×
Go back to Martindale-Avvo ➔

West Virginia Recent Legal Answers from Lawyers

Want a good answer? Ask a thorough question starting with "Who, What, When, How, Will I or Do I".
Then, add details. This will help you get a quicker and better answer.
Question field is required
Explanation field is required
A valid US zip code is required Validating the Zip Code.
Question type field is required
Question type field is required
1
Ask a Question
2
Details
3
Submit
1
Ask a Question
2
Submit
Fullname is required
A valid email address is required.
Receive a follow-up from lawyers after your question is answered
A valid phone number is required
Select the best time for you to receive a follow-up call from a lawyer after your question is answered. (Required field)
to
Invalid Time

*Required fields

Question
Description
By submitting your question, you understand and agree to the Terms and Conditions and Privacy Policy for use of the site. Do not include any personal information including name, email or other identifying details in your question or question details. An attorney-client relationship is not being established and you are not a prospective client of any attorney who responds to your question. No question, answer, or discussion of any kind facilitated on this site is confidential or legal advice. Questions answered are randomly selected based on general consumer interest and not all are addressed. Questions may display online and be archived by Martindale-Hubbell.
193 legal questions have been posted about by real users in West Virginia. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. All topics and other states can be accessed in the dropdowns below.

Do you handle adult neglect

Answered 6 years and 6 months ago by attorney Terry Lynn Garrett   |   1 Answer
This is ordinarily a matter for adult protective services but from your description it is not clear whether it was self-neglect or neglect while in police custody.  Perhaps your probate attorney can advise you.
This is ordinarily a matter for adult protective services but from your description it is not clear whether it was self-neglect or neglect while in... Read More

My parents are both deceased,mom in 2000 and dad in 2009. Neither one had wills,and,my moms was never probated by my dad.

Answered 6 years and 6 months ago by attorney Terry Lynn Garrett   |   1 Answer
Contact a local probate lawyer.  You can find one on this list, using a Find a Lawyer function on your state bar website or by contact your county bar association.
Contact a local probate lawyer.  You can find one on this list, using a Find a Lawyer function on your state bar website or by contact your... Read More

My brother changed the locks

Answered 6 years and 6 months ago by attorney Terry Lynn Garrett   |   1 Answer
contact a local probate lawyer about probating your parents' estates and then putting the deed in both your names
contact a local probate lawyer about probating your parents' estates and then putting the deed in both your names

How do you make 2 deeds to property left in heirship to two last people on the deed

Answered 6 years and 6 months ago by attorney Terry Lynn Garrett   |   1 Answer
Contact a local real estate lawyer to make sure it is done correctly.
Contact a local real estate lawyer to make sure it is done correctly.

Can we get our property back?

Answered 6 years and 6 months ago by attorney Bruce Robins   |   1 Answer
You may be able to get your property back if the buyer knew or had reason to know of your option for example if you recorded it with the county clerk. as an interest in the property. If the buyer had no reason to know of your interest, however, you are probably limited to recovering money damages (the amount the value of the property exceeds $500) from your daughtee. ... Read More
You may be able to get your property back if the buyer knew or had reason to know of your option for example if you recorded it with the county... Read More

Can my niece recover money stolen by an Aunt out of her dad's bank account when he passed away?

Answered 6 years and 6 months ago by attorney Terry Lynn Garrett   |   1 Answer
Present the documents and the facts to a local civil litigation attorney.
Present the documents and the facts to a local civil litigation attorney.

im us citizen want to bring my father and his new wife and their adopted kids to USA

Answered 6 years and 7 months ago by attorney Stephen Arnold Black   |   1 Answer   |  Legal Topics: Immigration
Yes you can sponsor your dad, and when he gets his green card, he can turn around and sponsor his wife and children. Discuss with counsel. Counsel anywhere in the US can represent you. 
Yes you can sponsor your dad, and when he gets his green card, he can turn around and sponsor his wife and children. Discuss with counsel. Counsel... Read More

Coroner will not issue report

Answered 6 years and 9 months ago by attorney Terry Lynn Garrett   |   1 Answer
If your uncle left no spouse or children or parents, his siblings, including your father, are his next of kin. The law governing the estates of people who have died varies from state to state.  Some states have a special procedure for small estates.  A West Virginia lawyer can advise you on what to do.  Meanwhile, no one is obliged to make car or insurance or other payments.... Read More
If your uncle left no spouse or children or parents, his siblings, including your father, are his next of kin. The law governing the estates of... Read More

Do i have to sign over guardianship of my father to my step mom ? she say's its court ordered but i have not recieved any letter

Answered 6 years and 9 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Guardianship and Conservatorship
Only a Court can award a guardianship.  No one can sign it over to someone else.  Check with the local court to see whether you have been removed (which should not happen without notice.)
Only a Court can award a guardianship.  No one can sign it over to someone else.  Check with the local court to see whether you have been... Read More

juvenile parents and there rights

Answered 6 years and 9 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Guardianship and Conservatorship
Contact a local family lawyer.  Many states have a form of Temporary Power of Attorney allowing both parents to name someone to enroll their child in school, take him to the doctor, etc.  It is revocable at Will.
Contact a local family lawyer.  Many states have a form of Temporary Power of Attorney allowing both parents to name someone to enroll their... Read More

Bankruptcy

Answered 7 years ago by attorney Bankruptcy Attorney Mark J Markus   |   1 Answer   |  Legal Topics: Bankruptcy
I do not see a question here.
I do not see a question here.

I own a marketing agency. Someone I know shared their agency's contract with me. Am I able to use this contract after making a few modifications?

Answered 7 years ago by attorney Bruce Robins   |   1 Answer
If I understand you correctly, an acquaintance of yours voluntarily shared his contract template with you, with no agreement regarding confidentiality.  If so, I don't believe that you would face any claims of stealing intellectual property if you use the template to create your own contract, but the problem is that you (presumably) want the ocntract to reflect West Virginia law,  while the template you've received (presumably) reflects Florida law.  Although the law of Florida and West Virginia may be very similar, they are not identical, and you should definitely have a West Virginia attorney look over the template before you use it. ... Read More
If I understand you correctly, an acquaintance of yours voluntarily shared his contract template with you, with no agreement regarding... Read More

Looking to sue a customer for non payment

Answered 7 years and 3 months ago by attorney Bruce Robins   |   1 Answer
Is there some reason you think you can't sue this customer in Nevada?  Although I don't know all the facts, if this dispute arises from a transaction where the customer ordered goods from Nevada, it certainly seems that Nevada courts would have jurisdiction over the customer, and it would be much easier  (and probably cheaper) for you to sue in Nevada since someone from your company is going to have to testify at trial, if not in deposition.... Read More
Is there some reason you think you can't sue this customer in Nevada?  Although I don't know all the facts, if this dispute arises from a... Read More

IAM LOOKING FOR A LAWYER IAM NAMED IN A LAWSUIT

Answered 7 years and 3 months ago by attorney Stephen Arnold Black   |   1 Answer
Are you being sued or are you looking for counsel to sue the other party? 
Are you being sued or are you looking for counsel to sue the other party? 

Does This Classify as Fraud?

Answered 7 years and 5 months ago by Scott F. Bocchio (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Social Security Disability
It's not that you will get in trouble but rather, how much will the SSA make you pay back if they feel you are receivign a benefit you are no longer entitled to receiving. 
It's not that you will get in trouble but rather, how much will the SSA make you pay back if they feel you are receivign a benefit you are no longer... Read More

Options for a friend

Answered 7 years and 6 months ago by attorney Stephen Arnold Black   |   1 Answer   |  Legal Topics: Immigration
Correct. If he marries a US citizen, that would be the most expedient way to get a green card and he could adjust status here provided he entered the US legally which it appears he has. Counsel anywhere in the USA can assist him.
Correct. If he marries a US citizen, that would be the most expedient way to get a green card and he could adjust status here provided he entered the... Read More

What do I have to do to meet legal requirements?

Answered 7 years and 9 months ago by attorney Bruce Robins   |   1 Answer   |  Legal Topics: Business Law
Entering into a raffle, i.e. buying a chance to possibly win a prize, but losing your money if your raffle isn't chosen, is gambling, and is probably illegal in your state (I am not admitted to practice in West Virginia, but I'm pretty sure nonetheless).  Sometimes states allow raffles for charity, but I would doubt they would allow it when only 20% of the proceeds are being given to charity.  You should check with the State of West Virginia, but unfortunately I don't know what specific agency there would cover it.... Read More
Entering into a raffle, i.e. buying a chance to possibly win a prize, but losing your money if your raffle isn't chosen, is gambling, and is probably... Read More

In the state of west virginia is it illegal for male 22 years old to date a 17 year old female

Answered 7 years and 10 months ago by attorney Bruce Robins   |   1 Answer
The age of consent in West Virginia is 16; there is no law against a 22 year old dating a 17 year old.
The age of consent in West Virginia is 16; there is no law against a 22 year old dating a 17 year old.

Russell J Egan was my patent attourney, I can't find him. Can I apply for a patent with a different attourney?

Answered 7 years and 11 months ago by Fritzner L. Altidor, Esq. CPA (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Intellectual Property
You can always continue to prosecute your application with a different attorney. You should search the U.S. Patent Office (USPTO) web site for your attorney current contact information before deciding to contact a different attorney. However, if it's been five (5) years since your last action, your application may be abandoned even if it was issued. Your new attorney will have to deal with it. Good luck.... Read More
You can always continue to prosecute your application with a different attorney. You should search the U.S. Patent Office (USPTO) web site for... Read More

If the family court judge was the former prosecutor in a criminal case of mine do I have grounds for a recusal?

Answered 8 years and 2 months ago by NA smsattorney@gmail.com (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family Law
You should focus on the case and not the judge. Discuss your situation with an attorney and plan out an effective strategy. We are based in New York but we do provide services in your state, as well as have monthly payment plans available. Above answer and comments to questions are for general purposes only. Feel free to call 1-877-866-8665 Ahsan Syed, Case Manager. ... Read More
You should focus on the case and not the judge. Discuss your situation with an attorney and plan out an effective strategy. We are based in New... Read More

Why do you have to wait so long for an appeal hearing?

Answered 8 years and 2 months ago by Scott F. Bocchio (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Social Security Disability
I would suggest a lawyer.  If you hire a law firm they can be the conduit between you and SSA.  
I would suggest a lawyer.  If you hire a law firm they can be the conduit between you and SSA.  

Can i get custody of my children from the state with a paternity test

Answered 8 years and 2 months ago by NA smsattorney@gmail.com (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family Law
You can get your kids back, however, attorneys will need to know the full story about the case such as why they were taken away and etc. We can certainly try to help you evaluate your options. Feel free to give us a call or text for a free consultation. Thank You. Toll-Free 1-877-866-8665 Ahsan Syed, Case Manager... Read More
You can get your kids back, however, attorneys will need to know the full story about the case such as why they were taken away and etc. We can... Read More

Joint ownership of property, I want my sister to buy my share of the property so that my name can be removed from the deed.

Answered 8 years and 2 months ago by D. Michael Burke (Unclaimed Profile)   |   1 Answer
You need to contact an experienced real estate attorney in the area where you live. Hopefully, you can work out your differences, but you can force the issue by filing a partition suit.
You need to contact an experienced real estate attorney in the area where you live. Hopefully, you can work out your differences, but you can force... Read More

Wv statue of limitations on oral contract is 4-5 yrs. when does that time start?

Answered 8 years and 6 months ago by attorney Bruce Robins   |   1 Answer
Neithwr, the statute of limitations on a breach of contract claim runs from the date the contract was breached or, in some jurisdictions (I don't know about West Virginia) can run from when the breach should reasonsbly have been discovered.
Neithwr, the statute of limitations on a breach of contract claim runs from the date the contract was breached or, in some jurisdictions (I don't... Read More

Is there time limit in filing a breach of con tract lawsuit?

Answered 8 years and 9 months ago by attorney Bruce Robins   |   1 Answer
Yes, there is a time limit, but unless a shorter time was set forth in your employment agreement, I believe you would be well within it.  I don't know what the statute of limitations for breach of contract is in West  Virginia, but in most states it is between 3 to 5 years from the breach.  The problem may be that your former employer, given that it is laying people off, may not have the money to pay you even if you win your lawsuit.... Read More
Yes, there is a time limit, but unless a shorter time was set forth in your employment agreement, I believe you would be well within it.  I... Read More
Legal Issue
West Virginia