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West Virginia Questions & Answers
Q: Do I need my name on my stepdad's bank accounts if I have power of attorney?
I have medical and financial power of attorney for my stepdad, who I care for since the passing of my mother three years ago. His sister currently manages his finances and is on both his checking and savings accounts. I am unsure whether I need to add my name to these accounts, given my power of... View More 
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Anthony M. Avery
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answered on Nov 4, 2025
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answered on Nov 4, 2025
Any transfer of the account's funds over to you is presumptively fraudulent as you are in a confidential relationship with the principal as his attorney in fact agent. If stepfather wants you to have access to his money, then get him to put you on the signature card. Then when you take... View More
Q: How do we transfer a deed in WV and the cost involved?
My nephew has a contract on a house in West Virginia that he doesn't want. I intend to pay off the house, and once that's done, he plans to transfer the property to me. How can we transfer the deed, and what costs are associated with this process?
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Anthony M. Avery
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answered on Sep 30, 2025
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answered on Sep 30, 2025
You are not guaranteed that once you make the final payments the landowner will deed the land to nephew.
Get Deed drafted to present to him for payment in full. If he refuses to convey, or files a detainer action prior to this, then nephew must sue him for breach of contract. Also... View More
Q: Arrested for DUI with drugs in my system while sober, stopped for defective equipment.
I was arrested for DUI and subsequently charged because I had drugs in my system. At the time of my arrest, I was sober, and the reason for the stop was a defective equipment violation (a broken side mirror).
Dayton Meadows
answered on Oct 17, 2025
answered on Oct 17, 2025
If you were stopped for a broken mirror or other equipment issue and later charged with DUI after a drug test, several key facts need to be developed before determining whether the stop and arrest were lawful. We’d need to review the officer’s report, body-cam footage, and test results to see... View More
Q: How can my friend apply for asylum and what steps are involved?
I have a friend who is facing poverty and danger in his home country and wants to seek asylum in the U.S. He might need to file an Application for Asylum (Form I-589). Can you provide guidance on how he can apply for asylum, what documentation he might need, and what legal steps are involved in... View More
Chelsea E Walker
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answered on Jun 10, 2025
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answered on Jun 10, 2025
Before anything else, the first question your friend needs to answer is whether they are currently inside the United States or still abroad. Asylum can only be requested by individuals who are physically present in the U.S. or arriving at a port of entry. If your friend is still outside the... View More
Q: Is it illegal for my employer to read my personal text messages between me and my father on our personal cell phones?
Is it legal for my boss the owner of the company to read personal text messages from me and my dad’s personal cell phones just because somehow my dad’s phone got linked to the main office computer? (They fired me over the messages)We both work for the company and he told me that my main... View More
Cathleen Ann Scott
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answered on Feb 10, 2025
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answered on Feb 10, 2025
It is generally illegal for your employer to read your personal text messages between you and your father if they are on your personal cell phones. Employers typically do not have the right to access personal communications on personal devices unless you voluntarily give them access or there is a... View More
Q: My sister switched my dad's Hernia mesh lawsuit to her name, I took care of him, he passed will she get it all
D. Michael Burke
answered on Sep 2, 2024
answered on Sep 2, 2024
Not in West Virginia. Your sister apparently was appointed the Administratrix (the female version of an administrator) of your father's estate, or was named the executrix of his will. Her job is to act on behalf of his estate, and as one of his beneficiaries, you are entitled to make a claim... View More
Q: my dad went into cardiac arrest and the doctor didn't do anything to help him he let him die
my dad ended up in er on july 28,2024 doctor told us his sodium was low an that he would make a full recovery but it was a very lengthy treatment but it was fixable and then 20 minutes later he came in to tell us that we needed to do comfort care which they never did , my dad went into cardiac... View More
Tim Akpinar
answered on Aug 22, 2024
answered on Aug 22, 2024
A West Virginia attorney could advise best, but your question remains open for three weeks. I'm very sorry for the loss of your dad. You say you are contemplating legal action - you could consider reaching out to law firms in your state to try to set up a free initial consult. A law firm would... View More
Q: I picked my mom up from the nursing home to visit family. She had deep ligature marks on her throat. What should I do?
I took her to the ER the next morning. The doctor would not confirm they were ligature marks although they were deep and clearly visible. I felt that he didn't want to get involved so suggested I bring her in the following morning to see her primary care doctor, which I did. Her primary care... View More
Tim Akpinar
answered on Aug 14, 2024
answered on Aug 14, 2024
A West Virginia attorney could advise best, but your question remains open for a week. I'm sorry your mother sustained such alarming and disturbing injuries. You did the right thing by getting her out of there. Your post mentions that you ran out of characters. Regardless of what you were... View More
Q: If I won in court to get deed on property how long did they have to give it to me
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Anthony M. Avery
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answered on Jul 22, 2024
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answered on Jul 22, 2024
Your lawyer should have already prepared a proposed Order for the Court concerning your Judgment, and proffered it to the Court. After entry of the Judgment, your lawyer needs to draft a Deed and send it to the Defendants for execution. If they refuse, move the Court for the Court Clerk to... View More
Q: My mother owned 45% of stock in an llc. Her estate is in probate. Can part of land of llc be sold without a vote?
John Michael Frick
answered on Jul 12, 2024
answered on Jul 12, 2024
The LLC can sell the land whenever it wants to. The Company Agreement of the LLC will indicate who has authority to take action like selling its land.
Remember that the land itself is not part of your mother's probate estate. It is owned by the LLC. Company Agreements typically... View More
Q: Can I sue the Hospital for a misdiagnosis?
About 14 years ago I was Diagnosed with Ulcerative Colitis I went through Treatment after Treatment one after another they failed I had multiple scopes done and it was the same result as the years went my condition got worse I missed lots of school, missed holidays, sports, and time with friends... View More
Tim Akpinar
answered on Jul 2, 2024
answered on Jul 2, 2024
A West Virginia attorney could advise best, but your question remains open for a week. I'm sorry for your ordeal. Your sentiments are understandable. The best thing for you to do would be to try to arrange a consult with a med mal law firm in West Virginia. Free initial consults and... View More
Q: Their is a homeless shelter in Beckley West Virginia that's called pine Haven's I want to suit them.
They keep the place dirty the heat is unbearable too
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James L. Arrasmith
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answered on Jun 26, 2024
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answered on Jun 26, 2024
I understand you're unhappy with the conditions at the Pine Haven homeless shelter in Beckley, West Virginia. Before considering legal action, here are some steps you may want to consider:
1. Document the issues: Keep a detailed record of the problems you've observed, including... View More
Q: I received a call and am not sure if it's a scam or something I need to deal with.
I had a message on my answering machine with a name and possibly company I couldn't understand, saying that it was a final attempt to serve a court summons and that someone over 18 needed to be here to sign and that failure to call back would result in fines and penalties under Title 18... View More
John Michael Frick
answered on May 28, 2024
answered on May 28, 2024
First, it is not uncommon for a process server to call a person on whom they are serving a summons to arrange a convenient time to deliver the summons.
Second, it is not uncommon for scammers to use this type of call as a ploy to find out when you are home, usually to burglarize you at a... View More
Q: I received a call and am not sure if it's a scam or something I need to deal with.
I had a message on my answering machine with a name and possibly company I couldn't understand, saying that it was a final attempt to serve a court summons and that someone over 18 needed to be here to sign and that failure to call back would result in fines and penalties under Title 18... View More
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Anthony M. Avery
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answered on May 28, 2024
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answered on May 28, 2024
You do not have to make yourself available to receive the summons and complaint. But you cannot attack the process server either. And intentionally avoiding service gives the plaintiff grounds to serve you by publication. If you get served, then hire an attorney. If not, forget about it.
Q: What happens to funds from an inheritance check, made out to the principal of a POA, that was deposited into POA account
As my grandmother’s POA, If I opened a savings account, solely in my name,
(to be used for her medical expenses/personal care items)
& deposited an inheritance check made out in my grandmother’s name; what happens to the funds remaining in account after she passes?
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Nina Whitehurst
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answered on May 19, 2024
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answered on May 19, 2024
I would caution you against depositing a check made payable to your grandmother into an account that is in your name. That will look very much like theft or conversion. And that is the case even if you really only do use the money for your grandmother’s benefit. It is very risky for you.... View More
Q: As my grandmothers poa, what can I do with an inheritance check for her?
My grandmother was recently named my grandfathers heir for a quitclaim and will be receiving a disbursement check. She is on programs that are income based (housing/caregiver) and cannot have a lump sum of money in her bank or attached to her name. I am to sign paperwork on her behalf and to... View More
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James L. Arrasmith
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answered on May 18, 2024
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answered on May 18, 2024
As your grandmother's Power of Attorney (POA), you have a fiduciary duty to act in her best interests. Given her situation with income-based programs, it's essential to handle the inheritance money carefully to avoid jeopardizing her benefits. Here are a few options to consider:... View More
Q: Can my new vehicle contract be changed after leaving the dealership? I was charged for optional items I was unaware of.
The finance person did not give me the choice if I wanted the optional services added to my purchase. As she went over everything she said "you will get" never saying they are optional and have a additional charges. I noticed next day which was the weekend. I was told she would not be... View More
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James L. Arrasmith
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answered on Apr 21, 2024
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answered on Apr 21, 2024
In many cases, it is possible to have your vehicle contract modified after leaving the dealership, especially if you were charged for optional items without your explicit consent. Here are a few steps you can take:
1. Contact the dealership: Reach out to the finance manager or the general... View More
1 Answer
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Federal Crimes, Libel & Slander, Personal Injury and Criminal Law
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Q: i have proof beyond my word, of pattern of abuse began in 2020 from law enforcement, since it is a continual injury are
since the pattern is continued and since 2020, are the statute of limitations for this injury 2 years or doest the clock start ticking after the last act that happened in the pattern or the first act in the pattern ?
i have a long pattern very detailed evidence, video texts their own... View More
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James L. Arrasmith
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answered on Apr 16, 2024
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answered on Apr 16, 2024
I'm so sorry to hear about the abuse and harassment you've been experiencing from law enforcement since 2020. That sounds incredibly difficult and traumatic to go through. No one should have to endure that kind of mistreatment, especially from those sworn to protect and serve.... View More
Q: Do I have any grounds for a defense against an Unlawful detainer in west Virginia?
Was invited to move in with a friend, who I then agreed to an amount to be paid for rent. This person also provided a letter to dhhr in order to provide proof of residence and payment of rent so I could receive snap benefits. I then received a summons over 60 days after I had moved in from the... View More
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James L. Arrasmith
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answered on Apr 16, 2024
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answered on Apr 16, 2024
Based on the information you've provided, there are a few potential grounds for defense against an unlawful detainer action in West Virginia:
1. Landlord-tenant relationship: If you can establish that a landlord-tenant relationship exists between you and the property owner (e.g.,... View More
Q: I was issued a citation on 4-7 & I had till 4-19, on 4-15 @ 3am police came to my home to arrest me for same offence,
They said they have a warrant and that I ran, which I didn't. Is that legal? I called the court as instructed to take care of the citation and was told it wasn't turned in yet which wasn't uncommon&to call back in a day or two. I left a message with the issuing officers voicemail, what do I do?
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James L. Arrasmith
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answered on Apr 15, 2024
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answered on Apr 15, 2024
Based on the information you've provided, it seems there may have been a misunderstanding or miscommunication between the police department and the court system. Here are a few steps you can take to address this situation:
1. Document the details: Write down the dates, times, and names... View More
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