks. A law firm would need to investigate further before making an assessment, if they were interested in such a case. You could reach out to local attorneys to discuss. However, with such matters in general,... Read more »

1 Answer | Asked in Real Estate Law for West Virginia on
Q: Part of a property given to me is in dispute and they are threatening me regarding it.

The piece in question was to be given to a deceased party who surveyed it but never recorded it. They passed away and the heir is now saying it was theirs. The lawyer who created the deed for the property that was given to me said it wad never recorded and not legal and so my deed reflects I own... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Sep 17, 2021

Do you have a recorded Deed which has a legal description including the disputed property? Hopefully you do and the grantor had title to convey. It sounds like you already have a lawyer that is telling you that you own it. Right now you might want to search your title again and possibly the... Read more »

1 Answer | Asked in Real Estate Law for West Virginia on
Q: I’m in a 10 year contract to purchase a home coming up on year 2 can I sell it and if so how do I go about this .
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 16, 2021

Assuming you have a Contract for a Deed, which is actually a Lease With Option to Purchase, you can probably only sell what you have which would be a sublease.

Read your Contract and see if it prohibits assigning your rights under the Contract. More than likely all you can do is leave it...
Read more »

1 Answer | Asked in Cannabis & Marijuana Law for West Virginia on
Q: Do I need a permit to sell cannabis out a vending machine or does the location where machine will be need the permit?

I am trying to start a cannabis vending machine business and need need to know if I need to get a permit to sell out of each machine and does the place of business need a permit also?

Aaron A. Pelley
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Aaron A. Pelley
answered on Aug 27, 2021

I think there are a few states that a vending machine could work. However, in most states, recreational or medical, regulations favor that a human check the customers I.D. (for recreational use) or their authorization to use cannabis (medical use) and confirm the person purchasing the product is... Read more »

1 Answer | Asked in Real Estate Law for West Virginia on
Q: Is there a way to take real property back if sold with bill of sale and Deed and title not transferred
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Aug 4, 2021

Real Property is usually conveyed by executing and delivering a Deed, as it is a Contract.

An agreement to sell is only equitable conversion, which can be enforced by a specific performance suit. If no Deed, title has not transferred, but the Contract can probably be sued upon. The...
Read more »

1 Answer | Asked in Copyright for West Virginia on
Q: What can I do someone took my words and put them into YouTube videos but they are my words

There has been music playing on YouTube and it has my words in them.what can I do to get the money that was made . Also merkules he wrote and slandered my name in his music videos.. also there was a man named Cody in his stompdown video that I worked with at McDonald's in Lewisburg wv .

Marcos Garciaacosta
Marcos Garciaacosta
answered on Jul 14, 2021

It depends and you need to invest in an attorney to figure out your options and rights.

How many words? how unique are those words? is it a whole song?

did you copyright it?

all these things have a weight on the property of the creation.

1 Answer | Asked in Public Benefits for West Virginia on
Q: The procedure for filling suit against west Virginia governor Jim justice for ending unemployment benefits early

There is a group of us that are in need of representation in west Virginia to file suit much like Indiana for the reinstatement of unemployment benefits

Peter N. Munsing
Peter N. Munsing
answered on Jul 1, 2021

contact the West Virginia State Democratic committee. If any of you are in a district with a state rep or state Senator who is Democratic, see if they can suggest someone.

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