Who should be listed as petitioners on a partition lawsuit in WV?
Detailed Answer Short answer: The petitioners in a West Virginia partition lawsuit should be the person or persons who hold a present legal interest in the property and who ask the court to divide or sell it. That typically means the record owners (co-owners) who want partition; it can include multiple co-owners acting together. When […]
Read article →How do we decide on the right demand amount for my broken arm injury? (WV)
Detailed Answer — How to choose the right demand amount for a broken arm injury under West Virginia law This FAQ explains how to set a fair, well-documented settlement demand after a broken arm (forearm, wrist, or elbow fracture) in West Virginia. It uses simple hypotheticals to show the usual calculation methods, documents you should […]
Read article →What can I expect as a timeline for an initial insurance offer after we send a demand? (WV)
Detailed answer This article explains what you can generally expect after you send a settlement demand to an insurer in West Virginia. This is educational only and not legal advice. If you need specific guidance for your claim, contact a West Virginia attorney. Is there a fixed legal deadline for an insurer to make an […]
Read article →What Happens if a Will Is Lost or Destroyed in WV?
Detailed Answer — When a Will Is Lost or Destroyed under West Virginia Law Short answer: In West Virginia, a will that is lost or destroyed can still be admitted to probate, but the person seeking probate must prove the will’s contents and show it was not revoked. The court requires strong evidence—typically witness testimony […]
Read article →How can a personal representative confirm that a probate proceeding has concluded and a trust has been properly funded? — WV
Detailed Answer Overview. When a person acts as a personal representative (executor or administrator) of a West Virginia estate, two distinct issues commonly arise: (1) knowing when the probate case is officially closed, and (2) confirming that any trust intended to receive estate assets has actually been funded. Both steps protect the representative and the […]
Read article →Which financial powers can be granted through a power of attorney during incarceration? (WV)
Which financial powers can be granted through a power of attorney during incarceration? This FAQ explains what financial powers a person in West Virginia can give to an agent by power of attorney (POA) if they are going into jail or prison, what limits exist, and practical steps to create a reliable document. Short answer […]
Read article →What formal requirements ensure a power of attorney executed in prison is legally valid in West Virginia?
FAQ: Formal requirements that make a power of attorney executed in prison legally valid in West Virginia Detailed Answer Short answer: A power of attorney (POA) signed by an incarcerated person in West Virginia must meet the same statutory formalities as a POA signed outside prison, and it must also comply with the prison’s procedures […]
Read article →Can I resume medical care after a gap in treatment and still seek compensation for my injuries? (WV)
Resuming Medical Care After a Gap: Can You Still Seek Compensation in West Virginia? This FAQ explains, in plain language, what happens if you stop medical treatment for a time after an injury and later resume care. It covers how West Virginia law treats gaps in treatment, what impact a gap can have on your […]
Read article →How does the diminished value process work if I do not own my car? (WV)
FAQ: Diminished Value When You Don’t Own the Car (West Virginia) Disclaimer: This article is for general informational purposes only and is not legal advice. Laws change and facts matter. Consult a West Virginia attorney to get advice tailored to your situation. Detailed answer: who can claim diminished value if you don’t own the car? […]
Read article →Do wrongful death proceeds pass in accordance to the Decedent's Last Will and Testament? – WV
Do wrongful death proceeds pass in accordance to the Decedent's Last Will and Testament? (WV) Detailed Answer — How West Virginia law treats wrongful death and related proceeds Short answer: generally no — proceeds recovered in a wrongful death action are for the benefit of the decedent’s surviving relatives and are distributed under West Virginia’s […]
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