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West Virginia Questions & Answers
1 Answer | Asked in Banking for West Virginia on
Q: Can I as the Durable power.of Attorney for my father ,access his money in his bank accounts I as see best?

I am also the sole.benificery in his will

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Jun 13, 2020

A Durable Power of Attorney (DPOA) only means that you may continue to exercise the powers granted under the DPOA even when the grantor (your father) may be sick or legally incompetent. In other words, unless your father terminates it, it would be effective until his death.What powers you are... Read more »

1 Answer | Asked in Personal Injury and Workers' Compensation for West Virginia on
Q: Does a person need to go back to work 100 days after surgery
R. Joseph Kramer
R. Joseph Kramer answered on Jun 10, 2020

It all depends on the circumstances. In Illinois, where I am licensed, if your doctor has not cleared you to return to work then you should not go back to work. If the doctor has told you that you may resume work, you would not be entitled to any additional compensation for the time you spent off... Read more »

1 Answer | Asked in Medical Malpractice for West Virginia on
Q: Do I have a suit for pain and suffering and what should I ask for?.

My husband fell at home on April 28. He is a Stroke patient since Dec.3,2014 it took his left side. After 3 falls that night he could not stand up or walk.My Grandson came and got him to bed and he was in so much pain I called the Ambulance at 3:15 am next morning. They took him to the hospital and... Read more »

Tim Akpinar
Tim Akpinar answered on Jun 6, 2020

This is something a West Virginia should advise on, but your post remains open for three weeks. You're asking about pain and suffering. But based on your description, it's difficult to identify a strong basis for a suit. If you're contemplating damages related to the roughly one-day... Read more »

2 Answers | Asked in Patents (Intellectual Property) for West Virginia on
Q: Can a person make a canvas bag with two loops for handles and not infringe on the patent

Plain canvas material with two nylon handles

Bill Hulsey
Bill Hulsey answered on May 10, 2020

Not a clear question. Please restate.

Thanks so much

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1 Answer | Asked in Personal Injury for West Virginia on
Q: What type of lawyer do I need for breast implant recall?

Allergan company

Aaron Tompkins
Aaron Tompkins answered on May 6, 2020

You would be looking for a personal injury lawyer, a products liability lawyer or specifically a lawyer that works in medical equipment defects.

1 Answer | Asked in Consumer Law, Criminal Law and Small Claims for West Virginia on
Q: Charged with 2 counts theft, 1 count larceny in WV by rent-to-own company. My 1st ever offence.

Had a WV state trooper stop by my house a few days ago telling me a rent to own company I leased items from are pressing 2 theft charges and I think a larceny charge on me for unreturned and non-paymnt of 3 items. He said he would speak with a magistrate judge and get back with my in few days.... Read more »

Tim Akpinar
Tim Akpinar answered on Apr 30, 2020

Your post remains open for two weeks and your matter is something where time is of the essence. You need to consult with a criminal defense attorney - this is not a small claims matter or consumer law matter. If you have not already, contact criminal defense attorneys - or based on your financial... Read more »

1 Answer | Asked in Medical Malpractice for West Virginia on
Q: Can I sue a dr if he done surgery and released me with swelling and a knot telling me it would go down them had another
Tim Akpinar
Tim Akpinar answered on Apr 29, 2020

It depends on whether you could demonstrate that the doctor breached a duty of medical care owed to you. That would be a determination that could be made by a review of your medical records. This is something to discuss with a West Virginia attorney, but your post remains open for a week. You could... Read more »

1 Answer | Asked in Tax Law for West Virginia on
Q: I went through a divorce and my exhusband gave my dogs away to someone, they paid taxes on and won’t give them back.

I’ve tried to get my dogs back but the police say there’s nothing they can do since these people pay taxes on them. I raised both of these dogs from birth. Is there anything I can do to get my dogs back, please help!

D. Mathew Blackburn
D. Mathew Blackburn answered on Apr 26, 2020

If the domestic orders reference the animals you can bring a contempt action. Otherwise you can't prove the animals were not subject to your ex-husband's control to sell. If the animals were listed as property belonging to you or to be transferred to you as part of the property settlement... Read more »

1 Answer | Asked in Real Estate Law and Tax Law for West Virginia on
Q: Can I get my sister off the deeds land/house in WV. I'm the only one paying the taxes since my parents passed away 2012

My parent passed away 2012. We Auctioned everything expect for almost 100 acres of land and 1 house with land. My sister has been on drugs, in and out of jail. The house and land are still in the estate with the sheriff office in Randolph county WV. Because there was no will an we could not figure... Read more »

David Ostrove
David Ostrove answered on Mar 5, 2020

You may be able to gain title by adverse possession, but you really need an opinion from a WV lawyer. All property law is state law. All best wishes.

1 Answer | Asked in Tax Law for West Virginia on
Q: Social security number used

My son used his brothers ssn# to obtain employment with a driving company. Should he contact the company for a new w-2, or the IRS to have the # changed in order to properly and legally file taxes?

David Ostrove
David Ostrove answered on Feb 27, 2020

YES!

1 Answer | Asked in Medical Malpractice for West Virginia on
Q: Medical malpractice

The plaintiff filed a medical malpractice claim against defendant (Doctor). Defendant filed a motion for dismissal based on certificate of merit and timeliness of the claim particularly in one instance of the complaint. However, Plaintiff filed a theory of liability instead as the violation of... Read more »

D. Michael Burke Esq
D. Michael Burke Esq answered on Feb 19, 2020

No. None of those errors, individually or collectively, is enough to justify a summary judgement. In West Virginia, the law favors the resolution of legal disputes on the merits, not on technicalities.

This is something you should be discussing with your attorney.

1 Answer | Asked in Tax Law and Traffic Tickets for West Virginia on
Q: If u don't pay off your tickets by time you file taxes won't they automatically be taken from the tax money? When u file

I believe i was told by the court house that if couldnt finish paying tickets by tax time then it would come out of tax return Im just wondering if they take care of it when you file or when the money comes

D. Mathew Blackburn
D. Mathew Blackburn answered on Feb 13, 2020

The state can't intercept your federal refund. West Virginia will offset your state refund if you have unpaid fines. They have to send you a letter and then wait 90 days. They're supposed to anyway. They take out an extra $25 for their troubles. If this is a concern I would file an... Read more »

1 Answer | Asked in Real Estate Law and Estate Planning for West Virginia on
Q: Can a grantee in a jointly survivorship deed will their share of property to heir?

Deed of mother(deceased) granting right of survivorship to myself,brother,sister. Brother that is ill, deeded in will his third of the property to his son. 78 acres was supposed to be equally divided between the three of us with the property going to last survivor as stated in deed. Have not seen... Read more »

Nina Whitehurst
Nina Whitehurst answered on Feb 11, 2020

A joint tenancy cannot be broken by a will. When one of the siblings dies his or her share will pass to the others pursuant to the survivorship aspect of the existing vesting.

1 Answer | Asked in Consumer Law and Business Law for West Virginia on
Q: this is a question about online shopping. I put an item in my cart and continued to shop the sale on the website.

i did not leave the website and was continuing to shop the sale for 20 minutes or so. when i went to pay for the item in question, the system stated the item was no longer available. they sold it out from under me even though i had placed the item in my cart. this is akin to being in a store with... Read more »

Tim Akpinar
Tim Akpinar answered on Feb 10, 2020

There doesn't seem to be anything illegal about this. It isn't against the law to operate an online shopping website where inventory isn't well coordinated with shopping carts of customers. It isn't a good business practice, but it shouldn't be against the law, unless... Read more »

1 Answer | Asked in Products Liability, Car Accidents, Insurance Bad Faith and Juvenile Law for West Virginia on
Q: If i am 17, almost 18 and i allowed a 14 year old to drive on back roads periodically, what trouble would i get into?
Peter N. Munsing
Peter N. Munsing answered on Feb 7, 2020

A citation, possibly loss of use of your vehicle. If you want to teach them do it on private property where there are no other vehicles. It's possible you could also be charged with endangering a minor, which can be a serious problem. Let an adult do the drivers ed.

1 Answer | Asked in Estate Planning for West Virginia on
Q: What’s happens if someone listed in heir(sister) in incarcerated and cannot sign paperwork needed for mother’s last pay?

Mother was a Virginia state employee. Probate in West Virginia. No will. Listed heir is myself, sister, and deceased sister’s two daughters by West Virginia law.

Nina Whitehurst
Nina Whitehurst answered on Jan 28, 2020

Usually it is possible to make an appointment to visit an incarcerated person, and you can even slide papers to them through a slot for them so sign. You might want to think about asking the incarcerated person to sign a power of attorney as well in order to make things easier in the future.

1 Answer | Asked in Products Liability and Communications Law for West Virginia on
Q: Directv removed my DNS channels 389 to 399 without my consistent there policy says they can do this but notify me

All I want is my channels back that I’m paying for on my bill

Tim Akpinar
Tim Akpinar answered on Jan 26, 2020

This is something you shouldn't need to pay a lawyer to do. Contact their customer service dept. and try to resolve it through them. Good luck

Tim Akpinar

Q: Is there a law against the compound tetrahydrocannabinol to make it illegal?

I would like to know if it would be illegal to obtain the compound THC, there are laws against weed, however THC is just one compound found in marijuana among many others in the plant. If you were to order online pure or extract THC from a different plant would this be legal? Example: LSD is... Read more »

Mark Ryan Thiessen
Mark Ryan Thiessen answered on Jan 6, 2020

So West Virginia law is still governed by Federal US law. THC is still illegal, but some states have legalized CBD and most states can't test the difference between CBD and THC and the concentrations. Unless you are in a state that has legalized marijuana, then ordering THC online is still... Read more »

1 Answer | Asked in Environmental for West Virginia on
Q: What can I do about people driving by my house and throwing their trash in my yard? WV
Tim Akpinar
Tim Akpinar answered on Dec 28, 2019

Unfortunately, it isn't really something for which there is an environmental law fix. It's more a matter of common courtesy. You could try posting signs. Good luck

Tim Akpinar

1 Answer | Asked in Tax Law and Real Estate Law for West Virginia on
Q: What are the options to avoid paying a significant amount of taxes on a flip profit of approximately $60,000 each?

A friend and I plan to purchase a property from an individual who owes taxes on it and cannot pay them. We would purchase it for $15,000 and plan to invest $30,000 to renovate it. I have read about short term gains and taxes owed when owning it for less than a year, 1 year or no taxes if it was... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Dec 20, 2019

You've successfully confused all the tax rules at one time. I'm a little impressed.

1. Personal residence exclusion is not an option unless you want to move into it and live there as your primary residence for at least 2 years.

2. A house is a capital asset so if you own...
Read more »

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