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Huntington Business & Commercial Law Blog

Understanding West Virginia Intestate Laws

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When a West Virginian dies, the deceased's property is transferred to his or her heirs through a legal process referred to as probate. After the debts of the estate are paid, the property is devised to heirs in one of two ways: (1) if the person had a Last Will and Testament (a "will"), this means the person died "testate," and the property is transferred according to the will; or (2) if the person died without a will, the decedent is said to have died "intestate." West Virginia intestate laws then control the allocation of the decedent's property.

Are Online Wills Legal? The Frightening Truth ... Just in Time for Halloween

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As an estate planning attorney, I see a lot of wills that were created online at various websites or using in fill in the blank forms. Despite a will likely being the most important financial planning document a person can have, it is astonishing how many people attempt to create their own wills without the assistance of a professional. While many view estate planning as a "morbid" or "haunting" experience, most of my clients would tell you that it is simple, necessary, and relatively painless.

A Short Guide to West Virginia Inheritance Tax

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An inheritance tax is one method states use to tax the transfer of wealth. Not to be confused with an estate tax, which is payable from the estate of the deceased, an inheritance tax is paid by a person who inherits from the deceased. For anyone who has received or is anticipating an inheritance, following is a short guide to West Virginia inheritance tax.

Travelers Avoids the Burn Following "Arising Out of Asbestos" Construction

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On April 21, 2017, the Third Circuit Court of Appeals reversed the judgment of the District Court of the Eastern District of Pennsylvania, finding the meaning of the phrase "arising out of asbestos" found within a policy exclusion to be unambiguous and overturning a more than $36 million dollar judgment against Travelers Insurance.

WV Workers' Compensation Meal Reimbursement

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In West Virginia (WV) and many other states, workers' compensation claimants are entitled to travel reimbursement for all medical appointments related to their claims, including both independent medical evaluations (IMEs) and all treatment appointments. What is included in "travel reimbursement"? More specifically, what is an employer legally required to do when faced with a request for WV workers' compensation meal reimbursement?

State Right to Work Laws: Another Statute Is Upheld

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The West Virginia (WV) Supreme Court is not the only appellate court to recently uphold a "right to work" law. Wisconsin has also rebuffed a legal challenge to its right to work law.

West Virginia Right to Work Law Finally Goes into Effect

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The West Virginia Supreme Court has cleared the way for the state's right to work law to finally go into effect. This law, called the West Virginia Workplace Freedom Act, prevents employers from entering into agreements with unions that require employees to either join a union or pay a service fee to the union. The law was enacted early in 2016, right after the Republican party took control of the state's legislature. On September 15, 2017, the state's high court struck down a preliminary injunction that had prevented the enforcement of the Act, thereby paving the way for the West Virginia right to work law to go into effect.

Speakers on WV Law Available to Present about Employment Issues after a Workplace Injury

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On September 12, 2017, a group of three Jenkins Fenstermaker attorneys had the honor of presenting to the West Virginia Rural Water Association (WVRWA) at their 32nd Annual Training and Technical Conference in Charleston, West Virginia (WV). Their presentation was entitled, "Accidents Will Happen: Employment Issues After a Workplace Injury."

An Estate Administration Lawyer in WV: Your Navigator of the Probate Process

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The death of a loved one brings on a world of grief for those left behind. There is often a flurry of personal emotions such as fear, anger, guilt, sadness, and despair. And if that is not enough, there are well-meaning people who call, send cards, and stop by, often asking about events surrounding the final days. Wondering whether to contact an estate administration lawyer in WV to determine how the probate process works is usually not top-of-mind during such a difficult time.

Protect Your Second Amendment Rights with the Help of a Gun Trust Lawyer

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The Second Amendment of the United States Constitution grants us the right to bear arms. It states as follows: "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." A gun trust lawyer can help you exercise this right for yourself and your heirs.