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West Virginia Questions & Answers
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
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
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
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
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
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
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.

1 Answer | Asked in Probate for West Virginia on
Q: When you file a Small Estate Affadavit in SC do you have to pay the deceasedoutstanding bills

My dad passed in SC his wife passed in 2019 and I’m his only child. He only had some furniture a few drums and $2800 in bank and maybe $800 retirement…

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

It may not be prudent to Probate the Estate at all. An Affidavit of Heirship may be enough to get ahold of his property. If the debts are significant, sometimes it is better to let the Bank keep the money, than Probate it and pay out all of it. Consult with a competent SC attorney.

2 Answers | Asked in Employment Law, Personal Injury and Employment Discrimination for West Virginia on
Q: What to do when you get fired from your job after 10 yrs & right before your FMLA is due to be in affect.

I was diagnosed with a serious form of cancer & got fired due to missing 7days in a yr.

Kyle Anderson
Kyle Anderson answered on Jun 24, 2021

Hello, more information is needed here. Did you miss due to your cancer? I would highly recommend reaching out to an employment law attorney to discuss this situation.

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1 Answer | Asked in Divorce, Personal Injury, Real Estate Law and Insurance Defense for West Virginia on
Q: Need help filing a dismemberment claim
Tim Akpinar
Tim Akpinar answered on Jun 21, 2021

A West Virginia attorney could advise best, but your post remains open for three weeks. At this point, you could reach out to West Virginia attorneys. If the dismemberment involved loss of an extremity in a work-related setting, it could involve element of workers' comp law. But if it was... Read more »

3 Answers | Asked in Real Estate Law, Identity Theft, Trademark and Wrongful Death for West Virginia on
Q: Echo Red was my Favorite shoes ever they was the best quality and clothing is timeless how would someone get the brand?

Trademark and holding information I’d like to really revive this brand. I heard they went bankrupt or the revenue didn’t compensate for the money spent. But no wonder everything I ever seen is top quality.

Bill Hulsey
Bill Hulsey answered on Jun 6, 2021

Check USPTO TESS data base. It includes dead trademarks. There are other sources, too.

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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.

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