West Virginia Q&A by Practice Area

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West Virginia Questions & Answers
1 Answer | Asked in Animal / Dog Law, Civil Litigation and Personal Injury for West Virginia on
Q: What happens in a civil litigation if it consists of a animal bite.what steps will happen?
Brooks West II
Brooks West II answered on Oct 14, 2019

It depends. A personal injury case involving an animal bite can sometimes be settled just like a car accident type case before a lawsuit even needs to be filed. The first step would be to call an attorney experienced in dog bite cases and get a free consultation. Although dog bite cases can be... Read more »

1 Answer | Asked in Consumer Law, Business Formation, Business Law and Civil Litigation for West Virginia on
Q: Issue with electric provider

My electric provider states that I added the incorrect payment information and therefore is denying me the ability to correct my incorrect payment information, will not allow me to pay by phone, and is only giving me the option of paying in person. Do I have any legal recourse? Also there is a... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 6, 2019

I'm sorry for your ordeal with your electric bill. The Public Service Commission of West Virginia oversees public utilities - electric, gas, water, etc. Maybe you could contact them and ask if there is anything they could do to help.

Their website is: http://www.psc.state.wv.us/...
Read more »

1 Answer | Asked in Estate Planning and Probate for West Virginia on
Q: WV law states that a will must be signed in front of two witnesses. Would the spouse's and notary's count as two?
Nina Whitehurst
Nina Whitehurst answered on Sep 13, 2019

No. An interested party cannot be a witness, nor can the notary. Find two individuals who are unrelated, not inheriting under the will, and not also serving as notary.

1 Answer | Asked in Criminal Law for West Virginia on
Q: My dad passed away and had no will the case went through probate I have 2 brothers and was awarded 100% of the estate .

Am I in tilted to everything dad owned at his death. Cars trucks money in CDs at the bank life insurance.

Gary Kollin
Gary Kollin answered on Sep 13, 2019

entitled?

Speak with the probate lawyer

1 Answer | Asked in Probate for West Virginia on
Q: Regarding Non Probate - I'm seeing that includes Life Insurance that pays out to someone other than the executor or adm

What is policy for Life Insurance paid to the Executrix?

Nina Whitehurst
Nina Whitehurst answered on Sep 10, 2019

It is hard to understand what your question actually is, but life insurance is handled outside of probate. Whoever was named as the beneficiary of the policy gets the proceeds, period. It makes no difference whether that individual happens to be the executrix of the decedent's will or not.... Read more »

2 Answers | Asked in Civil Rights, Collections and Constitutional Law for West Virginia on
Q: What happens if I don’t pay the emergency service fee
Gary Kollin
Gary Kollin answered on Sep 6, 2019

You can have it reported to collections and you can be sued

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1 Answer | Asked in Elder Law and Estate Planning for West Virginia on
Q: How do I protect my assets from Elder care professionals?

I want to get information about estate planning.

Nina Whitehurst
Nina Whitehurst answered on Sep 5, 2019

Your best bet is to call an elder law attorney in your area and tell him or her that you are interested in pursuing Medicaid pre-planning.

1 Answer | Asked in Energy, Oil and Gas for West Virginia on
Q: Hello, Can you tell me how to get in touch with a good mineral oil and gas lease?
Tim Akpinar
Tim Akpinar answered on Sep 4, 2019

You could go to the Find-a-Lawyer tab above and choose Energy, Oil & Gas, and then select West Virginia. That should present you with attorneys listed in this site. You could also conduct your own independent searches. You could also contact the West Virginia State Bar to see if they could assist... Read more »

Q: I need a oil and gas lease looked at , can anyone help me?
Tim Akpinar
Tim Akpinar answered on Aug 30, 2019

For something of that scope and depth, you'd be best off contacting attorneys on your own. You could use the Find-a-Lawyer tab above, or conduct your own independent searches. An attorney would probably want to thoroughly review the lease and discuss it with you, while the format here is... Read more »

1 Answer | Asked in Criminal Law, Animal / Dog Law, Civil Rights and Municipal Law for West Virginia on
Q: There was an arrest warrant completely filled out and signed by Magistrate and a search warrant with unfilled blanks

I was told that they had a warrant for my arrest never told me I was under a rest nor Read Me My Rights after they handcuffed me

Is it illegal arrests according to West Virginia law

Gary Kollin
Gary Kollin answered on Aug 18, 2019

already answered

1 Answer | Asked in Civil Rights for West Virginia on
Q: Does the 4 amendment give me the right to say good by to my dead 22year old son in a private room without being interupt

By police without a weren't they burst in demanded his cell phone when we hesitated he arested everyone in the room and took us to jail

Gary Kollin
Gary Kollin answered on Aug 18, 2019

I do not understand what you are asking,. Do you mean warrant?

1 Answer | Asked in Criminal Law, Real Estate Law, Animal / Dog Law and Civil Rights for West Virginia on
Q: officer brings a warrant for your arrest and does not tell you you're under arrestt or read you your rights is it legal

The search warrant had fun filled in blanks

Gary Kollin
Gary Kollin answered on Aug 18, 2019

Was it an arrest warrant or a search warrant? What does fun mean?

Unles a statement is being taken from you, then rights do not have to be read. Urban legend

1 Answer | Asked in Contracts and Real Estate Law for West Virginia on
Q: How does a cash sale work on a for sale by owner home, selling AS IS?

I own a home in WV outright. I have it listed AS IS for sale by owner online and someone gave me a cash offer. I inherited the home and I have never bought or sold a house so I'm not sure how this works. What steps do I need to take to go through with the sale and how do I protect myself legally... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 16, 2019

The first step you take is to hire a lawyer to advise you before you screw up this deal for good.

1 Answer | Asked in Criminal Law for West Virginia on
Q: How can I find out when someone has an up coming court date?
Gary Kollin
Gary Kollin answered on Aug 9, 2019

Contact the clerk ‘s office

1 Answer | Asked in Car Accidents for West Virginia on
Q: How long do you have to file a claim against someone

Neighbor across the road let a young boy operate an ATV side by side when he parked it in their driveway did not set break ATV rolled out of driveway which is sloped came down road slammed into my car uninsured would not cover because it was in my driveway I have dealt as a good neighbor thinking... Read more »

D. Michael Burke Esq
D. Michael Burke Esq answered on Aug 9, 2019

You have two years from the date of the wreck to file a suit in court.

I cannot tell from your message if two years have passed or not; you wrote "a little of two years has not can i still file . . ."

I would check your auto insurance policy to see what it says about your car being...
Read more »

1 Answer | Asked in Contracts for West Virginia on
Q: If you sign your car title but include a bill of sale that states they are to make payments with a witness signature.

If they fail to do so can I use my copy of bill of sale to get my car back if they did not pay according to our agreement via text, bill of sale, and verbally

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 5, 2019

No. The car is gone. Why? Because the title to the car now proves the car belongs to the person you think you sold it to; the signed promissory note merely will allow you to sue them for the money they owe. Why on earth did you give them a good title?

2 Answers | Asked in Immigration Law for West Virginia on
Q: If I marry someone from the UK then come back to the US for a year to finish my degree, what visas would we need to get?

He lives in the UK (Northern Ireland) now, the wedding would likely be there next summer. I’m from the US and would be halfway through my Masters program (only one year left until it’s finished). After I finish my degree we would move to the UK.

I’m trying to figure out what visa I... Read more »

Kevin L Dixler
Kevin L Dixler answered on Jul 31, 2019

That is best answered at an appointment with competent and experienced immigration attorneys. There are two sets of laws, one U.K. immigration law and the other U.S. immigration law. Most nations require conditional/permanent resident/landed immigrant status before you can seek citizenship by... Read more »

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1 Answer | Asked in Criminal Law for West Virginia on
Q: Been accused of touching my granddaughter inappropriately the police wants me too take a lie detector should I or not
Gary Kollin
Gary Kollin answered on Jul 24, 2019

If the police believed you didn’t do it, they would not request a polygraph.

Stop playing with Fire and being penny wise and dollar foolish..

You NEED to retain counsel.

1 Answer | Asked in Car Accidents for West Virginia on
Q: I was coming around a curve and clipped mirrors with another vehicle on a one lane road with no yellow lines.

The cop didn’t write me a ticket at the scene and only my took my information down. Will I receive a ticket? The cop never said who was at fault.

Peter N. Munsing
Peter N. Munsing answered on Jun 19, 2019

No reason you should--or not. Follow the path of the ancient sage, Lei Lo

Seriously, if you get a citation, plead not guilty if you think you were on your side of the imaginary center line. Do not give a statement to the other person's insurance if they call. They'll sound all friendly but...
Read more »

1 Answer | Asked in Contracts and Real Estate Law for West Virginia on
Q: I'm interested in selling, on installment payments, vacant land in West Virginia that I own outright.

I would prefer to use a Land Contract with installment payments specified and a forfieture clause defined. The land contract would not be recorded. Conveyance would only occur after all payments were made as defined in the contract. If the Buyer defaults on the contract due to non-payment, is a... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 6, 2019

Unless West Virginia is way behind the times you should know that the use of unrecorded land contracts (a/k/a contracts for deed) for the sale of land owned free and clear are getting more and more rare--probably because the land buyers of today are becoming smarter and smarter. But hey: if you can... Read more »

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