How Can I Probate a Will That Was Not Witnessed or Notarized in West Virginia?
Detailed Answer: Probating an Unwitnessed or Unnotarized Will in West Virginia Disclaimer: This article is for general information only and does not constitute legal advice. Always consult a qualified attorney about your specific situation. Under West Virginia law, a valid will must meet certain formal requirements before a circuit court can admit it to probate. […]
Read article →How to Obtain and Submit an Original Will or Filed Copy During Probate Administration in WV
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation. Detailed Answer In West Virginia, the person holding the original will must deliver it to the Clerk of the County Commission in the county where the decedent resided. Under W. Va. […]
Read article →What Types of Evidence Will Strengthen My Diminished Value Claim in WV?
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation. Understanding Diminished Value Claims in West Virginia When your vehicle suffers damage in an accident, it can lose value even after high-quality repairs. This “diminished value” can form the basis […]
Read article →How Can Beneficiaries Challenge a Trustee Who Misuses Trust Funds in WV?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation. Detailed Answer: Challenging a Trustee Who Misuses Trust Funds Under West Virginia law, a trustee owes strict fiduciary duties to the beneficiaries, including loyalty, impartiality, and the duty to account. If […]
Read article →How can I obtain proof of lost wages when my former employer will not provide payroll records in West Virginia?
Detailed Answer If your former employer refuses to hand over payroll records, West Virginia law still protects your right to claim unpaid or lost wages. Under the Wage Payment and Collection Act, an employer must maintain accurate payroll records for at least three years. See WV Code §21-5C-3 (Recordkeeping requirements). Here’s how to build your […]
Read article →What steps are needed to seek guardianship or conservatorship for an incapacitated relative in West Virginia?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer Under West Virginia law, a guardian manages the personal needs of an incapacitated adult, while a conservator manages the person’s finances. You must file separate petitions under the Uniform Guardianship and Conservatorship Act (WV Code § 44A-2-1 and WV […]
Read article →What documents are needed to complete a small estate affidavit for estate assets in West Virginia?
Detailed Answer Under West Virginia law, you can use a small estate affidavit to transfer certain personal property without full probate when the total value of the decedent’s personal assets does not exceed $100,000. See West Virginia Code § 44-1-12 (https://code.wvlegislature.gov/44-1-12/). This streamlined process helps heirs receive bank balances, vehicles, and other non-real estate assets […]
Read article →How to Validate and Certify an Affidavit of Collection to Collect Personal Property in West Virginia
Detailed Answer Under West Virginia law, an affidavit of collection for personal property is a sworn statement asserting a right to recover or repossess items after a default or judgment. To ensure validity and certification, follow these steps. 1. Identify Your Legal Basis Determine whether you rely on a security agreement, lease, contract clause or […]
Read article →What evidence or documentation supports a request to amend a police report in West Virginia?
Disclaimer The information in this article is for educational purposes and does not constitute legal advice. Always consult a qualified attorney for guidance on your specific situation. Detailed Answer Under West Virginia law, you can request an amendment to a police report by submitting a written request to the law-enforcement agency that created the record. […]
Read article →How can an interested party determine if surplus funds remain after a foreclosure sale in West Virginia?
Disclaimer: This article is for informational purposes only and does not constitute legal advice and does not establish an attorney-client relationship. Understanding Foreclosure Surplus Funds in West Virginia When a property sells at a foreclosure auction, the court uses the proceeds to cover sale costs, the mortgage, and any junior liens. Any amount left over […]
Read article →