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West Virginia Questions & Answers
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.

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.

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