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West Virginia Questions & Answers
1 Answer | Asked in Contracts and Real Estate Law for West Virginia on
Q: I have P.O.A. for my son, and I am conservator for him. We want to sell his house and need advice.

Does power of attorney, which was obtained before the conservator ship, allow me to sell this property?

Anthony M. Avery
Anthony M. Avery answered on May 5, 2021

The power of attorney was revoked by the Order of Conservatorship. You must petition the Court to sell the Ward's real property with the proceeds to be used for his benefit. Hire a competent attorney to handle this Conservatorship proceeding. A Guardian Ad Litem might be appointed here.

1 Answer | Asked in Employment Discrimination and Employment Law for West Virginia on
Q: I have a layoff letter but my employer told unemployment I resigned

I am receiving unemployment for one year. Now my employer reported that I resigned. I received a layoff letter from them . They didn't pay my pto too.

Rhiannon Herbert
Rhiannon Herbert answered on May 4, 2021

If your employer is claiming you resigned to contest your unemployment claim, you should make sure your unemployment office gets a copy of your layoff letter and explain that you did not voluntarily resign. Whether you are entitled to your unused PTO upon termination is generally governed by... Read more »

Q: My grandpa died and almost a year later his will was changed.

The will stated that if my dad dies everything goes to my step mom but my dad died before my grandpa so that doesnt make any sense and I was told by granpda when he passed the house was to be sold and split between grandkids but we are not mentioned at all in this will

Tim Akpinar
Tim Akpinar answered on May 2, 2021

A West Virginia attorney could advise best here, but your post remains open for two weeks. I'm sorry for the loss of your grandfather. You could repost your question and add Probate and Estate Planning as categories, as you mention a will. There's no guarantee all posts are picked up, but... Read more »

1 Answer | Asked in Real Estate Law for West Virginia on
Q: Do my neighbors have claim on the land I just purchased?

My husband and I purchased the acreage above our house. We got it surveyed to put up a fence for goats. We found out thE neighbors have trash, a dog pen, and a make shift shooting range (shooting towards my house) on our property. The land owner told me husband since they were on our land they... Read more »

Anthony M. Avery
Anthony M. Avery answered on Apr 12, 2021

Adverse Possession is very real and can transfer title to real property. Hire a lawyer now to search the two adjoining tracts. The payment or non-payment of taxes for several years may be significant here. Your surveyor should have told you of evidence of adverse possession, and you have... Read more »

4 Answers | Asked in Copyright and Trademark for West Virginia on
Q: Received a refusal of Trademark due to 'likelihood of confusion with other mark". Can we fight this response?

We requested a trademark last year and received a refusal because our name has a similar acronym "BRI" with a company in Texas. There were other issues with class but seem to be minor at best. Trying to find out if we should attempt to respond to this issue or abandon the request.

Marcos Garciaacosta
Marcos Garciaacosta answered on Mar 12, 2021

Answering will cost you over $1,000 and can get bigger

IF you have not done much with the brand, maybe a new one is best

Make sure you have an attorney do the checks for availability for you

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2 Answers | Asked in Personal Injury for West Virginia on
Q: What is the statute of limitations for a personal injury claim in West Virginia?
Jeffery Robinette Esq
Jeffery Robinette Esq answered on Feb 28, 2021

Personal injury lawsuits in West Virginia must be filed within two years of the event or accident that caused the injury. It is essential to make sure you get your personal injury lawsuit filed in Virginia's court system before the two-year window closes and your claim is forever barred.... Read more »

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1 Answer | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for West Virginia on
Q: My son was arrested by the wv state police when they stop him they handcuffed him then beat him,

Who can I contact, I feel this is both civil, and criminal

Peter N. Munsing
Peter N. Munsing answered on Feb 25, 2021

Contact the West Virginia Civil Liberties Union. Ask for their "cooperating attorneys" for "police misconduct" cases.

https://www.acluwv.org/

1 Answer | Asked in Personal Injury for West Virginia on
Q: i was cut at birth the papers were signed off by a parent or a grandparent can i go and unsign the person passed away
Tim Akpinar
Tim Akpinar answered on Jan 12, 2021

A West Virginia attorney could advise best, but your question remains open for two weeks. It isn't fully clear from the description what this matter here involves. If you mean you were cut at birth, as in literally cut and injured, and your relatives signed a release regarding your rights to... Read more »

1 Answer | Asked in Employment Law and Workers' Compensation for West Virginia on
Q: I was terminated for work performance three months after filing a worker's compensation claim. Do I have a claim?

I was injured on September 4th. Starting two weeks later, I was written up once a month (in September, October, and November) before being terminated 1/1/21. All of the write ups were for work performance. I was never given assistance or accommodation to ease my workload, despite being told that my... Read more »

Kyle Anderson
Kyle Anderson answered on Jan 6, 2021

Hi, I would reach out to an employment lawyer in your state for a consultation. Some states, like Ohio, have laws preventing employers from retaliating or terminating an employee because the employee filed a workers compensation claim.

1 Answer | Asked in Child Support for West Virginia on
Q: My boyfriend is required to back child support which his kids are now over 18and the medical bills

The court is requiring him to pay the bills that Medicaid has already paid. Is this legal?

Paul Ylvisaker
Paul Ylvisaker answered on Jan 2, 2021

Yes. Under Medicaid law, amounts for medical or funds spent on behalf of children, i.e., public assistance, will be collected. Public assistance funds and child support arrears funds collected are one of the metrics each state is measured on for future federal aid. The fact that the children are... Read more »

1 Answer | Asked in Estate Planning for West Virginia on
Q: if the trust is signing a resignation letter to not act as the trustee does the will have to go to probate

My father had a trust set up in his will but the bank wants to resign as the trustee cause they dont think it would be feasible for us to have them as the trustee. Do we have to probate my fathers will

Nina Whitehurst
Nina Whitehurst answered on Dec 16, 2020

If there is no successor trustee named and there is no mechanism for appointing a successor trustee, and if all of the assets are in the trust, then you might not need a probate. More likely you will need to go to court to get a trustee appointed, then the trustee can administer the trust estate.

1 Answer | Asked in Employment Discrimination and Employment Law for West Virginia on
Q: My husband has been out of work since March and has been denied unemployment as he had a partial left foot amputation in

In April and couldn't actively seek work he still has his job when the doctors clear him I am disabled and we have been forced to live on my disability can I sue the unemployment office for benefits including retroactive ones?

Rhiannon Herbert
Rhiannon Herbert answered on Dec 1, 2020

To be eligible for unemployment benefits, the general rule is that the individual must be physically able to work. Thus, during your husband's surgery and post-operative recovery period, he would unfortunately not be eligible to receive unemployment benefits if he was not physically able to... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for West Virginia on
Q: My dad died and his land went to my 2 brothers and I. They got an offer to sale, I do not want to sell can they make me.

2nd if the land is wanting to be bought by realtor can they give my brothers legal advise on how to get me out. Like taking me to court

Anthony M. Avery
Anthony M. Avery answered on Oct 16, 2020

You might buy out their (probable) one-third interests) and get a Deed from them. It could even be an owner financed mortgage. But ultimately the Brothers can file a Partition Action against you, which usually does not bring the best price. Realtors are not attorneys but agents on... Read more »

1 Answer | Asked in Civil Rights, Construction Law and Products Liability for West Virginia on
Q: What to do when fire department destroys my bridge to my house, leaving me stranded

The fire department recently came to drain the fire hydrant at my house, while coming across my bridge it collapsed. There is no way for me to leave my house now as that was the only way. It’s going on the third day The fire department said they turned it into their insurance but I haven’t... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 26, 2020

A West Virginia attorney could advise best, but your question remains open for five weeks. Hopefully, you've resolved the matter by now. If not, ask them if they could offer the insurance carrier's information to see if the matter could be expedited. If it was a private bridge, you could... Read more »

1 Answer | Asked in Small Claims for West Virginia on
Q: I paid for tombstone back in January also paid for footer to be put in tombstone has been done it’s aug still waiting

Was told be in by may . Cemetery has not did footer and not answering phone call July makes anniversary of death . We want as family closure

Tim Akpinar
Tim Akpinar answered on Sep 14, 2020

A West Virginia attorney could best advise, but your question remains open for five weeks. Legal issues aside, these things can take a long time to create, the companies are often small operations, and COVID could have only compounded matters. You could continue your efforts to contact, maybe... Read more »

1 Answer | Asked in Consumer Law and Products Liability for West Virginia on
Q: I found a piece of bone or wood in my spaghettios and choked on it can I sue and would it be worth it?
Tim Akpinar
Tim Akpinar answered on Aug 26, 2020

A West Virginia attorney could answer best, but your question remains open for two weeks. As as general matter, it could be a difficult case. In such lawsuits, a claimant usually needs to demonstrate that they sustained a significant injury that carries some measure of duration or permanence. This... Read more »

1 Answer | Asked in Employment Discrimination, Employment Law and Sexual Harassment for West Virginia on
Q: Hostile work environment do I have a lawsuit ?

I worked with asplundh tree experts LLC for almost a year and I got fired bc I took off a few days because I had been under so much stress and anxiety and I was supporting 7 people in my home and I was threatened with a knife to my stomach and was told he was bonded to shoot me and he would get by... Read more »

Carrie Dyer
Carrie Dyer answered on Aug 26, 2020

More information is needed to analyze your situation. You should contact an employment law attorney in your area to determine if you have a claim under the Americans with Disabilities Act or Title VII for the way you were treated by your former employer.

1 Answer | Asked in Real Estate Law for West Virginia on
Q: Where can I find case law on West Virginia life estate?

I am the remainderman of a life estate. I'm trying to recover the taxes that I paid for the life estate holder.

Anthony M. Avery
Anthony M. Avery answered on Aug 12, 2020

You will need to hire an attorney to see if there is a cause of action against the life tenant for contribution. But the taxes are against the land which both of you own. So either of you must pay the taxes or you lose the land. Probably the only way to recover your paid in taxes is a Petition... Read more »

1 Answer | Asked in Environmental for West Virginia on
Q: Can we sue our psd for poor water quality?

skin rashes, itching, hair discoloration and loss, stinky clothing, staining of clothing, grout, sinks, tub, shower and tile, damage to plumbing fixtures, inability to bathe, paying for water we cannot drink or even use except to flush with, no action from officials, no accountablity, lies,... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 9, 2020

A West Virginia attorney could advise best, as your matter could involve state and local water quality, environmental, and public safety laws. These situations tend to be complex, and involve costly sampling and lab testing for an array of parameters, from petroleum compounds to listed hazardous... Read more »

1 Answer | Asked in Civil Litigation for West Virginia on
Q: What kind of lawyer takes care of getting people out of a house sold on land contract who aren’t making payments?

We sold a house on land contract nearly 2 years ago. Since the sale the buyer has been late on nearly half of his payments. I sent him a letter of delinquency a few months ago on which he gave me a sob story about COVID hurting his job. Well He is back to work now, still late on last months, this... Read more »

Brooks West II
Brooks West II answered on Jul 8, 2020

A real estate lawyer would probably be the best kind of lawyer for this issue. Hope this helps.

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