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West Virginia Questions & Answers
1 Answer | Asked in Tax Law for West Virginia on
Q: Roth IRA Contribution and Withdrawal Question with AGI greater than $214,000 (2022)

I have a traditional federal govt retirment account and a Roth IRA which I started in 2022. Im also over age 60 in 2022. I made contributions not knowing that my household income would exceed the IRA limit. I have not filed my tax return for 2022. I requested a Roth IRA withdrawal for the exact... View More

James L. Arrasmith
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answered on Mar 4, 2023

If you have made a contribution to a Roth IRA for tax year 2022 and your modified adjusted gross income (MAGI) exceeds certain limits, you may be subject to an excess contribution penalty tax. For tax year 2022, the phase-out range for Roth IRA contributions for individuals filing as single or head... View More

1 Answer | Asked in Estate Planning and Probate for West Virginia on
Q: If you're incarcerated can you still keep your inheritance that you inherited in the will
Anthony M. Avery
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answered on Dec 19, 2022

Being in prison does not forfeit your rights of inheritance. But it is difficult to get what is yours. Hire a competent lawyer to assert your claims, and be cognizant of Exemption Rights if there are claims against you. The lawyer can hold your money in trust until you get out on Parole.

1 Answer | Asked in Car Accidents for West Virginia on
Q: I was at a stop sign behind a city dump truck driver. He backed into my car. Possibly totaled. What do I do?

I arrived behind a city dirt dump truck at a stop sign. He seen people he knew in the parking lot beside him and decided to change course. He put his truck in reverse and slammed into me. I'm missing multiple days of work, as well as having to pay 3$ a day rental fee, and I just bought my car... View More

Tim Akpinar
Tim Akpinar
answered on Dec 17, 2022

A West Virginia attorney could advise best, but your question remains open for two weeks. One option is to file a claim or lawsuit. Until you're able to consult with a local attorney, keep in mind that as a general matter nationwide, there could be short deadlines for bringing claims against... View More

1 Answer | Asked in Bankruptcy for West Virginia on
Q: If a cram down in paid in full during a Chapter 13, is the loan considered paid upon a dismissal of Chapter 13?

In my Chapter 13 I had a cram down on one of my vehicles. While in the plan, the amount agreed to was paid in full. About a year later, I voluntarily dismissed my Chapter 13 and wanted to know where that vehicle stands as far as being paid off or not.

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Nov 15, 2022

In a Ch. 13 proceeding, an Order of general discharge is entered upon completion of the confirmed Plan. If you dismissed before that time, no Discharge of debt was entered. As a result, upon dismissal, you were returned to the position you were in immediately prior to the filing of the... View More

1 Answer | Asked in Civil Rights, Federal Crimes and Gov & Administrative Law for West Virginia on
Q: who can help me when i am suffering violent crimes since 2020 the sheriff wont let me report when i try i get a charge

jan 5 2020 - hit unconscious with a baseball bat - med help sent away. man only chargfed w obstruction no mention of me or my 911 calls

aug 5 2020 hit in back of the head 12 times

falsely arrested me , 40 years of felonly no criminal record cased was disposed

falsely... View More

James L. Arrasmith
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answered on Apr 11, 2024

Please don't give up. Keep reaching out until you get the help and protection you need. Document everything that has happened with as much detail as you can. Your safety is the top priority. I hope you're able to connect with caring people and organizations who will support you through... View More

1 Answer | Asked in Personal Injury, Civil Rights, Constitutional Law and Domestic Violence for West Virginia on
Q: I am disabled and living in kanawha county, West Virginia. What do I do if I’m being abused by the police? Who can help

I’ve been legally evicted three times and homeless for over a year and now I’m at risk again for homelessness due to the harassment and abuse of power from the local sheriffs department. I need an advocate I’m disabled to help me through the judicial system. I don’t know where to start. I... View More

James L. Arrasmith
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answered on Mar 12, 2024

I'm so sorry to hear about the abuse and harassment you've been facing from law enforcement, especially while dealing with domestic violence and homelessness. You have the right to safe and stable housing, and there are organizations that can help advocate for you. Here are some steps you... View More

1 Answer | Asked in Bankruptcy for West Virginia on
Q: Is there any Bankruptcy lawyers in the Peterstown area?
James L. Arrasmith
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answered on Feb 24, 2024

Finding a bankruptcy lawyer in a specific area like Peterstown, West Virginia, can sometimes be challenging, especially if it's a smaller town. However, there are several ways you can search for a bankruptcy attorney who serves that area. First, you can try conducting an online search using... View More

1 Answer | Asked in Education Law, Personal Injury and Workers' Compensation for West Virginia on
Q: I’m a teacher of 3 years. At no time during my education or training was I informed that my mental and physical health

would be at risk on a daily basis. I’m 63 with no hope of any job of equitable pay and benefits. I’m struggling through every day. I’ve been pushed into a door and had materials thrown at me. I’m mocked and insulted daily by students and parents. Can I sue my university or county for... View More

Tim Akpinar
Tim Akpinar
answered on Feb 8, 2024

A West Virginia attorney could advise best, but your question remains open for three weeks. I'm sorry for your ordeal. One option for you to learn about your rights and options here could be to reach out to workers' comp attorneys, who generally offer free initial consults. They are... View More

1 Answer | Asked in Personal Injury and Medical Malpractice for West Virginia on
Q: Can I sue if I was prescribed a medicine for 3 years that is me t to take for only 5 weeks to a year? I

It's caused me a lot of problems that caused pain n damage plus has a side effect that added to a already underlining problem I already have . Even after multiple hospital trips and further test from Dr to determine new issues I was still being prescribed the medicine .after learning the... View More

Joel Gary Selik
Joel Gary Selik
answered on Jan 11, 2024

Yes this is a potential case. Malpractice is where the doctor acts against the standard of care. Another doctor would have to review and give that analysis. The extent of your harm may determine the viability of the case.

1 Answer | Asked in Personal Injury, Civil Litigation, Health Care Law and Medical Malpractice for West Virginia on
Q: If I have malpractice claim should I do ot before disability

Near bankruptcy

Tim Akpinar
Tim Akpinar
answered on Dec 5, 2023

A West Virginia attorney could advise best, but your question remains open for two weeks. This is actually something that your own attorney(s), if you have them for the malpractice, disability, and bankruptcy actions, should answer, as it could go to the issue of their approach and strategy. This... View More

1 Answer | Asked in Real Estate Law for West Virginia on
Q: Can one land owner close a property that has been used as a rightaway for over 25 years?
Anthony M. Avery
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answered on Nov 13, 2023

That is a method to terminate an easement. The offended adjoining landowners must file suit to declare their easement rights in the servient estate. Hire a WV attorney now.

1 Answer | Asked in Animal / Dog Law for West Virginia on
Q: What is WV law with rabies shots for dogs
T. Augustus Claus
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answered on Nov 10, 2023

all dogs three months of age or older must be vaccinated against rabies by a licensed veterinarian. The vaccination must be repeated every one to three years, depending on the type of vaccine used.

1 Answer | Asked in Civil Rights and Collections for West Virginia on
Q: Hello, I received a Civil Complaint for a Judgment in the amount of $13,165.22 for a credit account.

I am not sure what I am suppose to do. Should I reach out to the person that filed it to see what we can do outside of court?

Joel Gary Selik
Joel Gary Selik
answered on Nov 1, 2023

You can contact the filer or the creditor to see if you can settle the case.

You must also file an appropriate legal document with the court. Consult with debt collection defense attorneys in the state where this occured.

1 Answer | Asked in Estate Planning and Real Estate Law for West Virginia on
Q: With a VA loan can the beneficiary pay it off or does it revert back to the va?
Anthony M. Avery
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answered on Oct 30, 2023

I do not understand your question... But the beneficiary is the noteholder/lender. VA guarantees the loan to the lender. Any payoffs go to the noteholder unless the VA has already took over from a note default, and then VA gets payoff but usually forecloses first.

1 Answer | Asked in Real Estate Law for West Virginia on
Q: Real estate question is this legal? Please see more info

My business purchases a property with another business and they are renting it out. Is that legal?

Anthony M. Avery
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answered on Oct 4, 2023

Assuming the owners are tenants in common, either TIC can lease the property. The unpaid TIC can sue the other for contribution. A suit for a Sale For Partition may be necessary.

1 Answer | Asked in Employment Discrimination and Employment Law for West Virginia on
Q: Started work on 5/1 for the state of WV. Had a seizure AT work 5/5 morning. Got fired 6/14. Fired for reasons from seizu

Started work on Monday working for the state of WV.

Had a seizure AT work Friday morning of the same week.

Coworkers heard me hit my head off of desk/computer as I was seizing. Called 9-11 and went to ER by ambulance.

Returned to work on Monday (2 days later)... View More

Cynthia Pietrucha
Cynthia Pietrucha
answered on Sep 28, 2023

You may have a disability discrimination case. Check with a lawyer in your state to understand your rights under WV law. You can also contact lawyers out of state to understand your rights under federal law. Best of luck!

1 Answer | Asked in Civil Litigation for West Virginia on
Q: I live in West Virginia—surface and rainwater flow onto mine from my neighbor's property, which is uphill to me.

This creates a swampy condition in my yard. Is my neighbor responsible for diverting the water, or is it my responsibility to put in drainage features?

Tim Akpinar
Tim Akpinar
answered on Sep 27, 2023

A West Virginia attorney could advise best, but your question remains open for two weeks. At this point, you could continue to await a response, or consult with attorneys who deal with water rights (surface water in this case). It's a narrow area - you might start with asking attorneys who... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for West Virginia on
Q: Can the owners of the lot next to mine claim ownership of part or all of my property?

The owners of the lot next door to mine are using a driveway across my property to access their cabin even though there is a driveway on their property. Yesterday I found that they had put their address sign on the driveway on my property. I took it down and they called and gave me a sad story that... View More

Anthony M. Avery
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answered on Aug 14, 2023

Adverse Possession of some of your property is possible here. Hire a WV attorney to search both titles, and possibly hire a surveyor. You may need to file suit for a Boundary Dispute, Injunction, Quiet Title, Declaratory Judgment, etc.

1 Answer | Asked in Appeals / Appellate Law for West Virginia on
Q: In wv, what happens if you win an appeal twice in the same case? Will the supreme court remand the case a second time?

This is an abuse and neglect case. My rights were terminated, on appeal, the wv supreme court vacated the termination and remanded the case. Now the circuit court is making the same reversible error the sc remanded the case for. Will they remand it again with the same opinion? I'm worried my... View More

Charles William Michaels
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Charles William Michaels
answered on Jun 16, 2023

The trial court and the prosecutor are bound by the appellate court's opinion and order. If the trial court acts in a way that shows non-compliance with that order, the trial court risks censure.

1 Answer | Asked in Medical Malpractice for West Virginia on
Q: I was given a medication for vomiting and i had reaction that stopped my heart I was in icu completely sedated for over

24 hours they ran test and ruled it out that the medication Compazine caused anaphylactic shock causing my heart to stop they did two rounds breaking my ribs and also now I have physical emotional and mental issues now from the injury.

Joel Gary Selik
Joel Gary Selik
answered on Jun 12, 2023

From what you state it is not clear there was malpractice. Malpractice means the doctor did something, or failed to do something, that any reasonable doctor would have done/not done. This must be evaluated by another doctor.

Consult with experienced attorneys in your state.

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